Downstate National Bank v. Elmore

PRESIDING JUSTICE GOLDENHERSH

delivered the opinion of the court:

Defendants Hal E. Elmore, Luann K. Elmore, and U.S. Mortgage Corporation appeal from a declaratory judgment of the circuit court of Effingham County in favor of plaintiff, Downstate National Bank, formerly known as the First National Bank in Altamont.

We determine the issues on appeal to be (1) whether the lien rights of a junior mortgagee can be extinguished by a foreclosure suit if a comortgagor is not made a party to this suit and the comortgagor’s equity of redemption is not foreclosed, even though the junior mortgagee was…