Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Plaintiff bank, as owner trustee, filed foreclosure suit against Defendants. The note attached to original complaint showed on its face that it was not indorsed to Plaintiff. Defendants made a prima facie showing of a lack of standing, and Plaintiff failed to rebut it. As assignment of debt to Plaintiff must have occurred after foreclosure complaint was filed, assignment of mortgage did not give Plaintiff the rights of a holder, and Plaintiff lacked standing at the time complaint was filed. (McLAREN and SCHOSTOK, concurring.)