Peru Federal Savings Bank v. Weiden

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2016 IL App (3d) 140205
Decision Date: 
Friday, April 15, 2016
District: 
3d Dist.
Division/County: 
LaSalle Co.
Holding: 
Reversed and remanded with directions.
Justice: 
LYTTON

Bank foreclosed on marital residence 6 years after couple divorced. Law firm that represented husband in divorce requested and were awarded surplus funds from sale in satisfaction of judgment lien for attorney fees.  Dissolution judgment created equitable lien in wife's interest in marital property that has priority over judgment lien recorded by husband's law firm. Specific language of dissolution judgment clearly indicated that marital residence was security for wife's equity interest. Thus, wife should be awarded excess surplus first and any remaining funds should be used to satisfy law firm's lien. (O'BRIEN and McDADE, concurring.)