National Collegiate Student Loan Trust 2007-2 v. Powell

Illinois Appellate Court
Civil Court
Standing
Citation
Case Number: 
2022 IL App (2d) 210191
Decision Date: 
Thursday, March 31, 2022
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Reversed and remanded.
Justice: 
JORGENSEN

Plaintiff appealed the judgment of the trial court dismissing its complaint seeking to collect a student loan debt for lack of standing, arguing that it sufficiently pleaded an enforceable contract and that defendant failed to prove the affirmative defense of lack of standing. The appellate court, in viewing the documents contained in the record, concluded that when viewed in the light most favorable to the plaintiff they established the inference that the loan at issue had been assigned to the plaintiff and that defendant did not meet his burden of establishing that plaintiff lacked standing. (BRENNAN, concurring, and McLAREN, concurring, with opinion)