Legal Opinion
Federal National Mortgage Ass'n v. Kuipers
Appellate Court of Illinois
Decided June 28, 2000No. 2—99—0933, 2—99—1377 consPublishedCited by 29 opinions
1Opinion of the CourtJustice Geiger
This appeal arises from a dispute concerning lien priority in a mortgage foreclosure proceeding. The issue is whether an assignee of a priority mortgage may maintain that priority position over a judgment creditor without recording the assignment of mortgage.
On July 24, 1994, Dale Kuipers and Beverly Kuipers executed a note and mortgage for the sum of $100,000 in favor of Medallion Mortgage Company (Medallion). The note and mortgage were filed with the Kane County recorder’s office on August 1, 1994. Pursuant to their terms, the note and mortgage were assignable to third parties. On August 3,…
2Cases cited19 opinions
- Resolution Trust Corp. v. HoltzmanAppellate Court of Illinois · 1993
- Progressive Consumers Federal Credit Union v. United StatesCourt of Appeals for the First Circuit · 1996
- Schaumburg State Bank v. Bank of WheatonAppellate Court of Illinois · 1990
- COMMUNITY BK. OF GREATER PEORIA v. CarterAppellate Court of Illinois · 1996
- Dana Point Condominium Ass'n v. Keystone Service Co.Appellate Court of Illinois · 1986
14 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Rogan v. Bank One, Natl AssocCourt of Appeals for the Sixth Circuit · 2006
- US Bank v. AvdicAppellate Court of Illinois · 2014
- Aames Capital Corp. v. Interstate Bank of Oak ForestAppellate Court of Illinois · 2000
- US Bank National Ass'n v. VillasenorAppellate Court of Illinois · 2012
- Apollo Real Estate Investmend Fund, IV, L.P. v. GelberAppellate Court of Illinois · 2009
24 more not listed; retrieve them via the Exa API.