Gutansky v. Advance Mortgage Corp.

PRESIDING JUSTICE ROMITI

delivered the opinion of the court:

The plaintiffs attempted to bring a class action to recover statutory penalties for failure to release a mortgage within the 30 days required by law. The court refused to certify the class action; plaintiffs were granted judgment on their individual claim. The plaintiffs have appealed the denial of certification. We affirm.

Section 2 of “An Act relating to mortgages of property of public utilities” (Ill. Rev. Stat. 1977, ch. 95, par. 52) provides in part:

“Every mortgagee of real property, his assignee of record, or other legal…