Illinois Foreclosure Attorney Andy Miofsky
Helping You Stay In Your Home
Your Rights

Are You Being Sued By The Right Party?

Ok, the process server visited your house and left you a Summons and Complaint for foreclosure.  Now what the heck do you do?

The first thing you want to check is whether the company suing you actually owns your mortgage.  That may seem like a simple no-brainer, but I find case after case where the loan is originated by one company and another company files the foreclosure.  The right to file the lawsuit is called "standing".  Does the plaintiff have standing to file the lawsuit against you?

I typically file a motion to dismiss because the plaintiff does not have a proper assignment of the mortgage from the original lender.

These Judges Got It Right

The 5th District Appellate Court sits in Mt. Vernon IL and hears appeals of cases throughout Southern Illinois.  On June 16, 2008, the Judges issued a decision in Bayview Loan Servicing L.L.C. vs. Jeffrey Eden Nelson, holding that plaintiff Bayview did not have standing to file the foreclosure case because it did not have an assignment of the mortgage from the original lender.  The lower court granted Bayview a judgment of foreclosure and ordered a sale of the property.  The homeowner appealed and argued that Bayview failed to establish that it held the mortgage.  Justice Stewart, joined in a unanimous opinion by Justice Goldenhersh and Justice Spomer, called Bayview a stranger to the mortgage and overturned the foreclosure and sale.

The case will be published and I will update this message with a case citation.  In the meantime, click this link to read the actual case decision overturning the foreclosure.

You Have The Right To Fight Back - Use It

                                    ANDY MIOFSKY  618/931-1313

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