Milam v. Selene Finance LP

Plaintiff filed a lawsuit in federal court against her home mortgage loan servicer, alleging violated of the Fair Debt Collection Practices Act and Illinois law. The district court dismissed the claims, finding that the defendant was the lender’s assignee and was entitled under the original mortgage to notice and an opportunity to cure before plaintiff could file a lawsuit. The Seventh Circuit reversed and remanded, finding that the complaint did not resolve the question of whether the defendant was an assignee under Illinois law and remanded to the district court for further proceedings. (EASTERBROOK and ROVNER, concurring)