Resolution Trust Corp. v. Hardisty

PRESIDING JUSTICE STOUDER delivered the opinion of the court:

Plaintiff, Resolution Trust Corporation, filed a two-count complaint in the circuit court of Will County. Count I sought a foreclosure of its mortgage against property located in Romeoville, Illinois, and a personal deficiency judgment against defendant, Albert Hardisty, based on a mortgage note. Count II sought liability against the defendant based on the family expense act. The circuit court of Will County entered a judgment of foreclosure and sale in favor of the plaintiff. Defendant appeals. We reverse.

On December 30, 1977,…