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Wells Fargo Bank, Na v. Heritage Bank of Central Illinois

February 26, 2013

WELLS FARGO BANK, NA,
PLAINTIFF-APPELLEE,
v.
HERITAGE BANK OF CENTRAL ILLINOIS, DEFENDANT-APPELLEE
(BLACK HAWK INVESTMENT PROPERTIES, DEFENDANT-APPELLANT).



Appeal from the Circuit Court of the 10th Judicial Circuit, Tazewell County, Illinois, Circuit No. 08-CH-508 Honorable Paul Gilfillan, Judge, Presiding.

The opinion of the court was delivered by: Justice Schmidt

JUSTICE SCHMIDT delivered the judgment of the court, with opinion. Justice McDade concurred in the judgment and opinion.

Justice Lytton specially concurred, with opinion.

OPINION

¶ 1 Plaintiff, Wells Fargo Bank, N.A. (Wells Fargo), brought this foreclosure action seeking a judgment of foreclosure and sale of real property located at 1106 Audubon Drive, Pekin, Illinois.

Defendants, Heritage Bank of Central Illinois (Heritage) and Black Hawk Investment Properties (Blackhawk), also claimed secured interests in the property. Ultimately, the property sold at auction for $150,001 and the circuit court of Tazewell County distributed the proceeds by awarding Wells Fargo $115,590.54 and Heritage $34,410.46. Black Hawk appeals, claiming the trial court erred in failing to grant Black Hawk priority status when disbursing the proceeds of the sale. We affirm.

¶ 2 BACKGROUND

¶ 3 On June 6, 1994, Black Hawk obtained a judgment against Randi Friedrich in the amount of $512,414.05 in Rock Island County case No. 94-L-165. Black Hawk then recorded a memorandum of judgment in Tazewell County on June 21, 1994.

¶ 4 Wells Fargo holds a mortgage on the property at issue here located in Pekin, Illinois, which is owned by Randi Friedrich. The mortgage secures a note in the original amount of $153,750 and is dated February 18, 1998. Wells Fargo recorded the mortgage on February 23, 1998, in Tazewell County. On June 9, 1999, Heritage recorded a second mortgage on the property, which secured a $63,000 loan to Randi Friedrich.

¶ 5 On April 12, 2001, Black Hawk filed a petition to revive the judgment in case No. 94-L-165 with the Rock Island County circuit court. The court entered an order reviving the judgment on June 5, 2001. Black Hawk then recorded the revived judgment, via memorandum of judgment, in Tazewell County on June 15, 2001.

¶ 6 On May 27, 2008, Black Hawk again filed a petition in Rock Island County to revive the original judgment. The Rock Island County circuit court, again, entered an order reviving the judgment, which Black Hawk then recorded in Tazewell County on May 28, 2008.

¶ 7 Wells Fargo filed this foreclosure action on December 18, 2008. It named Friedrich, Heritage and Black Hawk as defendants. Black Hawk moved for summary judgment, seeking an order declaring its lien on the property superior to all others. On July 2, 2010, the trial court entered an order prioritizing the liens against the property. The court found "there was no lien in favor of Black Hawk as to the instant Tazewell County real estate from June 5, 2001 until June 15, 2001; therefore, the prior liens (those existing before June 15, 2001) of plaintiff and Heritage Bank had priority."

ΒΆ 8 Ultimately, on August 15, 2011, the Tazewell County sheriff sold the property at auction for $150,001. Thereafter, on August 29, 2011, the trial court entered an order approving and confirming the sale and ordering $115,590.54 of the proceeds to be distributed to Wells Fargo and ...


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