Broker claimed lien-revival in foreclosure case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 12, 2021 9:15 AM

Integra Properties blew the two-year statute of limitations for enforcing a $30,000 broker’s lien on some real estate in Cicero under the Commercial Real Estate Broker Lien Act. But when a subsequent owner defaulted on a loan and Byline Bank filed a mortgage foreclosure case that included Integra as a defendant — because Byline wanted to wipe the stale lien off the chain of title — Integra jumped on the opportunity to pursue a counterclaim based on the notion that Sec. 13-207 of the Illinois Code of Civil Procedure revived …

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