Elzey then brought a Century employee, John Skura ("Skura"), to Smith's home to prepare a loan application. The parties executed a mortgage loan for $44,000 at 18% interest on February 3, 1995. Smith was charged loan fees that are the subject of this dispute.
6. Century assigned its interest in the mortgage to Murray Kaplan ("Kaplan") d/b/a Layne Financial Services on the same day as the closing.
7. On March 5, 1995, Kaplan mailed Smith a Warranty Deed in Lieu of Foreclosure which Kaplan said should have been executed at the closing. Smith was instructed to sign and return the Deed to Kaplan, which she did. Smith did not seek legal counsel prior to signing the document and asserts that she did not understand that by signing the document shewas conveying her home to Century. (Exhibit C, Plaintiff's Second Amended Complaint). The Deed was recorded in Cook County on May 16, 1997.[1]
8. On November 30, 1995, Smith received a letter from Kaplan, who identified himself as an attorney, stating that Century would initiate a foreclosure action against Smith on December 5, unless Smith paid all past due payments owed to Century. (Exhibit B, Plaintiff's Second Amended Complaint).
9. Kaplan was not and is not an attorney licensed to practice in Illinois.
10. Kaplan refused to accept any partial payments from Smith and demanded that Smith pay $6,400.58 in interest and attorney fees to bring the loan current or she would be evicted. (Exhibit D, Plaintiff's Second Amended Complaint).
11. On June 10, 1997, Century filed a forcible entry and detainer