Illinois Appellate Court
Civil Court
Mortgage Foreclosure
(Modified upon denial of rehearing 12/28/12.) Bank lacked standing at time of filing its foreclosure action, as MERS was identified as mortgagee, on mortgage and note attached to complaint, and assignment of interest in mortgage from MERS to Bank did not occur until several months after foreclosure action was filed. Foreclosing party must actually be in possession of its claimed interest in note when filing suit. Bank was not liable for Truth in Lending Act (TILA) violation, as assignee of loan, because alleged TILA violation was not apparent on face of loan documents. (McLAREN and ZENOFF, concurring.)