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Wells Fargo Bank, N.A., Etc v. Francine Nesbitt

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


August 8, 2011

WELLS FARGO BANK, N.A., ETC., PLAINTIFF,
v.
FRANCINE NESBITT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Mortgagor Francine Nesbitt ("Nesbitt"), a co-defendant in this mortgage foreclosure action, has filed her Answer on August 4. This memorandum order is issued sua sponte to address a fundamental problem posed by that responsive pleading.

In principal part Nesbitt challenges the standing of Wells Fargo Bank, N.A. ("Wells Fargo") to bring this action. According to the Answer, there is a gap in the chain of title that disentitles Wells Fargo from standing in the stead of original mortgagee Argent Mortgage Company, LLC. Under the circumstances, Wells Fargo's counsel is ordered to file a supplement to the original Complaint responding to that challenge on or before August 22, 2011.*fn1


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