U.S. Bank National Association v. Rose

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2014 IL App (3d) 130129
Decision Date: 
February 5, 2014
District: 
3d Dist.
Division/County: 
Will Co.
Justice: 
O'BRIEN
Holding: 
Reversed and remanded with instructions.
Bank filed foreclosure and fraud action and then filed motion for prejudgment attachment against Defendants' assets.Trial court has limited discretion in decision whether to grant attachment. If factual findings establish cause and a probability of success, court retains no discretion to deny attachment, and shall enter order of attachment. Defendant failed to inform Bank that he had formed an offshore trust, and actively concealed his transfer of significant interest to the trust.(CARTER and HOLDRIDGE, concurring.)