Midwest Bank & Trust Co. v. US Bank

              No. 2--05--1255 filed: 11/13/06
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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MIDWEST BANK AND TRUST COMPANY, ) Appeal from the Circuit Court
Successor by Merger to Midwest Bank of ) of McHenry County.
McHenry County, )
)
Plaintiff, )
)
v. ) No. 03--CH--811
)
US BANK, f/k/a Firstar Bank, f/k/a First )
National Bank of Geneva, as Trustee under the )
provisions of a Trust Agreement dated )
September 3, 1985, and known as Trust No. )
2312; THE UNITED STATES OF AMERICA; )
BARBARA STRANDELL; WEISZ, )
MICHLING AND HOFFMAN, P.C.; )
UNKNOWN OWNERS; and NONRECORD )
CLAIMANTS, ))
Defendants ))
(Harold Strandell, Defendant-Appellant; ) Honorable
Cardunal Investment Group, Inc., and Patina, ) Michael T. Caldwell,
Ltd., Third-Party Purchasers-Appellees). ) Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
At issue in this case is whether the trial court abused its discretion by distributing surplus
funds from the sale of foreclosed property to third-party purchasers-appellees Cardunal Investment
Group, Inc., and Patina, Ltd. (collectively Cardunal), for the payment of real estate taxes. We
conclude that the trial court abused its discretion by doing so, and therefore, we reverse and remand.