Cogswell v. CitiFinancial Mortg. Co., Inc.

SYKES, Circuit Judge.

CitiFinancial Mortgage assigned its interest in a mortgage to two investors— doing business as “The Patrick Group”— but never delivered the original or a copy of the underlying note. When The Patrick Group tried to foreclose on the mortgage in Illinois state court, its action was dismissed because it could not produce the note. After an unsuccessful appeal, The Patrick Group filed this breach-of-contract lawsuit against CitiFinancial. The suit was removed to federal court, and the district court granted summary judgment in favor of CitiFinancial.

We reverse. The district…