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City of Chicago v. Cosmopolitan Nat'l Bk

OPINION FILED NOVEMBER 28, 1983.

THE CITY OF CHICAGO, PLAINTIFF-APPELLEE,

v.

COSMOPOLITAN NATIONAL BANK ET AL., DEFENDANTS-APPELLEES — (ARNIE YUSIM CHEVROLET, INC., PETITIONER-APPELLEE,

v.

LOUIS N. EPSTEIN, INTERVENOR-APPELLANT).



Appeal from the Circuit Court of Cook County; the Hon. Reginald Holzer, Judge, presiding.

JUSTICE GOLDBERG DELIVERED THE OPINION OF THE COURT:

Rehearing denied January 9, 1984.

This appeal involves a sheriff's sale of a vacant piece of real estate. The successful bidder was Louis N. Epstein (plaintiff). The city of Chicago had filed a complaint to foreclose the city's lien for the cost of demolition of the building upon the property. Plaintiff sought appropriate relief including mandamus to require the sheriff of Cook County to issue a deed.

The pertinent facts are best stated in chronological order:

June 9, 1976 - The city demolished the building and then recorded its lien for $6,219 for expense and cost thereof.

April 8, 1977 - Arnie Yusim Chevrolet, Inc. (Yusim) purchased the property by warranty deed from the record owner.

April 20, 1977 - Yusim recorded its deed to the property.

July 2, 1979 - The city filed a complaint to foreclose its lien. This was more than three years after recordation of the city's lien. Yusim was not a party to the city's complaint.

July 3, 1979 - The city recorded a lis pendens concerning the action.

April 29, 1981 - Judgment for foreclosure was entered upon the city's complaint.

June 3, 1981 - The sheriff's sale was conducted. Plaintiff was the highest bidder. In due course plaintiff paid his bid in cash and received a certificate of sale.

July 8, 1981 - The sheriff's report of sale and distribution of the proceeds of sale was confirmed.

November 18, 1981 - Yusim filed a petition for relief under the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2-1401). Yusim alleged that the judgment was void because the attempted foreclosure by the city was filed too late.

December 4, 1981 - Plaintiff presented his certificate of sale to the sheriff and demanded a deed. The sheriff refused to issue the deed because of the ...


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