Marquette Bank v. Heartland Bank and Trust Company

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 142627
Decision Date: 
Tuesday, September 29, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HYMAN
(Court opinion corrected 10/20/15.) Court properly granted summary judgment for Plaintiff bank in foreclosure of marital home owned by a land trust. Wife's signing of a letter of direction to trustee of land trust shows her consent to the mortgage, a joint debt, and thus the defense of tenants by the entirety, even if allowed by statute, was not available to prevent foreclosure. (PIERCE and SIMON, concurring.)