Deutsche Bank National Trust Company v. Bodzianowski

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2016 IL App (3d) 150632
Decision Date: 
Friday, September 9, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Affirmed.
Justice: 
WRIGHT

In 2011, Plaintiff bank filed mortgage foreclosure action in federal court, where court granted borrowers' motion to dismiss with prejudice, on basis that bank lacked standing to foreclose on debt arising out of a a transfer to the Trust deemed as void by a New York state statute. In 2014, Plaintiff bank filed 2nd foreclosure action against the same borrowers in Illinois state court, where court properly dismissed action on grounds of res judicata. (SCHMIDT, concurring; HOLDRIDGE, specially concurring.)