Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Homeowner, a senior citizen with limited education, was solicited by company to avoid foreclosure and signed numerous documents deeding property to company with promise that she could have her house back within a year. Homeowner made prima facie showing of essential elements of equitable mortgage, with many factors suggesting existence of a debt relationship. Attorney's conduct in comparing signatures on documents with signature on driver's license, without seeing signer in person, was not a valid notarization.However, Plaintiff was judicially bound by her admission that she signed warranty deed, and she could not assert forgery of signatures. Plaintiff presented prima facie case for legal malpractice against attorney, who met with her only once and who gave only cursory statements about complex real estate transaction. (HOFFMAN and DELORT, concurring.)