Documente Academic
Documente Profesional
Documente Cultură
FOR APPELLEES:
For FITTS MANAGEMENT GROUP, INC. For ALTISOURCE SOLUTIONS, INC.
Brittany B. Kimble, Atty. Kimberly A. Jansen, Atty.
Kimble Law Offices Hinshaw & Culbertson, LLP
846 South 17th Ave. 151 North Franklin, Suite 2500
Maywood, Illinois 60153 Chicago, Illinois 60606
phone: 773.609.4529 phone: 312.704.3000
email: info@brittanykimbleesq.com email: kjansen@hinshawlaw.com
Description Page
IV. Jurisdiction 7
State Farm Mutual Automobile Ins. Co., 216 Ill. 2d 100, 129, 22
835 N.E. 2d 801, 821 (2005)
State Bank of Lake Zurich v. Thill, 113 Ill. 2d 294, 308 (1986) 24, 27
In re Marriage of Verdung, 126 Ill.2d 542, 547, 129 Ill.Dec. 53, 535 25, 26
N.E.2d 818 (1989)
Issue No. 3 Whether the trial court erred when it ruled in favor of 28
Defendants’ 2-619 motions to dismiss
Issue No. 4 Whether the trial court erred when it refused to allow 29
Plaintiff to amend its Original Complaint
Marshall v. Burger King Corp., 856 N.E.2d 1048, 1053 (Ill. 2006) 30
Johnson v. Matrix Fin. Servs. Corp., 820 N.E.2d 1094, 1105 (Ill. 30
App. Ct. 2004)
Peoples Gas Light [173 Ill.App.3d 435] & Coke Co., 117 Ill.App.3d 35
at 355-56, 72 Ill.Dec. 865, 453 N.E.2d 740
IX. Conclusion 36
The present case involves an action for wrongful eviction wherein Plaintiffs sued
for damages to person and property and violation of their civil rights. There was no
a Land Trust was never served, nor was the Legal Owner of the Land Trust, Chicago
Title Land Trust Company (“CTLTC”). Instead a mistake was made and the wrong
company was named and served (JP Morgan Chase Bank) as Trustee.
a. Issue 1: Whether the trial court erred when it failed to seriously consider
served and 2) the affidavit stating that Gregory’s teenage son Ben Groeper
was given substitute service was false, and 3) the legal owner of the
property, Trustee Chicago Title Land Trust Company (CTLTC), the trustee
b. Issue 2: Whether the trial court erred by invoking doctrines of res judicata
and collateral estoppel for the foreclosure case and it did not follow the law
c. Issue 3: Whether the trial court erred in granting 615/619 motions for the
Defendants when in fact there was no valid service on Greg Groeper, his
d. Issue 4: Whether the trial court erred when it failed to allow Plaintiffs
e. Issue 5. Whether the trial court erred when it granted the relief of a
unregistered foreign corporations and had not paid any fees, fines or
penalties for doing business in Illinois since at least the date of the
Defendants when they had broken into the Subject property, stolen,
heirlooms and unique tools of the trade necessary for Greg Groeper to
JURISDICTION
This case is appealable to the First District Court of Appeals pursuant to Illinois
Supreme Court Rule 303(a)(1) when the Circuit Court fully and finally disposed of
Plaintiffs’ case by ruling on behalf of the Defendants on all of their claims on 3-3-17
(C.160) . (Cite, Exhibit A, A.05). Plaintiffs filed a Motion to Reconsider on 4-3-17 (C.
168) which was denied on 6-14-17 (C.176) (A.10) Plaintiffs timely filed a notice of
STATEMENT OF FACTS
In December of 1999, the Groepers (Husband and Wife Gregory & Amy, wife
Church (aka United in Faith Lutheran Church) with a combination of their joint
marital assets from the sale of their previous home and a financing agreement with
PINNFUND. (C.14)
continuation of that same purchase under the direction of their real estate attorney
Carlo Palladinetti, Gregory sold his legal and equitable interest in the property into
Land Trust 601393-00, administered by American National Bank & Trust Company
of Chicago (ANBTC) as Trustee. (C.14) For some reason unknown to Gregory, his
wife Amy was not asked to divest her financial or homestead interest by any
In October 2004, in the midst of the now infamous nationwide push to get
Modern Mortgage did not inquire as to the ownership of the property and
apparently either did not do, or wholly ignored, the results of a title search which
would have shown that the property was held in trust 601393-00 at the time by
other declarations to show that Gregory’s income (because he was self employed
and there were month to month variances) was at the level they wanted to express
This resulted in a meeting with Title Services, Inc. (TSI) at their offices in
downtown Chicago as a closing agent for New Century Mortgage Corp. of California
(New Century), the purported originator and purported lender for the transaction, for
Gregory had never seen any of these documents before this meeting.
the fact that the legal and equitable title holder to the property was the trustee at the
time, LaSalle.
documents.
Gregory did not understand what the absence of references to the Land Trust or
Trustee meant.
Neither New Century nor TSI ever inquired as to the legal ownership of the
Gregory asked the TSI closing agent if his wife Amy needed to sign anything to
Gregory asked why the amount of the loan was so high, instead of just the
amount to refinance his existing balance at a lower rate. TSI’s agent told Gregory
that they had to increase the amount to include a $75,000 escrow account to pay for
property taxes; since the property was previously tax exempt under the church and
the intermediary purchaser/seller Poter never established the property as tax liable.
TSI also said they would not do anything with respect to changing the status of the
tax status with the County Assessor, but would hold those escrow funds indefinitely
until the tax status was changed and any taxes due were paid.
Gregory then indorsed the document labeled note and the document labeled
mortgage.
After signing, the TSI agent then hand wrote the phrase “a single man” near
Gregory’s name throughout the documents. Gregory asked why and was told they
were instructed to do so. Gregory asked how that applied since he was married. He
Gregory then embarked upon a long journey of trying to get the property onto the
tax rolls with the County Assessor which finally culminated in a compromise, as the
Once the process of placing the property on the tax roles with the Assessor was
accomplished, the County Assessor assessed three years of taxes (apx. $15,000)
(their stated legal limit) and TSI paid this amount from the escrow account.
Gregory spent the intervening period inquiring with OCWEN as to the escrow
account as well as the status of his purported lender New Century who by 2007 was
in bankruptcy.
OCWEN told Gregory to sign a loan modification which “would fix everything”.
Gregory submitted the illegible document via fax but it was never returned
countersigned nor did he receive any confirmation from OCWEN of it being in effect.
Gregory hired independent CPA Michael Graf and his associates to perform a
forensic analysis of the transaction. Graf et al. reported that there was fraud in the
transaction and that Gregory should demand, given New Century’s bankruptcy, who
OCWEN claimed the actual creditor was. Gregory also appointed Graf as Trustee
with Power of Attorney over his “name” and personal property beneficial interest for
Gregory called and emailed OCWEN repeatedly for several years but could not
get a straight answer. Gregory finally informed OCWEN that he was suspending all
further payments until OCWEN could prove to him that his money was going to the
proper party, not being diverted and the underlying failures were resolved.
In 2008, four years after the attempted New Century transaction, a mysterious
purchase loan appeared in the records of the Cook County Recorder of Deeds. This
alerted Gregory to the likelihood that the original purchase loan was not paid leaving
some claimed RMBS/REMIC trust. Neither Gregory nor the Successor Trustee at
the time, Chicago Title Land Trust Company, were ever served.
Century/ USBANK’s claims via certified mail by Graf et al. in 2010. Gregory
surmised that if the New Century transaction had been held in limbo for four years,
there had been no consummation in 2004, in addition to the fact that there was no
valid mortgage issued by the Trustee of the Land Trust at the time, LaSalle, and the
Gregory was eventually made aware of the case by way of hearsay unsolicited
Gregory looked into the matter at the County Court Clerk’s website to find that the
case was already in default for a foreclosure judgment and was up for approval of
sale.
From phone calls later placed by Gregory with USBANK NA’s Trust department
On September 26, 2013, Gregory’s wife Amy died intestate while retaining her
homestead and investment rights. No probate action was ever initiated in Illinois
Gregory showed up at the trial court to object for failure of service and was told it
was too late by the trial court judge to object to the proceedings and judgments
Gregory returned for the hearing and again objected to the default for lack of
service, was warned by the court that his offer to settle was ex parte and to not
make further ex parte communications, and the sale was approved over his
objections.
Gregory filed a Notice of Appeal and was given copies of the case by the clerk of
court, documents he had never seen before. Unfortunately, Gregory could not find
lease between Graf and the tenant to which Gregory was not a party or ever served.
Gregory does not believe that it applies to him and his wife or children and he was
However, since the subtenant was his sister, this appears to be an end run around
the 120 day eviction rule under the Illinois Mortgage Foreclosure Law Act (“IMFLA”)
with some five men and one woman appearing to be Cook County Sheriff Deputies.
As stated in the initial complaint (C.9), they broke down the door and assaulted
Gregory, his son and fellow appellant Alexander and Gregory’s younger son
Benjamin with open firearms drawn featuring laser pointers aimed at the family. For
These persons refused to allow the Groepers to move within the house, use their
cell phones to call attorneys or anyone, speak to each other, and refused to present
forced entry.
Once the Groepers were forcibly removed from the property ALTISOURCE and
FITTS proceeded to change locks, board up the house and refused to allow the
The instant case under appeal 16-CH-13192 (“Wrongful Eviction”) was filed and
initiated by Groeper Plaintiffs on October 6, 2016 in the Circuit Court of Illinois County
Department, Chancery Division in response to specific acts by the named and served
foreign interstate defendants and other of their privies taken against plaintiffs and their
family members and sub-tenants and their property interests and personalty beginning
Included in the initial filing of the case was a motion for an emergency temporary
restraining order (“TRO”) to stop defendants from seizing plaintiffs’ personalty until
such time that a hearing on the matter could be held and a motion for defendants to
the emergency temporary injunction and motion to show cause and instead set a
The instant lawsuit 16-CH-13192 was filed on 10-6-16 (C.9) and this subsequent
case on appeal 1-17-0864 was filed by plaintiffs in this matter on October 6, 2016 in
response to specific acts by defendants against plaintiffs, their property and their
personalty beginning on July 28, 2016 and ongoing threats against Plaintiffs to
On July 28, 2016, acting under a void court judgment and order, defendants and
1) breached the close of Illinois and the plaintiffs’ subject property and personality,
and 2) began “doing business” without authority under the statutory requirements of
the Illinois BCA (805 ILCS 5/13.05 Business Corporation Act of 1983) and without
license under Chicago Municipal Codes 4-6-16 for Debt Collectors and 4-6-190 for
Board up companies, 3) with the aid of several Cook County Sheriff Deputies 4)
acting under forged documents (see Appendix Exhibit C Sheriff FOIA Admissions),
and 5) under strong hand and at the point of guns brandished and pointed at
plaintiffs et. al., did forcibly break down the door, arrest, eject and physically
Along with the initial complaint (C.9), Plaintiffs filed for an emergency preliminary
injunction to protect their property and personalty from defendants pending a court
preliminary injunction by court order on October 12, 2016 (C.59), without any
findings of fact or conclusions of law. This Order from is nothing but “check the
boxes” and appears to be designed for filings by pro se litigants. The same order
also denied Plaintiffs’ motion for an Order to Show Cause; and instead the court set
personalty and destruction of the subject property and personalty through neglect and
arrogance against plaintiffs and said Illinois statutes and Municipal codes. Defendants,
and each of them, each a corporation foreign to Illinois, have held that they have some
presumed inherited right from some previous plaintiff in case 09-CH-49823 (Wrongful
Foreclosure case) which exempts them from being required to establish themselves
under the Illinois BCA statute, and to act thusly and “do business” in Illinois without
obeying the statute. However, at the same time, they clearly operate under separate
corporate names, namely Altisource and Fitts Management. They have never informed
After several procedural hearings, the circuit court judge, by her own claimed
discretion on the record, reinterpreted and morphed plaintiffs’ initial case filed by
into one which was a collateral attack on an underlying case regarding a (wrongful)
foreclosure under 09-CH-49823 and, yet the trial court judge refused to hear this
tenants and can be evicted [in a separate eviction proceeding]; R.72--court finds the
present lawsuit to be an attack on the foreclosure case and it is res judicata and
collateral estoppel. R.73 - Dismissal is with prejudice because court does not
believe that any claim can be made out against Defendants Fitts Management and
Altisource.
After several procedural hearings, the circuit court repeatedly denied plaintiffs’
motions to file a First Amended Complaint consistent with the judge’s alteration and
re-interpretation of the nature of the case beyond the scope of plaintiffs’ initial
complaint, thus morphing it into a different case as to how she construed it; yet in
spite of her demand that plaintiffs’ re-file under her new interpretation of the case as
case,they were continuously denied leave to file a First Amended Complaint. (Id.)
After several procedural hearings and denials to grant plaintiffs motions to file a
First Amended Complaint, on 3-3-17 the circuit court granted motions to dismiss in
favor of defendants, who remain without the attendant legal capacity or standing
Here we are, some two years after the initial action, and upon continued prodding
granted by Illinois’ statutes to “fix” their failed standing requirements and to operate
and do business in Illinois under Illinois law; yet they have refused/failed to do so
(JPMORGAN CHASE) in a case is the same as a failure to rule against the proper
party in a case, leaving the proper party free of any judgment in the case [the
passed bullet].
In the end, the trial court ruled on June 14, 2017 with a final appealable order to
dismiss against plaintiffs complaint and motion to reconsider to grant leave for a First
Plaintiffs then timely initiated this appeal. Notice of Appeal dated 4-3-17 (R.166)
The trial court judge in case 16-CH-13192 (Wrongful Eviction) specifically and on
the record stated that her interpretation of the case was that this was actually a
plaintiffs and not simply a case of challenging the lawfulness of named defendants’
actions against them and that plaintiffs had not stated such attack in their complaint
(C.72-73).
The trial court judge stated on the record that she was going to “force” [foreign]
defendants to come into court to file motions to dismiss plaintiffs’ complaint. (citation
to record) R. 25
The trial court judge in case 16-CH-13192 (Wrongful Eviction) then also stated
on the record that she would not allow such a collateral attack of a purported void
judgment from another courtroom/judge in her court and demanded that such a
judge. R.23
Against her own judicial interpretation as stated on the record to plaintiffs, the
trial court judge then denied the Groeper plaintiffs several motions for leave to
correct their complaint by way of a first amended complaint in her court stating
[words to the effect] ‘I cannot imagine’ how you would correct this in an amended
complaint. R.75.
Because the trial court judge in the instant case chose to bring up the matter of
the previous foreclosure case as being essential to the instant case, certain
elements of that case need to be presented to this appellate court for consideration.
Appellants do not attempt to provide a full review of that case here, but at the
election and discretion of this appellant panel, they may review the former case
docket and certified record on appeal here: google drive link to be provided in Reply
OCWEN, apparently paying for and controlling the attorneys (SHAPIRO and later
and falsified documents, and performed the violent taking of Groeper plaintiffs’
property and personalty, assaulting unarmed Groeper plaintiffs and family with
deadly force and threat of escalated violence and incarceration if they did not yield to
their demands.
the time of the eviction had any legal authority to stand as representatives of plaintiff
USBANK, NA, or sign for USBANK, NA with Sheriff Deputies’ paperwork, to cause
had or have any legal authority under Illinois statutes or county or city municipal
licensing ordinances to perform the business acts which they performed and
continue to perform upon the Groeper plaintiffs or the property or their personalty.
C.18.
In the Foreclosure Action, that trial court entered an Order for Possession on 6-
17-14 (C.135). However, no eviction occurred until 10-4-16, well beyond the 120
day time period permitted under the Illinois Mortgage Foreclosure Act. (735 ILCS
5/15-1701). Instead of extending the date of the foreclosure action Order for
Possession for “good cause” as the IMFL permits, Foreclosure Plaintiff US Bank
filed an action against one of the persons living at the Subject Property, Therese
Kroeker, sister to Plaintiff Gregory, and the eviction occurred under that cause of
derogation of the doctrines of Collateral Estoppel and Res Judicata, they apparently
have no qualms about ignoring Collateral Estoppel and Res Judicata when it suits
them. The Foreclosure Action gave a date for Order of Possession for 6-17-14. US
Bank never evicted in 120 days, nor sought an extension of time “for good cause.” It
would appear then, that they are subject to the doctrine of res judicata and collateral
estoppel, barring them from evicting Plaintiff Gregory or any one residing on his
property.
While the court said it could not ignore the underlying foreclosure case, Gregory
pointed out the order for eviction in that case expired as it was 173 days old and no
extension was ever sought or granted. R.19. Instead, the court switched subjects
and asked if Greg had gone to “housing court” for relief. R.19. It is not known how
“housing court” could have helped when the Kroeker case had been sealed by the
Defendant long ago, no information was available on the case and Plaintiff Gregory
found forged and altered documents with the Sheriff’s offices regarding the eviction
proceedings. (C.143). This would constitute Fraud on the Court and entitle Plaintiff
Greg to amend his complaint. However, the Trial Court wholly ignored the forged
and fraudulent documents (many documents in the Sheriff’s office files were also
now missing from the file). The Trial Court should have given Plaintiff Gregory
additional time to investigate the matter, file additional pleadings and a Cause of
there was “no possible way” Plaintiff Greg could ever plead a valid Cause of Action.
R.75. Clearly Plaintiff Gregory had found a claim against the Sheriff’s department,
and other unknown persons (law firm staff? US Bank staff?) for a claim of Fraud on
the Court. This was wholly ignored by the trial court judge who just wanted to throw
STANDARD OF REVIEW
181 IIl. 2d 512, 516, 693 N.E.2d 333, 335 (1998). Under the de novo standard,
independently. Advincula v. United Blood Servs., 176 Ill. 2d 1, 12, 678 N.E.2d 1009,
and thus contract interpretation is reviewed de novo. State Farm Mutual Automobile
Ins. Co., 216 Ill. 2d 100, 129, 835 N.E. 2d 801, 821 (2005); see also Illinois Fraternal
Order of Police Labor Council v. Town of Cicero, 301 Ill. App. 3d 323, 335, 703
N.E.2d 559, 567 (1st Dist. 1998). The application of law to undisputed facts is also
reviewed under a de novo standard. Advincula, 176 III. at 12; In re Estate of Lum,
298 Ill. App.3d 791,793, 699 N.E.2d 1049, 1050 (1st Dist. 1998).
g. Issue 1: Whether the trial court erred when it failed to seriously consider
served and 2) the affidavit stating that Gregory’s teenage son Ben Groeper
was given substitute service was false, and 3) the legal owner of the
property, Trustee Chicago Title Land Trust Company (CTLTC), the trustee
of record within the Cook County Recorder of Deeds files since 2005, was
US federal and Illinois state courts have held since time immemorial that a
challenge to personal or subject matter jurisdiction of any court or its judgments may
be heard in any [other] court, at any time, without any bar of statutory time limits or
choice of venue, because when prima facie evidence appears on the record of any
case to show the failure of a court to achieve personal or subject matter jurisdiction
over the essential parties to a case, it renders that subject court and its judgments
Court, 2nd Dist. 2-13-1146 (2014)., at ¶ 20 WSB argues that MPSI’s expired certification is
However, the weight of Illinois law is clearly to the contrary: defects in the
service of process are neither “technical” nor insubstantial.
***
¶ 24 WSB contends that the defect in service of process merely rendered the
judgments voidable, not void, […].
***
As we have said, the proposition is well established that invalid service results
in a judgment that is void for lack of personal jurisdiction. Sarkissian, 201 Ill.2d
at 109, 267 Ill.Dec. 58, 776 N.E.2d 195;State Bank of Lake Zurich v. Thill, 113 Ill.
2d 294, 308 (1986), ; see also Pennoyer v. Neff, 95 U.S. 714, 732, 24 L.Ed. 565
(1877) (“if the court has no jurisdiction over the person * * * and, consequently, no
authority to pass [judgment] upon his personal rights and obligations[,] * * * the
whole proceeding * * * is coram non judice and void“).
There is no similar support for the idea that lack of personal jurisdiction merely
renders a judgment voidable.
In this case, the issue of service and jurisdiction was pointed out to the trial court at
numerous junctures, and the trial court judge steadfastly refused to consider the issue.
In the instant case, Plaintiff argued that the court in case 09-CH-49823 did not serve
him, the affidavit of service for his son was false because his son was in high school at the
time, and the true Trustee, CTLTC was never named or served. The trial court consistently
told Plaintiff Gregory this was a collateral attack which cannot be considered in her
Amendment right that was mandatory to consider de novo at the time it was raised in her
court.
To enter a valid judgment, a Court must have both: jurisdiction over the subject
matter and personal jurisdiction over the parties. (In re Marriage of Verdung, 126
Ill.2d 542, 547, 129 Ill.Dec. 53, 535 N.E.2d 818 (1989)).
By allowing Groeper plaintiffs leave to file the attached proposed first amended
examination of the facts and law at the trial court level and initially contradict the
presumptive claims of defendants Fitts & Altisource as to the bona fide and
underlying basis (res judicata collateral estoppel and stare decisis) of their combined
requires that there be a bona fide’ actionable security instrument attached to a note
and not actionable because of lack of naming the Land Trust Trustee as the
mortgagor and lack of indorsements from the Land Trust Trustee or in the
alternative, the lack of an Assignment of Beneficial Interest from the beneficiary with
the power to direct the Trustee. Therefore, a foreclosure proceeding under IMFL is
parties.
The Trustee was a necessary party to the action and had to have been served,
because it held legal and equitable title to the Subject Property. In addition, the
Mortgage and Note was not valid without the signature and consent of the Trustee.
judicata and collateral estoppel for the foreclosure case and it did
not follow the law that void judgments may be attacked in any court
at any time.
In Illinois courts, it has long been established that the court must review the issue
of service upon all defendants and be diligent that all defendants were properly
served both in the case before it, and in any prior case where jurisdiction in that
A judgment entered by a Court without personal jurisdiction over the parties is void
and may be challenged at any time, either directly or collaterally. Verdung, 126 Ill.2d
at 547,129 Ill.Dec. 53, 535 N.E.2d 818.
In this case, the judge was told there was no service upon Plaintiff Gregory in the
wrongful foreclosure case, the service upon the son was false because the son was in high
school at the time, and the Trustee was never served, CTLTC. Through some sort of error
US Bank served JP Morgan Chase Bank, a third party stranger to the Wrongful Foreclosure
action.
In the present case, Plaintiff Gregory filed a special appearance in the Wrongful
Foreclosure and at the first hearing he told the Foreclosure court he had never been
served, to which was the response from the judge “you are too late.” The judge
should not have told Plaintiff Gregory that, he should have told him to get an attorney
and/or file a written motion. Instead, he blatantly lied to a member of the public.
A judgment is not valid unless the trial Court has both jurisdiction of the subject
matter of the litigation and jurisdiction over the parties. State Bank of Lake Zurich v.
Thill, 113 Ill. 2d 294, 308 (1986).
The Wrongful Eviction judge should have asked Plaintiff Gregory if he needed
special assistance for him and his disabled son under the ADA or Americans with
Disabilities Act. Cook County Courts should have a registry online for attorneys and
others who want to help indigent and low income people with their pleadings and in
court. This honorable appellate court should set up such a system not only at
Dorothy Brown’s online website to link up indigent/low income people with attorneys
and others willing to help out, but the same assistance should be offered at all of the
Illinois Appellate court websites. Writing an appellate brief is a daunting task even for
the most intelligent and sophisticated person. It is even more difficult for those who
are indigent and those who are suffering of old age and disabilities. Plaintiff Gregory
and disabled son Alex should have been treated a whole lot better by both the
also had a Wrongful Eviction claim due to lack of service. It is unknown at this time
noted that she questioned Plaintiff Gregory on why he dropped his appeal in the
Foreclosure case and Plaintiff Gregory replied he could not find an attorney to help
him. R.12 to R.14. Why this judge did not try to help him is unknown. Certainly
there is no level playing field between an indigent elderly man with a disabled autistic
son and a top ten bank, US Bank and their expensive lawyers.
And US Bank is not without fault either. When they failed to evict Gregory
within 120 days, they concocted a pretext case against Sister Therese Kroeker to
evict the entire family. 15 M1 724453. Why did not collateral estoppel and res
judicata apply to that case? Why could not Plaintiff Gregory get the case file he
i. Issue 3: Whether the trial court erred in granting 615/619 motions for the
foreclosure case on Greg Groeper, his son Alexander, or the correct Land
A section 2- 615 motion (735 ILCS 5/2-615) is used to test the complaint’s
legal sufficiency, a section 2-619 motion (735 ILCS 5/2-619) is used where
something outside of the litigation prevents the claim, and a section 2-1005
motion (735 ILCS 5/2-1005) is used where the facts do not support the
complaint. These motions assist to define and narrow the scope of the litigation
by determining if what the plaintiff seeks has a basis in law, whether there is a
meritorious dispute (i.e., the claim is not barred by the statute of limitations), and
In this case, as explained below, Plaintiff Gregory clearly told a story in his
complaint (C.9) of how he had been wrongfully evicted because he had not been
served, the Trust company for the Subject Property had not been served, and
how he and his adult children, one of whom was adult child Alexander Groeper, a
disabled adult with autism, had been falsely arrested by Cook County Sheriffs,
were told to call no one on their phones, were told they could not leave the
premises and were shockingly brandished with laser pointer guns at close range.
to understand is how the trial court completely missed the concept of jurisdiction
in its decision on 3-3-17 (R.160) and claimed that res judicata and collateral
estoppel applied to the case. Nothing could be further from the truth.
j. Issue 4: Whether the trial court erred when it failed to allow Plaintiffs
defense, or reply.” In other words, the pleading must contain a plain statement
to set forth and allege facts that support his or her cause of action, i.e., those
complaint is not required to set out the evidentiary facts tending to prove ultimate
and legal conclusions are not required and are technically improper.13 For
example, the plaintiff must plead the ultimate fact that the defendant struck her
with his vehicle. She is not required to plead all the facts tending to show he
struck her with his vehicle, such as the fact that the defendant has a red vehicle
and red paint was transferred to her vehicle. Obviously, it is better to plead more
facts than not enough. Illinois civil procedure reflects a modern approach to
and instead resolving the litigation on the merits.14 Section 2-603(c) of the Code
justice”. Marshall v. Burger King Corp., 856 N.E.2d 1048, 1053 (Ill. 2006);
Simpkins v. CSX Transp., Inc., 2012 IL 110662, ¶ 26, 965 N.E.2d 1092, 1099;
Johnson v. Matrix Fin. Servs. Corp., 820 N.E.2d 1094, 1105 (Ill. App. Ct.
2004). Zeh v. Wheeler, 489 N.E.2d 1342, 1348 (Ill. 1986). 186 Southern Illinois
Section 2-612 of the Code (735 ILCS 5/2-612) specifies that a pleading is
informs the opposite party of the nature of the claim or defense which he or she
opposite party of the nature of the claim, the complaint’s use of legal conclusions
and allegations of evidence are considered formal defects and not substantive
Plaintiff Gregory’s original complaint was clear, and the court understood it
in its Decision on 3-3-16 (C.138), and the Defendants understood it clearly in the
and C.170 on 5-23-17). Plaintiff Gregory repeatedly asked the court to amend his
complaint during court calls and he was repeatedly told no by the trial court
judge.
Issue 5. Whether the trial court erred when it granted the relief of a
unregistered foreign corporations and had not paid any fees, fines or
penalties for doing business in Illinois since at least the date of the
Obviously, Illinois citizens have a right to know which corporations are present in
their state and what they are doing there, and if they commit any wrongful or
tortious actions, they should be amenable to suit within Illinois. The foreign
corporation should have a place with a registered agent for service of process.
While the BCA lists in Sec. 13.75, “activities that do not constitute transacting
business”, (805 ILCS 5/13.75) the Defendants did clearly more than this. They
were involved in boarding up, packing, cleaning and other activities in the
actions of these Defendants are better described in the Proposed First Amended
storing the property of persons foreclosed upon, they are indeed “doing
business” in Illinois.
Now the trial court believed that this meant that the offending foreign
corporation had to be a Plaintiff or counter Plaintiff, but the statute does not say
which is much broader language than requiring the entity to “be a plaintiff.”
should be registered and pay its fines, fees and penalties before it obtains any
maintaining any civil action until all taxes, fees, penalties and interest are paid in
Although Defendants may believe they are entitled to appear in court and
present defenses and counterclaims—all the while not paying substantial fees to
the State of Illinois, even nearly a year after it was informed it needed to do so—it
its corporate state fees].” Henderson- Smith & Assocs, Inc. vs. Nahamani
Family Serv. Cntr., Ill. App. 3d 15, 26, 752 N.E.2d 33, 42 (1st Dist. 2001).
The trial court should not have allowed Defendants Fitts and Altisource to
file any pleadings until they registered and paid their corporate fees to the State
Responses and Replies, the trial court judge only gave refuge to corporations
which wholly flaunt the laws of the State of Illinois. She should have sanctioned
them instead.
k. Issue 6. Whether the trial court erred when it failed to issue a TRO against
Defendants when they had broken into the Subject property, stolen,
heirlooms and unique tools of the trade necessary for Greg Groeper to
based upon the fact that Defendants had participated in a scheme to remove,
destroy, vandalize and otherwise dispose of, personal property in the Subject
Property located on Dakin Street in Chicago. On 10-12-16 (C.59), the trial court
Section 11-101 of the Code of Civil Procedure (Ill.Rev.Stat.1985, ch. 110, par.
11-101) sets out the process for obtaining a temporary restraining order. If a
temporary restraining order is granted without notice to the adverse party, it expires
after 10 days and may be extended for an additional 10 days for good cause.
(Ill.Rev.Stat.1985, ch. 110, par. 11-101.) If a temporary restraining order is granted
after notice has been given to the adverse party, there is no [173 Ill.App.3d 434] time
limit on the order. Kable Printing Co. v. Mount Morris Bookbinders Union Local
65-B (1976), 63 Ill.2d 514, 521, 349 N.E.2d 36. Diamond Sav. & Loan Co. v.
Royal Glen Condominium Ass'n, 526 N.E.2d 372, 173 Ill.App.3d 431, 122 Ill.Dec.
113 (Ill. App., 1988)
94 Ill.2d 535, 541, 69 Ill.Dec. 71, 447 N.E.2d 288.) The grant of a temporary
restraining order is within the trial court's discretion and will not be disturbed absent
an abuse of that discretion. Peoples Gas Light & Coke Co.,117 Ill.App.3d at 357,
(Peoples Gas Light [173 Ill.App.3d 435] & Coke Co., 117 Ill.App.3d at 355-56, 72
Ill.Dec. 865, 453 N.E.2d 740; Jurco v. Stuart (1982), 110 Ill.App.3d 405, 408, 66
Ill.Dec. 207, 442 N.E.2d 633.) In addition, the court must find that there is no
adequate remedy at law which would deprive the equity court of jurisdiction. See
Bojangles, Inc. v. City of Elmhurst (1976), 39 Ill.App.3d 19, 349 N.E.2d 478.
Wood Products, Inc. v. Suter (1981), 97 Ill.App.3d 282, 286, 52 Ill.Dec. 744, 422
N.E.2d 953.)
In this case, the trial court was told that the Defendants had destroyed, and
where threatening to destroy in the near future, irreplaceable items belonging to the
unique tools of the trade for Gregory’s business), and Plaintiffs were clearly entitled
to a TRO. C.20 The Defendants knew or should have known that the Trial Court
Plaintiff Gregory and the true and correct Trustee, CTLTC. They either knew or
should have known their actions were highly illegal. The trial court should have
issued an injunction to stop any and all damages to the Subject Property and its
contents unless and until a proper hearing was held on the TRO.
The decision from the Trial Court to fail to protect the property of Plaintiff Gregory
was improper and the case should be remanded with instructions to issue a TRO
and Preliminary Injunction to protect the personal property of Plaintiff Gregory and
CONCLUSION
The trial court wrongfully denied the Plaintiff’s the right to file their Proposed
Amended complaint, Exhibit B, hereto. In addition, the trial court held no hearing,
was wrongful because Gregory Groeper had not been served, the correct trust
company had not been served, Chicago Title Land Trust Co. (not JP Morgan
Chase Bank, a 3rd party stranger to the Foreclosure and ownership of the
Subject Property). In addition, under the Illinois Business Corporations Act, the
the trial court should not have granted any relief for the Defendants Fitts and
Altisource, including dismissal of the instant action or the filing of any pleadings--
doing so, the trial court encourages other foreign corporations to act illegally in
Remanded to the Trial Court with instructions on each of the foregoing issues.
RESPECTFULLY SUBMITTED,
_/s/Gregory Groeper/__________
Gregory Groeper, Pro Se, Plaintiff/Appellant
_/s/Alexander Groeper/__________
Alexander Groeper, Pro Se, Plaintiff/Appellant
I hereby certify that this brief conforms to the requirements of Rules 341(a)
and (b). The length of this brief, excluding the pages containing the Rule 341(d)
cover, the Rule 341(h)(1) statement of points and authorities, the Rules 341(c)
_/s/Gregory Groeper/__________
Gregory Groeper, Pro Se, Appellant
5815 West Dakin Street
Chicago, Illinois 60634
fon: 872-230-7135
email: lawman@gmx.us
NOTICE OF FILING
I herewith certify that this Opening Brief was filed on June 13, 2018 with the
electronic filing system for the Illinois Appellate court.
_/s/Gregory Groeper/__________
Gregory Groeper, Pro Se, Appellant
5815 West Dakin Street
Chicago, Illinois 60634
fon: 872-230-7135
email: lawman@gmx.us
AND
_/s/Gregory Groeper/__________
Gregory Groeper, Pro Se, Appellant
5815 West Dakin Street
Chicago, Illinois 60634
fon: 872-230-7135
email: lawman@gmx.us
Docket sheet 1
10-6-16 GG Complaint 9
“ GG Em TRO 37
12-14-16 AG Affidavit 99
4-14-16 CO 453 tenant case Order to correct name Therese Kroeker 139
Date Page
10-12-16 1
11-16-16 29
12-22-16 36
3-3-17 50
6-14-17 78