State ex rel. Saporta v. Mortgage Electronic Registration Systems, Inc.

Illinois Appellate Court
Civil Court
Qui Tam Actions
Citation
Case Number: 
2016 IL App (3d) 150336
Decision Date: 
Monday, December 19, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
McDADE

Plaintiff attorney filed a qui tam action against MERS and unnamed defendants, alleging that Defendants knowingly made false statements in certain mortgage documents to avoid paying millions of dollars in mortgage assignment fees to State's counties. State can file a motion to dismiss at any time during life of action, even if State has elected not to take over the action. Attorney General (AG) has a conflict of interest in a case only if AG is interested in case as a private person, or if AG is a party to action. (CARTER and WRIGHT, concurring.)