Charter Bank v. Eckert

Plaintiff, Charter Bank (Charter) (formerly First Federal Savings and Loan Association of Sparta), filed a complaint for foreclosure upon the property referred to as Forrest Hall, a student dormitory located in Carbondale, Illinois. In Charter’s complaint, the named defendants included James Eckert, Lary Eckert, and Eckert Land Co. (the Eckerts), Donald A. Cook (Cook), and Frederick C. Stiles (Stiles). Subsequently, the Eckerts filed a counterclaim against Cook, claiming that Cook was personally obligated on the mortgage as he had expressly agreed to pay and to assume the mortgage on Forrest…