U.S. Bank Trust National Association v. Hernandez

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2017 IL App (2d) 160850
Decision Date: 
Thursday, October 12, 2017
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Vacated and remanded.
Justice: 
BIRKETT

Court erred in entering summary judgment in favor of plaintiff bank on its mortgage foreclosure complaint. Plaintiff's standing was established as a matter of law, but material questions of fact remain on whether Plaintiff complied with Section 203.604 of Code of Federal Regulations. Plaintiff sent Defendant, via Federal Express, a letter offering a face-to-face meeting. Tracking number on shipping label is not conclusive proof that letter was sent. (HUDSON, concurring; SCHOSTOK, specially concurring.)