Deutsche Bank National Trust Compnay v. Iordanov

Court entered order approving sale of property in foreclosure action. As Defendant failed to timely raise Plaintiff's lack of standing as an affirmative defense in response to either the complaint or the amended complaint, court properly approved sale. Lack of standing is an affirmative defense that defendant alone has burden to plead and prove.Plaintiff sufficiently set for its capacity in bringing a cause of action under Foreclosure Law, by alleging in both complaints that it was the mortgagee under Section 15-1208 of Foreclosure Law.(LAMPKIN and BURKE, concurring.)