The Bank of New York v. Langman

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120609
Decision Date: 
March 20, 2013
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
BURKE
Holding: 
Affirmed.
Court entered orders of foreclosure of first liens, in favor of two different mortgagees, in two separate cases as to same property. The recorded pending foreclosure action by Plaintiff Bank gave Defendant Bank actual or constructive notice that Plaintiff's mortgage was superior. Plaintiff's lien takes priority over any subsequent purchaser with notice or anything to put that purchaser on inquiry. Another bank's filing of a foreclosure action naming "Unknown Owners" did not extinguish Plaintiff Bank's lien interest as against subsequent lienholders with constructive notice of adverse lien. Recording of lis pendens foreclosure places subsequent purchasers on notice. (JORGENSEN and HUDSON, concurring.)