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Contract and Assignment Must be Attached to Complaint Illinois Case Law

Is the contract and assignment attached to the complaint as required by §2-606 of Code of Civil Procedure?

735 ILCS 5/2-606 provides:

Sec. 2-606. Exhibits. If a claim or defense is founded upon a written instrument, a copy thereof, or of so much of the same as is relevant, must be attached to the pleading as an exhibit or recited therein, unless the pleader attaches to his or her pleading an affidavit stating facts showing that the instrument is not accessible to him or her. In pleading any written instrument a copy thereof may be attached to the pleading as an exhibit. In either case the exhibit constitutes a part of the pleading for all purposes.

In addition to the underlying contract, the assignment(s) showing that plaintiff has title to the claim is a document on which the action is founded. Candice Co. v. Ricketts, 281 Ill.App.3d 359, 362, 666 N.E.2d 722 (1st Dist. 1996), see also V.W. Credit, Inc. v. Alexandrescu, 13 Misc. 3d 1207A; 824 N.Y.S.2d 759 (N.Y.Civ.Ct. 2006), and MBNA America Bank, N.A. v. Nelson, 15 Misc. 3d 1148A, 841 N.Y.S.2d 826 (N.Y.Civ. Ct. 2007).

At the time the parties’ rights are determined, actual assignments sufficient to vest title to the obligation sued upon in the plaintiff must be in the record. Bayview Loan Servicing, L.L.C. v. Nelson, 5-06-0664, 2008 Ill. App. LEXIS 596, 890 N.E.2d 940 (Ill.App., 5th Dist., June 16, 2008).