West Suburban Bank v. Lattemann

The intervenor, Costas Kappos, was the purchaser at a sale held pursuant to a judgment foreclosing a second mortgage on residential real estate. The plaintiff, West Suburban Bank, was the mortgagee. This court vacated the judgment and the sale as void because the plaintiff failed to serve one of the mortgagors. We also ruled that Kappos was entitled to the $80,000 he paid for the property and remanded the cause for further proceedings. West Suburban Bank v. Lattemann, 269 Ill. App. 3d 1143 (1995) (unpublished order under Supreme Court Rule 23).

On remand, the plaintiff tendered Kappos the…