Dismissed but Not Excused

The Second District of the Illinois Appellate Court’s 2021 ruling in Bank of NY Mellon v. Dubrovay represents a departure from First District and Illinois Supreme Court precedent by enabling mortgage lenders to accelerate and decelerate a homeowner’s mortgage obligation at will by taking an endless number of voluntary dismissals, coming back orders of magnitude stronger, and refiling an endless number of lawsuits.

In Stephen T. Saporta’s and Christy Jepson’s November Illinois Bar Journal article, “Dismissed but Not Excused,” the authors show how Dubrovay provides plaintiffs with a roadmap to get around the Illinois Supreme Court’s application of the single refiling rule in mortgage foreclosure cases. Defense attorneys also have options in anticipation of Dubrovay applications.

Read the Illinois Bar Journal article, "Dismissed but Not Excused."