Court granted Defendant homeowners' motion to dismiss bank's mortgage foreclosure action for violating the single-refiling rule of section 13-217 of Code of Civil Procedure. After Defendants defaulted by failing to make a 2008 payment, bank sent them a notice demanding payment advising they could cure default by paying total amount due within 30 days, which Defendants failed to do. Bank then accelerated the note and filed suit. Bank later filed an action which arises from the same set of operative facts as prior suits, because bank accelerated the note no later than the date it filed 2nd action, Defendants never made any payments after their default, underlying note and mortgage never changed, note was never reinstated, and bank sought the same principal amount in prior filings which it voluntarily dismissed. (ROCHFORD and DELORT, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure