Chicago Title Land Trust Co. v. Watkin

Plaintiff, a trustee to a land trust, filed a complaint to quiet title, arguing that a mortgage lien on the land trust was extinguished by operation of law after the expiration of the limitations period for both the debt and the mortgage and that this constituted a cloud on title. The parties filed cross-motions for summary judgment and the circuit court granted defendant’s motion, finding that the mortgage remained a valid lien on the property even when the debt was unenforceable and plaintiff appealed. The appellate court affirmed, finding that the expiration of the statute of limitations for enforcement of the note and mortgage did not extinguish the lien on plaintiff’s property. (MARTIN and D.B. WALKER, concurring)