Barrington, IL asked in Foreclosure for Illinois

Q: I am in foreclosure and have been served with the case.

The complaint states the capacity in which the plaintiff brings this foreclosure is the Mortgage under 735 ILCS 5/15-1208. They also list the assignment recorded as n/a. Don't they have to state who the actual holder of the Note is or who the assignment is under to have Standing to bring suit? Please help

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1 Lawyer Answer
Burton A. Padove
Burton A. Padove
  • Highland, IN
  • Licensed in Illinois

A: Generally speaking that is correct. Your posting seems to indicate that there may not have been an assignment of the note. However, they still need to sue based on the note and produce the original

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