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06/26/89 In Re Application of the County Treasurer and Ex Officio

June 26, 1989

IN RE APPLICATION OF THE COUNTY TREASURER AND EX OFFICIO


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIRST DIVISION

COUNTY COLLECTOR OF COOK COUNTY, ILLINOIS, FOR

JUDGMENT AND ORDER OF SALE v.

REAL ESTATE RENDERED DELINQUENT FOR THE NONPAYMENT OF 1980

TAXES (Elisa Fredericks et al.,

Petitioners-Appellees, v. Midwest Real Estate

Investment Company, Respondent-Appellant)

542 N.E.2d 397, 185 Ill. App. 3d 789, 134 Ill. Dec. 218 1989.IL.991

Appeal from the Circuit Court of Cook County; the Hon. Stephen R. Yates, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE MANNING delivered the opinion of the court. CAMPBELL and QUINLAN, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MANNING

Respondent, Midwest Real Estate Investment Company (Midwest), seeks reversal of a judgment entered by the circuit court which vacates a previous order directing issuance of a tax deed. This appeal affects two condominium units located on the first floor at 5036-38 South Drexel Boulevard, Chicago, Illinois. On December 11, 1978, Robert and Grace Hsu, the original owners, recorded a condominium declaration with the recorder of deeds. The declaration included an attachment which provided a legal description of the property and the percentage of ownership assigned to each of the six condominium units located in the building. Unit 1 was listed as 5036-1st and unit 4 as 5038-1st. A plat of survey was also attached to the declaration which designated unit 1 as 5038 South Drexel and unit 4 as 5036 South Drexel. Subsequent to the recording of a condominium declaration, the county assessor voids the permanent real estate index number originally assigned to property and divides the property by matching the legal description of the units as specified in the declaration. The division of property is then sent to the county clerk's office, where a new permanent index number is created for the condominium units. Unit number 5036 -- 1st was assigned the permanent index number of 20 -- 11 -- 113 -- 029 -- 1001 (PIN 1001), and unit number 5038-1st was assigned 20 -- 11 -- 113 -- 029 -- 1004 (PIN 1004).

On June 4, 1979, the owner filed an amended condominium declaration with the recorder of deeds with unit 1 listed as 5038 Drexel and unit 4 listed as 5036 Drexel. In November 1979, Theodore and Wanda Varnadoe, petitioners, obtained and recorded a warranty deed which listed the condominium unit they had purchased as 5036 South Drexel, unit 1. The Varnadoes entered into a mortgage contract with the First National Bank of Chicago, petitioner, who recorded the mortgage listing 5036 South Drexel, unit 1, as the address of the property mortgaged. Thereafter, the Varnadoes began living in the first floor unit of 5036 South Drexel which they believed they had purchased.

On October 6, 1980, Elisa Fredericks, petitioner, began living in unit 4 of 5038 South Drexel after obtaining and recording the warranty deed for that unit. There was confusion in the issuance of the warranty deeds because the Varnadoes thought they had purchased the first-floor unit they occupied at 5036 South Drexel but actually owned the first floor unit at 5038 South Drexel. Moreover, Ms. Fredericks ...


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