Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Court entered summary judgment for bank in foreclosure action, and confirmed sale and distribution of property of defendant homeowners. Defendants argued that all orders relating to foreclosure are void because MERS, the original plaintiff and mortgagee, operated as unregistered "debt collection agency" under Collection Agency Act. Defendants failed to set forth sufficient facts to establish that MERS is subject to Collection Agency Act, or that type of loan servicing done by MERS is equivalent to debt collection, or that inquiry is relevant as MERS is no longer plaintiff on record. (HOWSE and FITZGERALD SMITH, concurring.)