Illinois Appellate Court
Civil Court
Mechanic's Liens
Foreclosure
Bank filed mortgage foreclosure action on parcel of real estate being developed for senior apartments, and construction company and concrete contractor filed mechanic's liens. Property sold to bank at sheriff's sale. Court apportioned funds between bank and mechanics lien claimants. Mortgage predated underlying contracts, thus liens preferred to extent of value of improvements and mortgage as to value of land, and court properly employed proportionality analysis in its allocation of sale proceeds. However, bank should not have been subrogated to mechanic's lien claimant position, as its funding of project via mortgage loan did not enhance value of property.