In 2006, MERS, acting as nominee for original mortgage lender, filed release and satisfaction of 2006 mortgage agreement, and later recorded a certificate of error as to release and satisfaction. In 2010, MERS assigned lender's interest, and assignee then filed foreclosure complaint. Eight years later, court resolved cross-motions for summary judgment. Court properly denied Defendant's motion for judgment on the pleadings and motion for summary judgment due to the existence of material disputed facts. Court erred in granting summary judgment for lender due to existence of disputed material facts. Court's subsequent orders are thus vacated. Remanded with directions for trial court to reach the merits of Defendant's motion for leave to file a 2nd amended answer and affirmative defenses. (CARTER, concurring; HOLDRIDGE, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure