The Private Bank and Trust Company v. EMS Investors, LLC

Illinois Appellate Court
Civil Court
Mortgages
Citation
Case Number: 
2015 IL App (1st) 141689
Decision Date: 
Wednesday, May 27, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Lender released and discharged a third co-borrower as to mortgages secured by property of the third co-borrower. Intent of parties to release and language of release that controls its scope and effect. Release of one co-borrower, in absence of reservation of rights, does not necessarily release all other joint and several co-borrowers. (PUCINSKI and LAVIN, concurring.)