BANK OF AMERICA v. GENTRY, 13-cv-620-SMY-SCW. (2014)
Court: District Court, S.D. Illinois
Number: infdco20141219a55
Visitors: 4
Filed: Dec. 18, 2014
Latest Update: Dec. 18, 2014
Summary: MEMORANDUM AND ORDER STACI M. YANDLE, District Judge. This matter comes before the Court on plaintiff Bank of America's Motion for Summary Judgment (Doc. 43). Defendant Secretary of Housing and Urban Development filed its response (Doc. 47). In its motion, Plaintiff contends its mortgage is superior to Defendant's lien. The evidence indicates Plaintiff recorded its mortgage on June 29, 2005. Defendant recorded its lien on April 11, 2007. Defendant admitted as much in its Answer to Plaintiff's
Summary: MEMORANDUM AND ORDER STACI M. YANDLE, District Judge. This matter comes before the Court on plaintiff Bank of America's Motion for Summary Judgment (Doc. 43). Defendant Secretary of Housing and Urban Development filed its response (Doc. 47). In its motion, Plaintiff contends its mortgage is superior to Defendant's lien. The evidence indicates Plaintiff recorded its mortgage on June 29, 2005. Defendant recorded its lien on April 11, 2007. Defendant admitted as much in its Answer to Plaintiff's C..
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MEMORANDUM AND ORDER
STACI M. YANDLE, District Judge.
This matter comes before the Court on plaintiff Bank of America's Motion for Summary Judgment (Doc. 43). Defendant Secretary of Housing and Urban Development filed its response (Doc. 47). In its motion, Plaintiff contends its mortgage is superior to Defendant's lien. The evidence indicates Plaintiff recorded its mortgage on June 29, 2005. Defendant recorded its lien on April 11, 2007. Defendant admitted as much in its Answer to Plaintiff's Complaint (Doc. 21). As such, Plaintiff's mortgage is superior to Defendant's lien. See Cole Taylor Bank v. Cole Taylor Bank, 586 N.E.2d 775, 780 (Ill. App. Ct. 1992) ("Generally a lien which is first in time has priority and is entitled to prior satisfaction out of the property it binds.). Accordingly, the Court GRANTS Plaintiff's Motion for Summary Judgment (Doc. 43) finding that Plaintiff may proceed to foreclose the subject property with Defendant's lien being secondary and subordinate to Plaintiff's mortgage.
IT IS SO ORDERED.
Source: Leagle
