Palatine Savings & Loan Ass'n v. National Bank & Trust Co.

Defendants, Ralph Edgar and Investment Development, Inc., bring this appeal from an order denying their petition to vacate a personal deficiency judgment entered by default in a mortgage foreclosure proceeding. Defendants contend that the judgment is void because notice of plaintiff’s intent to seek a deficiency was not issued under Supreme Court Rule 105 (Ill. Rev. Stat. 1977, ch. 110A, par. 105) and that a deficiency decree cannot be entered against a guarantor in a mortgage foreclosure action. We need reach only the first issue.

On September 23, 1972, plaintiff, Palatine Savings and Loan…