Illinois court rules mortgage note buyers need a collection agency license
To build the case, the state pointed to three loans. One traced back to a 2006 home purchase; another to a Chicago homeowner whose 2007 note changed hands several times before a foreclosure that is still pending in Cook County; and a third to a Norridge homeowner whose home Axiom foreclosed on, bought at the sheriff’s sale, and cleared through an eviction order.
Axiom’s argument was clean. Enforcing your own security interest through foreclosure, it said, is not debt collection. It pointed to a US Supreme Court decision, Henson v. Santander Consumer USA Inc., which found that a company collecting debts for its own account is not a “debt collector” under the federal Fair Debt Collection Practices Act. The trial court agreed and dismissed the case with prejudice.
The appellate court reversed. It read the state Act on its own plain terms rather than borrowing the federal test, and pointed to Axiom’s own filing with the Secretary of State, which listed its purpose as “Debt collection and Debt purchasing.” On that record, the court concluded that Axiom “was required to register and acted as an unlicensed collection agency” through buying defaulted notes and foreclosing. It noted Axiom claimed no exemption under the Act.
The court conceded lawmakers may not have pictured note buyers when they wrote the law, but said any fix belongs to the legislature. The case now returns to the circuit court for further proceedings.
