Court properly granted summary judgment for bank on its foreclosure complaint and order confirming sale of home. Plaintiff bank attached to its complaint a copy of executed and recorded mortgage, and a "lost document affidavit", neither signed nor notarized, stating that note could not be located in bank's records. MERS did not engage in any conduct that would require it to be licensed under the License Act, but was only listed on mortgage as the mortgagee, acting as nominee for lender. Plaintiff bank did ultimately attach a copy of note to its motion for summary judgment, and in his answer, Defendant admitted that Plaintiff brought suit in its capacity as trustee for holder of mortgage, thus admitting that Plaintiff was entitled to file suit. Plaintiff was not required to attach assignment to complaint. (LAMPKIN and REYES, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure