![]() ![]() “Where a reasonable person could draw divergent inferences from undisputed facts, summary judgment should be denied.” Id. Liberty Mutual Insurance Co., 154 Ill.2d 90, 102, 180 Ill.Dec. Summary judgment is a drastic measure and should only be granted when the moving party's right to judgment is “clear and free from doubt.” Outboard Marine Corp. ¶ 14 Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2–1005(c) (West 2010).The mere fact that a copy of the note is attached to the complaint is itself prima facie evidence that the plaintiff owns the note. 294, 809 N.E.2d 1240 (2004) Mortgage Electronic Registration Systems, Inc. It is not the plaintiff's burden to prove it does have standing. Gottlieb Memorial Hospital, 237 Ill.2d 217, 252, 341 Ill.Dec. Standing is an affirmative defense and, as such, it is the defendant's burden to prove that the plaintiff does not have standing. The standards applicable to standing in a foreclosure case are well settled. We examine it under both characterizations. While defendants frame the lack of production under the rubric of standing, it is really a discovery dispute. Defendants did renew the same request later, however. Discovery requests do not belong in the middle of answers, and the court struck the request anyway. Preliminarily, we note that Parkway was free to ignore the document request which defendants slid into their answer. ¶ 24 The second part of this argument, dealing with production of the original notes, is more complicated. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |