First Indiana Bank v. Goldman

The petitioner, First Indiana Bank (Bank), filed a motion pursuant to section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2— 1401 (West 1994)) to set aside a tax deed that had been issued to the respondent, Goldman or Piersma, agent (hereinafter Goldman). The Bank alleged that the deed was obtained fraudulently and in violation of a federal bankruptcy court’s automatic stay. Goldman filed a motion to dismiss, and the Bank filed a motion for summary judgment. The trial court granted the Bank’s motions and vacated the tax deed. In so doing, the court found that Goldman named the wrong…