Bob Slobig rescues a client's business from the claims of its former landlord.
Our clients, homeowners, were sued under the Illinois Mortgage Foreclosure Law, but the plaintiff failed to show that it owned the original promissory note and mortgage. A DuPage County trial court judge was unconcerned about that issue and entered summary judgment for the plaintiff. Bob Slobig then took over the case and obtained a stay of the judgment pending the appeal. This allowed our clients to remain in their home while the appeal was contested. Then Jim Genden and Bob successfully briefed the case in the Appellate Court, which reversed the judgment in April 2011. The Court ruled that there were material questions regarding the authenticity and ownership of the note and the assignment relied upon by the plaintiff, and remanded the case to the trial court for further proceedings. The case brings Illinois in line with a national trend requiring mortgage foreclosure plaintiffs to produce the actual mortgage and assignment which prove their standing to pursue the claim.