Bank receives tardy notification of mortgagor’s death

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 30, 2022 11:03 AM

A judge in Macoupin County ordered Associated Bank to give the administrator of Thomas F. Topal’s estate a written release of its mortgage on a house Topal owned in Benld, Illinois. The bank — unaware of Topal’s death because it kept receiving monthly payments and an estate wasn’t opened until two and a half years later — didn’t pursue a contract claim or file a quasi in rem foreclosure complaint within the repose period set by Sec. 18-12(b) of the Probate Act.Section 18-12(b) says: “Unless sooner barred under subsection …

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