United States Seventh Circuit

In plaintiff's suit against defendant-commercial landlord and a mortgagor claiming that plaintiff-mortgage servicer is contractually entitled to money the defendant received from its tenant for unpaid rent in the settlement of a suit, district court's dismissal of the suit is reversed with directions to enter judgment for defendants where: 1) the servicer can sue in its own name as the suit relates to a loan that it's servicing, and even if the servicer is not a real party in interest in this case, there is still no need to dismiss under Rule 17(a)(3); and 2) there has been no event that could trigger the tenant's liability under the SNDA as defendant has continued to make its monthly mortgage payments in full.

Appellate Information

• Argued 05/24/2010
• Decided 06/29/2010
• Published 06/29/2010

Judges

• POSNER, J.

Court

• United States Seventh Circuit

Counsel