Wilmington Savings Fund Society, FSB v. Barrera

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2020 IL App (2d) 190883
Decision Date: 
Monday, September 21, 2020
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Reversed and remanded.
Justice: 
HUDSON

Existing tax and insurance defaults are part of the core of operative facts of a foreclosure complaint, as they relate in time, space, and origin to the other payment defaults alleged in an ordinary foreclosure case. The current foreclosure complaint is the first refiling to include portions of the alleged defaults postdating the dismissal of the first complaint but predating the filing of the second complaint. Thus, the allegations as to the alleged defaults are not barred by the single refiling rule. It was error to dismiss the complaint, as the section 2-619 motion to dismiss did not raise a defense to the complaint as a whole or to the entirety of any specific claim. (McLAREN and ZENOFF, concurring.)