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King v. First Capital Financial Services Corp.

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 97263, 97761 cons. Rel

Docket Nos. 97263, 97761 cons.-Agenda 26-September 2004.
WILLARD J. KING, JR., et al., Appellants, v. FIRST CAPITAL
FINANCIAL SERVICES CORPORATION, d/b/a FCF Funding,
Appellee.-RICKY JENKINS et al., Appellants, v. CONCORDE
ACCEPTANCE CORPORATION et al., Appellees.
Opinion filed April 21, 2005.

JUSTICE GARMAN delivered the opinion of the court:

In these consolidated appeals from Cook County and Rock IslandCounty, plaintiff mortgagors brought actions against defendantmortgagees alleging that defendants had engaged in the unauthorizedpractice of law. Plaintiffs alleged that defendants had prepared notes,mortgages, and other documents in connection with plaintiffs'mortgage loan transactions and had unlawfully charged plaintiffs feesfor those services. Plaintiffs also alleged claims for money had andreceived and for violations of the Consumer Fraud and DeceptiveBusiness Practices Act (Consumer Fraud Act) ( 815 ILCS 505/2(West 2002)). The circuit court in the King case granted FirstCapital's section 2-615 motion to dismiss (735 ILCS 5/2-615 (West2002)) the claim for unauthorized practice of law, but denied themotion as to the other counts of the complaint. Defendants in theconsolidated cases (hereafter, the Jenkins case) filed motions todismiss under sections 2-615 and section 2-619 (735 ILCS 5/2-619(West 2002)). The motions were heard by one judge, who dismissedthe complaints after hearing on the motions.

BACKGROUND

In No. 97263, the King case, all but one of the four counts of thecomplaint contained class action claims. Count I, the individual claim,alleged that First Capital violated the federal Truth in Lending Act (15U.S.C.