Opinion
No. 04 C 5578.
December 8, 2004
MEMORANDUM ORDER
This mortgage foreclosure case brought by Mortgage Electronic Registration Systems, Inc. ("Systems") is pending on this Court's calendar. In this and other cases filed by Systems, this Court has operated on the premise that Systems was the owner and holder of the mortgage indebtedness, entitled to bring such a federal action on diversity of citizenship grounds. But our Court of Appeals' opinion in Mortgage Electronic Registration Systems, Inc. v. Estrella, No. 04-2078, 2004 WL 2650795, at *2 (7th Cir. Nov. 22) has disclosed that such is likely not the case. Accordingly Systems' counsel is ordered to file in this Court's chambers on or before December 20, 2004 an appropriate submission properly establishing the requisite diversity, failing which this Court will be compelled to dismiss this action for lack of subject matter jurisdiction.