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Keywords

litigationattorneyhearingsummary judgmenttrustforeclosurequiet title action
plaintiffattorneydepositionhearingtrialaffidavitpleasummary judgmenttrustforeclosurequiet title action

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LaHood v. Couri, 236 Ill.App.3d 641, 603 N.E.2d 1165, 177 Ill.Dec. 791

Facts

Martha LaHood, executrix of Anthony LaHood's estate, initiated a foreclosure action against Peter Couri, who had defaulted on a promissory note secured by a mortgage on his property. The note was assigned to LaHood by South Side Trust & Savings Bank after LaHood paid it off. Couri contended that the mortgage was extinguished upon the assignment, leading to a series of legal actions, including a quiet title action, which ultimately resolved the validity of the mortgage assignment in favor of LaHood.

LaHood claims that Couri defaulted on a promissory note currently held by the Estate of Anthony LaHood. The note at issue was assigned by the South Side Trust & Savings Bank of Peoria, (South Side), to Anthony LaHood prior to his death.

Issue

The main legal issues were whether the validity of the assignment of the mortgage to LaHood could be relitigated and whether LaHood was entitled to attorney fees.

Couri claims (1) the trial court erred by using “offensive” collateral estoppel and res judicata; and, (2) the trial court erred in awarding the plaintiff his attorney's fees.

Rule

The court applied the doctrines of res judicata and collateral estoppel, which prevent relitigation of issues that have already been decided in prior cases involving the same parties.

In Illinois, summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” ( Ill.Rev.Stat.1989, ch. 110, par. 2–1005(c) .)

Analysis

The court determined that the validity of the mortgage assignment had been previously litigated in the quiet title action, where Couri had the opportunity to contest the assignment's validity. The court found that allowing Couri to relitigate this issue would violate the principles of res judicata and collateral estoppel, as the same parties and issues were involved. Regarding attorney fees, the court noted that LaHood failed to provide sufficient evidence to justify the fees claimed.

Applying these principles to the action at bar, it is evident that the present action necessitates the application of the doctrine of collateral estoppel. The parties and issue litigated in the quiet title action ( Couri v. Korn (1990), 203 Ill.App.3d 1091, 149 Ill.Dec. 771, 562 N.E.2d 235), and the present foreclosure action are the same; namely, the validity of the assignment of the mortgage to LaHood from South Side.

Conclusion

The court affirmed the summary judgment in favor of LaHood regarding the mortgage assignment but reversed the award of attorney fees, remanding the case for a hearing on the fees.

Accordingly, we hold that the plaintiff failed to present sufficient evidence to support his claim for attorney's fees. The judgment of the Circuit Court of Tazewell County awarding the plaintiff his attorney's fees is reversed and the cause is remanded to the trial court for a hearing on fees in accordance with the views expressed herein.

Who won?

Martha LaHood prevailed in the case because the court upheld the validity of the mortgage assignment, preventing Couri from relitigating the issue.

We hold, therefore, that the trial court did not err in granting summary judgment in favor of LaHood.

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