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Saturday, November 2, 2024

Woman's foreclosure fraud case dismissed by Southern District of Illinois court

BENTON — An Illinois woman’s foreclosure fraud case was halted by the U.S. District Court for the Southern District of Illinois, according to an April 30 opinion.

U.S. District Judge Staci Yandle denied plaintiff Rochelle Quilling’s motion for leave to proceed in forma pauperis (IFP), or to proceed without paying court costs and fees, in her foreclosure fraud lawsuit against Deutsche Bank National Trust Co. and others. 

Quilling alleged she was unlawfully evicted from her home and that she lost her income because she operated a daycare out of her home. She added she was “harassed, bribed, lied to, and lied on." She requested injunctive relief after the Swansea Sewer District placed a lien on her property, which is still in effect.

Yandle explained her reasons for denying Quilling’s request.

She first pointed out that while Quilling provided enough evidence to prove her financial state - her monthly earnings are less than her monthly expenses - a federal court cannot review decisions of a state court.

Yandle further stated Quilling’s claims that the state court made a mistake when it permitted a foreclosure on her property should have been followed up in an appeals court, not the District Court.

“Quilling has not asserted claims based on federal law nor has she alleged that each of the defendants is a citizen of a state other than Illinois,” Yandle wrote.

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