Marino v. United Bank of Illinois, N.A.
Illinois Appellate Court
484 N.E.2d 935 (1985)
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
Holding and Reasoning (Schnake, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.