United Central Bank v. KMWC 845, LLC

Dist. Ct. did not err in granting defendants’ motion for summary judgment in plaintiff-bank’s action seeking to foreclose on mortgage where defendants had defaulted on underlying note. Record showed that plaintiff had previously filed action on two occasions against defendants to recover on instant note and had voluntarily dismissed both actions, and thus plaintiff was barred from filing instant action where it could not enforce underlying promissory note under Illinois “single re-filing” rule as set forth in 735 ILCS 5/13-217. Ct. found that plaintiff had waived any argument that Wisconsin law applied to instant action where it had failed to raise said argument in Dist. Ct. Moreover, Ct. held that plaintiff could not get around single re-filing rule by arguing that instant action was different from prior actions seeking to enforce promissory note.