Du Page Bank & Trust Co. v. Du Page Bank & Trust Co.

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

E. P. Doyle and Son (contractor), counterplaintiff in an action filed by the Du Page Bank & Trust Company (lender) to foreclose a trust deed against property held by the Du Page Bank & Trust Company as trustee under trust No. 2195 with John F. Daniels as sole beneficiary (owner), appeals from a judgment finding that the lender held a lien prior to that of the contractor.

On May 19, 1979, the owner entered into a contract with the contractor to build a restaurant in Glen Ellyn to be called “Track 29,” for a construction cost of…