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McGahey v. Fuller

131 Ill. App. 3d 663 (Ill. App. Ct. 1985)
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McGahey v. Fuller

1 Citing case

  1. Anna National Bank v. Prater

    154 Ill. App. 3d 6 (Ill. App. Ct. 1987)   Cited 17 times
    In Anna, the court noted the "well-established Illinois law" that a mortgagee's rights to rents and profits "may be enforced by the mortgagee upon default by taking possession of the mortgaged property."

    Such a statutory lien is specifically excluded from application of the UCC, as are real estate interests. (See Ill. Rev. Stat. 1983, ch. 26, par. 9-104(b); McGahey v. Fuller (1985), 131 Ill. App.3d 663, 476 N.E.2d 438; Dwyer v. Cooksville Grain Co. (1983), 117 Ill. App.3d 1001, 454 N.E.2d 357.) As the authors of the Illinois Code Comment to section 9-312(2) observe, a practical solution to such a possible conflict "may be found in a subordination agreement under sec. 9-316."