Justice JORGENSEN delivered the judgment of the court, with opinion.
¶ 1 Defendant, Wayne Canale, the property owner in a foreclosure action, appeals after the trial court confirmed the judicial sale of the property at issue. He asserts that, because plaintiff, Nationstar Mortgage, LLC, failed to comply with the statutory pleading requirements for a foreclosure action (see 735 ILCS 5/15-1504(a) (West 2010)), the trial court lacked subject matter jurisdiction to enter a foreclosure judgment for plaintiff. We disagree, and thus we affirm.
¶ 3 Plaintiff filed a foreclosure complaint relating to the property at 5S365 Vest Avenue, Naperville, on September 8, 2011. It made defendant a defendant as the property owner and borrower and alleged that he was in default on the note at issue. It also named two banks — RBS Citizens, N.A. (RBS), and SBM Charter One Bank, N.A. (SBM) — and unknown owners and nonrecord claimants. The complaint stated that the "mortgagee, trustee or grantee in the Mortgage" was Mortgage Electronic Registration Systems, Inc., as nominee for Silver Mortgage Bancorp, Inc. The attached mortgage was consistent with that allegation. Plaintiff stated that the capacity in which it brought the action was "mortgagee and holder of the note." However, the attached note showed a single endorsement, from Silver Mortgage Bancorp, Inc., to Ohio Savings Bank (OSB), "ITS SUCCESSORS AND/OR ASSIGNS." Also part of the record is a mortgage modification agreement between defendant and Amtrust Bank (Amtrust).
¶ 4 RBS and SBM appeared and answered. Defendant did neither. Plaintiff moved for summary judgment against the banks and default judgment against defendant.
¶ 5 On June 5, 2012, the court entered a judgment of foreclosure in favor of plaintiff, i.e., it entered judgment for $107,466.04 in favor of plaintiff and ordered
¶ 6 Plaintiff moved to confirm the sale. Defendant appeared pro se and filed an objection. His objection included the assertions that he had been present at the sale and that no public offering of the property had occurred. The court confirmed the sale on April 4, 2013. On May 3, 2013, defendant moved to vacate the confirmation, arguing that a slight delay in his arrival in the courtroom resulted in his inability to argue his objection. However, for the first time, he also asserted, on information and belief, that the original mortgagee had never properly assigned the note and mortgage to plaintiff and that plaintiff was asserting rights "without showing whether any proper assignment occurred between [the known earlier owners of the note and mortgage] over time." He described this as an issue of standing.
¶ 7 The court denied the motion, ruling that defendant had forfeited the standing issue by failing to file an answer. Defendant timely appealed.
¶ 9 On appeal, defendant concedes that, in Lebron v. Gottlieb Memorial Hospital, 237 Ill.2d 217, 252-53, 341 Ill.Dec. 381, 930 N.E.2d 895 (2010), the supreme court held that a lack of standing is an affirmative defense, which the defendant forfeits if he does not timely plead. However, defendant asserts that, in a foreclosure action, standing must be pleaded by the plaintiff. Specifically, under the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1101 et seq. (West 2010)), the plaintiff must allege the "[c]apacity in which [the] plaintiff brings this foreclosure," i.e., "the legal holder of the indebtedness, a pledgee, an agent, the trustee under a trust deed or otherwise." 735 ILCS 5/15-1504(a)(3)(N) (West 2010). Noting that plaintiff's allegation that it was the "mortgagee and holder of the note" was unsupported (if not refuted) by the attached mortgage and note, defendant concludes that plaintiff failed to plead its standing and that the resulting judgment was void for lack of subject matter jurisdiction, a defect that cannot be forfeited (Lebron, 237 Ill.2d at 252, 341 Ill.Dec. 381, 930 N.E.2d 895).
¶ 10 In Deutsche Bank National Trust Co. v. Gilbert, 2012 IL App (2d) 120164, ¶ 16, 367 Ill.Dec. 665, 982 N.E.2d 815, the defendant likewise argued that the Illinois Mortgage Foreclosure Law shifted to the plaintiff the burden to plead and prove standing. We were not required to resolve that issue, "because even if [the defendant] bore the burden of showing that [the plaintiff] lacked standing, he met that burden." Id. We need not resolve the issue here either. Here, even if plaintiff had the burden to plead its standing, and even if it failed to do so, its failure to do so did not deprive the trial court of subject matter jurisdiction.
¶ 11 Defendant relies almost exclusively on City National Bank of Hoopeston v. Langley, 161 Ill.App.3d 266, 112 Ill.Dec. 845, 514 N.E.2d 508 (1987), which does tend to support his contention. There, sua sponte, the appellate court deemed it "necessary to address the trial court's subject-matter jurisdiction based upon the short form statutory complaint for foreclosure." Id. at 275, 112 Ill.Dec. 845, 514 N.E.2d 508. The court observed that the plaintiff was statutorily required to "attach a copy of the mortgage and a copy of the note secured thereby." Id. at 276, 112 Ill.Dec. 845, 514 N.E.2d 508 (citing Ill.Rev.Stat. 1983, ch. 110, ¶ 15-108(2) (now 735 ILCS 5/15-1504(a)(2) (West 2010))). Noting that the plaintiff, in violation of that requirement,
¶ 12 The difficulty is that Langley rests on a defunct view of subject matter jurisdiction. In Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., 199 Ill.2d 325, 264 Ill.Dec. 283, 770 N.E.2d 177 (2002), the supreme court explained that, under the Illinois Constitution of 1870, "in cases involving purely statutory causes of action, * * * unless the statutory requirements were satisfied, a court lacked jurisdiction to grant the relief requested." Id. at 336-37, 264 Ill.Dec. 283, 770 N.E.2d 177. However, under our present constitution, "[w]ith the exception of the circuit court's power to review administrative action, which is conferred by statute, a circuit court's subject matter jurisdiction is conferred entirely by our state constitution." Id. at 334, 264 Ill.Dec. 283, 770 N.E.2d 177. That jurisdiction extends to all "`justiciable matters.'" Id. (quoting Ill. Const. 1970, art. VI, § 9). "Thus, in order to invoke the subject matter jurisdiction of the circuit court, a plaintiff's case, as framed by the complaint or petition, must [merely] present a justiciable matter." Id. Although the plaintiff's pleadings thus are pertinent, "[s]ubject matter jurisdiction does not depend upon the legal sufficiency of the pleadings." Id. at 340, 264 Ill.Dec. 283, 770 N.E.2d 177. "Indeed, even a defectively stated claim is sufficient to invoke the court's subject matter jurisdiction * * *." In re Luis R., 239 Ill.2d 295, 301, 346 Ill.Dec. 578, 941 N.E.2d 136 (2010). "[T]he only consideration is whether the alleged claim falls within the general class of cases that the court has the inherent power to hear and determine. If it does, then subject matter jurisdiction is present." (Emphasis in original.) Id.
¶ 13 In Belleville Toyota, the supreme court went on the explain the practical importance of this broad view of subject matter jurisdiction:
¶ 14 In Langley, the appellate court equated the plaintiff's violation of the statutory requirements for a foreclosure action with the trial court's lack of subject matter jurisdiction. See also Mortgage Electronic Registration Systems, Inc. v. Barnes, 406 Ill.App.3d 1, 6, 346 Ill.Dec. 118, 940 N.E.2d 118 (2010) (suggesting that trial court had jurisdiction of foreclosure action because complaint "was legally and factually sufficient and included allegations relative to standing"). This equation is error. Those requirements might go to the complaint's legal sufficiency, but they do not pertain to the court's subject matter jurisdiction.
¶ 15 A different outcome is not required by the fact that the purported defect in plaintiff's claim was plaintiff's failure to plead its standing. To be sure, the supreme court has stated that standing is "an element of justiciability." People v. Greco, 204 Ill.2d 400, 409, 274 Ill.Dec. 73, 790 N.E.2d 846 (2003). This is not to say, however, that a plaintiff who lacks standing cannot assert a "justiciable matter." Indeed, if such were the case, the plaintiff's lack of standing would itself defeat the trial court's subject matter jurisdiction, and the defendant could not forfeit the lack of standing. Cf. Lebron, 237 Ill.2d at 252-53, 341 Ill.Dec. 381, 930 N.E.2d 895. Thus, though standing might be "an element of justiciability" (Greco, 204 Ill.2d at 409, 274 Ill.Dec. 73, 790 N.E.2d 846), it is not a requirement for a "justiciable matter."
¶ 16 An Ohio appellate court has explored this nuance. In Deutsche Bank National Trust Co. v. Finney, 2013-Ohio-4884, 2013 WL 5963079, appeal allowed, 138 Ohio St.3d 1447, 2014-Ohio-1182, 5 N.E.3d 666, on facts substantially identical to these, the defendants asserted that "the trial court lacked subject-matter jurisdiction to enter the default judgment because [the plaintiff] did not demonstrate that it had standing as the real party in interest at the time it filed the foreclosure action." Id. ¶ 12. The appellate court observed that, like in Illinois, the Ohio Constitution grants trial courts jurisdiction "`over all justiciable matters.'" Id. ¶ 22 (quoting OH Const. art. IV, § 4(B)). The court further noted that, as the defendants argued, "a legal action filed by a party who lacks standing is not justiciable." Id. ¶ 23. However, the court rejected the defendants' conclusion that the lack of this "justiciability" resulted in a lack of subject matter jurisdiction:
Thus, the court accepted the plaintiff's argument that, whereas subject matter jurisdiction exists as long as "the matter alleged is within the class of cases in which a particular court has been empowered to act" (id. ¶ 18), "justiciability" implicates only a different type of jurisdiction, "`the trial court's authority to determine a specific case within that class of cases that is within its subject matter jurisdiction. It is only when the trial court lacks subject matter jurisdiction that its judgment is void; lack of jurisdiction over the particular case merely renders the judgment
¶ 17 Although Ohio's view of jurisdiction might not be a perfect analogue of our own, Finney strongly supports our conclusion that a plaintiff's standing, though "an element of justiciability" (Greco, 204 Ill.2d at 409, 274 Ill.Dec. 73, 790 N.E.2d 846), is not an element of the trial court's subject matter jurisdiction. Again, the latter requires only a "justiciable matter," which a foreclosure clearly is. Thus, here, the trial court's judgment was not void.
¶ 18 In sum, we reject the precise argument that defendant raises: that plaintiff's failure to plead its standing, assuming that it had the burden to do so, deprived the trial court of subject matter jurisdiction and thus rendered the foreclosure judgment void. Again, even if plaintiff lacked standing, it presented a "justiciable matter," as a foreclosure case "falls within the general class of cases that the court has the inherent power to hear and determine" (Luis R., 239 Ill.2d at 301, 346 Ill.Dec. 578, 941 N.E.2d 136). Thus, the trial court had subject matter jurisdiction. We note, however, that we do not hold that plaintiff had standing. Indeed, in light of the apparent discrepancy between plaintiff's complaint and the attached documents, plaintiff's standing is much in doubt. See Gilbert, 2012 IL App (2d) 120164, ¶ 17, 367 Ill.Dec. 665, 982 N.E.2d 815 ("[The plaintiff's] name does not appear on either of these documents. Thus, the documents attached to the complaint contradict [the plaintiff's] allegation that it was `the mortgagee' and support [the defendant's] argument that [the plaintiff] did not have an interest in the mortgage that would confer standing."). Nevertheless, as noted, defendant conditions our reaching the merits of that issue on his assertion that plaintiff's lack of standing deprived the trial court of subject matter jurisdiction. Because that assertion is not correct, we do not reach the merits of the standing issue.
¶ 19 Defendant does not provide a convincing alternative argument as to why we should reach the merits of that issue. He says only that, "should this court not find the judgment(s) below void, [he] respectfully request[s that] this Court address the issue of standing of Plaintiff pursuant to considerations of substantial justice, plain error and/or public importance." He cites two cases for the boilerplate proposition that we may ignore a forfeiture as necessary to ensure a just result. See, e.g., In re Marriage of Rodriguez, 131 Ill.2d 273, 279, 137 Ill.Dec. 78, 545 N.E.2d 731 (1989). In this context, however, that proposition is not applicable. Although after a judicial sale a court may vacate a default judgment of foreclosure if "justice was otherwise not done" (735 ILCS 5/15-1508(b)(iv) (West 2010)), that provision "merely codif[ied] the long-standing discretion of the courts of equity to refuse to confirm a judicial sale" (Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469, ¶ 19, 376 Ill.Dec. 438, 999 N.E.2d 321). That discretion is "`not a mere arbitrary discretion but must be exercised in accordance with established principles of law.'" Id. (quoting Shultz v. Milburn, 366 Ill. 400, 403, 9 N.E.2d 199 (1937)). Specifically, it may not be invoked "merely to protect an interested party `against the result of his own negligence.'" Id. (quoting Shultz, 366 Ill. at 405, 9 N.E.2d 199). Thus, once the plaintiff moves to confirm the sale:
Thus, here, we may not reach defendant's standing issue merely in the interest of achieving a just result. Rather, defendant must satisfy the standard of "justice" under section 15-1508(b)(iv). He has not attempted to do so.
¶ 21 For the reasons stated, the judgment of the circuit court of Du Page County is affirmed.
¶ 22 Affirmed.
Justices McLAREN and HUDSON concurred in the judgment and opinion.