Eastern Illinois Trust & Savings Bank v. Vickery

Plaintiff-appellant, Eastern Illinois Trust and Savings Bank, appeals an order of the circuit court of Kankakee County granting summary judgment to the defendants-appellees and dismissing Eastern’s complaint to foreclose a deed of trust on property owned by Jack and Shirley Vickery in Kankakee County. The sole issue presented for review is whether a creditor is barred from foreclosing a mortgage after judgment is obtained on a mortgage given on a different piece of property securing the note underlying both mortgages.

In October 1979, Eastern Illinois Trust and Savings Bank loaned Jack and…