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Marino v. United Bank of Illinois, N.A.

Illinois Appellate Court
484 N.E.2d 935 (1985)


Facts

United Bank of Illinois, N.A. (United Bank) (defendant) instituted foreclosure proceedings against a property. Lawrence Marino (plaintiff) attended the sheriff’s sale to potentially bid on the property. Marino did not check the property title at the county’s record office. At the sale, Marino was directed to speak to Theodore Liebovich, the attorney handling the case, to find out whether there were any encumbrances on the property. However, Marino spoke instead with Linda Kream, the attorney filling in for Liebovich. When asked by Marino if there were any liens or mortgages on the property, Kream looked through Liebovich’s file and informed him that there were none that she could see. Kream also indicated that she was unfamiliar with the case because she was only filling in for Liebovich. Thereafter, Marino purchased the property at the sale, which the trial court approved. However, after the purchase, Marino learned that there were additional encumbrances on the property. Marino moved to vacate the sale, arguing that he had relied on Kream’s misrepresentation in bidding for the property. The trial court determined that Kream’s statements were not fraudulent or intentional, but nonetheless invalidated the sale based on Marino’s reliance. United Bank moved for reconsideration. The trial court granted the motion and reversed the invalidation, confirming the sale of the property. Marino appealed.

Rule of Law

Issue

Holding and Reasoning (Schnake, J.)

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