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Deutsche Bank v. Gilbert, 2012 IL App (2d) 120164, however, is a standing case in which the defendant prevailed. Gilbert raised standing as an affirmative defense, noting that when the complaint was filed (March 10, 2008), the mortgage assignment to Deutsche Bank had not yet been executed. The assignment was signed on August 25, 2008, and the.
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Mortgage Foreclosures, Missing Promissory Notes, and the Uniform Commercial Code: A New Article. If the foreclosing bank wins the lawsuit but doesn’t have proper documentation, Fighting the Foreclosure Machine is an excellent book. Chapter 11 is very specific.
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