Wright Wurst & Co. v. Hill

In an action to foreclose a second mortgage, appellant, Wright Wurst & Company, Inc., appeals from a final order dismissing with prejudice its second amended complaint with respect to appellee, Vera Jean Hill. We reverse.

The appellant purchased two pieces of property from the appellee (the real estate that is the subject of the foreclosure action and an adjoining lot) and executed and delivered to the appellee a first mortgage on both lots. Appellant then sold both parcels to a third party and took back a second mortgage on one lot. The third party subsequently executed a quitclaim deed on…