King v. First Capital Financial Services Corp.

JUSTICE LYTTON,

specially concurring:

I specially concur because I am not as convinced as the majority that First Savings & Loan Ass’n of Bureau County v. Sadnick, 162 Ill. App. 3d 581 (1987), is indistinguishable from this case. On the contrary, I believe that the trial judge was correct when she indicated that the fee charged in this case “changes the nature of the transaction ***. [The Kings] paid [the fee] in exchange for a benefit to them, which is getting these documents prepared.” When the Kings were required to either pay the fee or do without the mortgage, the transaction was no longer…