Creditor claimed lien survived joint tenant’s death

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 7, 2022 9:39 AM

Victor N. Barcroft lost a breach of contract case and died while Darlene Westberg was trying to foreclose on a $388,394 judgment lien that encumbered Barrington real estate he owned in joint tenancy with his daughter Susan Barcroft.Because he was the sole judgment debtor, Susan argued her father’s death automatically made her the sole owner, extinguishing the lien. But Westberg insisted the encumbrance was saved by two Illinois statutes — Sec. 12-157 of the Code of Civil Procedure and Sec. 15-1501(h) of the Mortgage …

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