Under Illinois law, what constitutes a lack of standing in mortgage foreclosures?
By Steve Caravajal
Real Estate Law,
March 2013
Despite the fact the “lack of standing” is one of the most often asserted defenses in foreclosure proceedings, there are only a handful of recent appellate opinions which have addressed this ubiquitous issue. This article offers a look at one of the most recent opinions, Deutsche Bank Nat’l Trust Co. v. Gilbert, and discusses the effect it is likely to have or should have in foreclosure proceedings to come.
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