American National Bank & Trust Co. v. Schultz

American National Bank and Trust Company of Waukegan (hereinafter “mortgagee”), in a pending foreclosure action against Lewis M. Schultz and Marie C. Schultz (hereinafter “defendants”), filed a petition to place itself in possession as mortgagee of premises located at 830 Ash Street, Waukegan, Illinois. The defendants filed a “response” to this petition but did not specifically deny any of the allegations set forth in the mortgagee’s petition. The trial court found that the mortgagee’s petition had not been controverted under oath and that the bank was the mortgagee and legal holder of the…