First Illinois Bank & Trust v. Galuska

Defendants Richard J. Galuska and Joy Lynn Galuska appeal from the trial court’s grant of summary judgment in favor of plaintiff First Illinois Bank & Trust entitling it to possession of their residence. Defendants urge on appeal that the circuit court erred in granting the motion because they had asserted multiple defenses to plaintiff’s forcible entry and detainer action via affidavits which raised issues of fact material to the resolution of the case.

In late 1989, defendants’ senior mortgagee, Bell Federal Savings, filed an action to foreclose on its mortgage and joined plaintiff, who held…