U.S. Bank Trust National Association v. Junior

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2016 IL App (1st) 152109
Decision Date: 
Friday, June 24, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
REYES

Court properly approved sale of residential property in judicial foreclosure action. Defendants argued that Illinois mortgage foreclosure procedures violate due process as Foreclosure Law allows foreclosure to proceed without original documentary evidence. Supreme Court Rule 113 provides that a copy of the note, as it currently exists, including all indorsements, must be attached to mortgage foreclosure complaint at time of filing. Rule 113(b) does not require Plaintiff to provide the original note, but expressly states a copy of the note is to be attached. Thus, Rule 113(b) is consistent with Section 15-1506 of Foreclosure Law which does not expressly require original loan documents be presented, but requires copies to be filed.(LAMPKIN, concurring; GORDON, dissenting.)