Hauk v. First National Bank of St. Charles

SMITH, Presiding Judge.

Plaintiffs, George and Theresa Hauk, appeal from a judgment against them in a court-tried case on their claim for breach of contract and from a judgment in favor of defendant, First National Bank of St. Charles, on its counterclaim. We reverse both judgments.

Plaintiffs were the holders of a note and first deed of trust on property owned by Russell Williams. The bank was the holder of second and third deeds of trust on the same property. On September 24, 1982, the bank foreclosed its deeds of trust and purchased the property at foreclosure sale. Payments on plaintiffs’…