Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Plaintiff bank filed foreclosure action, but court granted summary judgment, finding that Plaintiff lacked standing. As a defense to Plaintiff's 2nd attempt to foreclose Defendants filed motion to dismiss on grounds that the previous decision bars the 2nd action. The current action does not arise from the same operative facts as the 1st action. Defendants' defaults subsequent to the 1st action bar the application of res judicata. Defendants failed to present evidence to create a genuine issue of material fact as to their claim that the assignment of mortgage and note was fraudulent. (DAUGHERITY and HOLDRIDGE, concurring.)