Comerica Bank-Illinois v. Harris Bank Hinsdale

In this consolidated appeal, the first and second mortgagees ask this court to review the trial court’s order awarding rents to a mortgagor which defaulted on its first and second mortgages. The trial court placed rents initially collected by the first mortgagee into the hands of a receiver. The court then ruled that the rents should be returned to the mortgagor because the mortgagor was in possession of the property at the time the rents were collected. We affirm.

Comerica Bank-Illinois, as the successor in interest to Affiliated Bank/North Shore National, issued a first mortgage on the…