U.S. Bank Trust National Association v. Lopez

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2017 IL App (2d) 160967
Decision Date: 
Tuesday, November 14, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Reversed and vacated; action dismissed.
Justice: 
BURKE

Plaintiff bank, as owner trustee, filed foreclosure suit against Defendants. The note attached to original complaint showed on its face that it was not indorsed to Plaintiff. Defendants made a prima facie showing of a lack of standing, and Plaintiff failed to rebut it. As assignment of debt to Plaintiff must have occurred after foreclosure complaint was filed, assignment of mortgage did not give Plaintiff the rights of a holder, and Plaintiff lacked standing at the time complaint was filed. (McLAREN and SCHOSTOK, concurring.)