v. Pioneer National Title Insurance Co., 186 Ill.App.3d 238, 132 Ill. Dec. 617, 540 N.E.2d 357 (1989), a mortgage had been deemed fraudulent because the mortgagor never signed the mortgage or held title to the mortgaged property. The Illinois court held that the loss caused by the fraudulent mortgage was covered, stating that “[njotwithstanding that the policy ... insured [the situation] where the title was vested otherwise than as stated in schedule A ..., the1 policy also covered loss or damage resulting from the invalidity or unenforce-ability of the mortgage lien.” Id., 132 Ill. Dec. at 620, 540 N.E.2d at 360 (emphasis added) (citing Bank of Miami Beach, 239 So.2d at 97); see also Citicorp Sav. v. Stewart Title Guar. Co., 840 F.2d 526, 529-30 (7th Cir.1988) (applying Illinois law) (<HOLDING>); Ferrell, 213 So.2d at 520 (holding that a
holding that the mortgagee named in the mortgage at the time of the mortgages execution acquired the legal title to the property holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa holding that a mortgagee could enforce mortgage covenants requiring the mortgagors to keep the property free of encumbrances even after it foreclosed by advertisement and purchased the property for the full amount of the mortgage debt because the mortgage covenants concerned title to the mortgaged property rather than repayment of the debt holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them holding that the mortgagors legal incompetence at the time of the execution of the mortgage was a covered risk under the title policys invalidity or unenforeeability provision