Wells Fargo Bank, N.A. v. Rodriguez

Plaintiff filed a foreclosure complaint against the defendant seeking to foreclose on a home that was secured by a mortgage. The circuit court granted defendant’s motion to dismiss on the grounds that plaintiff’s cause of action violated the single filing rule contained in section 13-217 of the Code of Civil Procedure and plaintiff appealed. The appellate court affirmed, finding that the  complaint, which was the third complaint filed by the plaintiff, arose from the same single group of operative facts as two prior lawsuits filed by the plaintiff and sought to adjudicate the parties’ rights under the same mortgage, note, and modified loan agreement and thus was barred by section 13-217. (HOLDRIDGE and PETERSON, concurring)