Spitz v. Goldome Realty Credit Corp.

Plaintiffs, David and Barbara Spitz, filed a class action complaint against defendant, Goldome Realty Credit Corporation, a subsidiary of a federally chartered savings and loan association, in the circuit court of Cook County. According to their complaint, plaintiffs alleged that the defendant did not notify them in writing of the requirements of the Mortgage Escrow Account Act (Act) (Ill. Rev. Stat. 1985, ch. 17, par. 4901 et seq.). Defendant filed a motion to dismiss in which it maintained that plaintiffs’ complaint failed to state a cause of action, because the Act was preempted by Federal…