Can a Bank Refuse to Comply With the Terms of the Parties Alleged Oral Agreement to Restructure the Loan ?
In Teachers Insurance & Annuity Ass'n of America v. La Salle National Bank, 295 Ill. App. 3d 61, 70, 691 N.E.2d 881, 229 Ill. Dec. 408 (1998), a lender holding a mortgage on commercial property filed a foreclosure action against the borrowers. Teachers Insurance, 295 Ill. App. 3d at 65.
In the months before the complaint was filed, the defendants had informed the lender that its primary tenant was not going to renew its lease, and therefore, the loan needed to be restructured.
The parties subsequently engaged in periodic discussions regarding restructuring the loan, but never executed a written restructuring agreement. Teachers Insurance, 295 Ill. App. 3d at 64.
After the plaintiff filed its complaint, the defendants raised several affirmative defenses and counterclaims, including breach of contract, unclean hands, fraud, and estoppel, arising from the bank's refusal to comply with the terms of the parties alleged oral agreement to restructure the loan.
Defendants also asserted that as a result of the bank's refusal to follow through on the alleged oral agreement to restructure the loan, they lost two large leases.
The trial court granted plaintiff's motion for a summary judgment on defendants' affirmative defenses and counterclaims on the grounds that they were barred by the Credit Agreements Act (now see 815 ILCS 160/0.01 et seq. (West 2006)). Teachers Insurance, 295 Ill. App. 3d at 65-66.