Wells Fargo Bank, N.A. v. Norris

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2017 IL App (3d) 150764
Decision Date: 
Monday, July 3, 2017
District: 
3d Dist.
Division/County: 
Rock Island Co.
Holding: 
Affirmed.
Justice: 
CARTER

Bank filed foreclosure action, and court granted summary judgment for bank. Preperty was then sold at foreclosure sale which court confirmed.  The single refiling rule (Section 13-217 of Code of Civil Procedure) is not intended to permit multiple refilings of same cause of action, but to permit one refiling of a claim, even if applicable statute of limitations has not expired. The 2010 foreclosure case was not a refiling of the 2008 foreclosure case, as operative facts of 2 cases are substantially different.  The mortgage foreclosure complaint here (2012 case) is the first and only refiling of the 2008 case), and the single refiling rule was not violated.(McDADE and SCHMIDT, concurring.)