Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Bank filed mortgage foreclosure action, and one Defendant filed Section 2-619 motion to dismiss for lack of standing, on grounds that bank did not produce valid assignment of note and mortgage. Court properly entered default order against that Defendant. Although Defendant had never set his motion for hearing, motion had no merit, as he failed to provide appellate court with transcript of proceedings, and it is reasonable to conclude that trial court reviewed note and mortgage attached to complaint. Illinois Mortgage Foreclosure Law does not require plaintiff to submit any specific documentation demonstrating that it owns the note or right to foreclose on mortgage, other than copy of mortgage and note attached to complaint.
(PALMER and TAYLOR, concurring.)