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MORTGAGE ELECT. REGISTRATION v. ESTRELLA

No. 04-2078.

390 F.3d 522 (2004)

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff-Appellee, v. James O. ESTRELLA and Laura Estrella, Defendants-Appellees. Cronus Projects, LLC, Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 22, 2004.

Attorney(s) appearing for the Case

James V. Noonan (argued), Noonan & Lieberman, Chicago, IL, for Plaintiff-Appellee.

Stephen Richek (argued), Chicago, IL, for Intervenor-Appellant.

Before EASTERBROOK, MANION, and SYKES, Circuit Judges.

EASTERBROOK, Circuit Judge.

Mortgage Electronic Registration Systems (MERS) filed this suit under the diversity jurisdiction to collect $306,000 owed by James and Laura Estrella on a note secured by a mortgage. The district court ordered the property sold and, applying Illinois law, appointed a Special Commissioner to conduct an auction. MERS told the Commissioner to act as its agent, opening at $245,000 and bidding increments of $1,000 up to the amount of the debt...

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