Three filings two too many in foreclosure

By David Thomas Law Bulletin staff writer

Posted November 10, 2017 2:46 PM

A state appeals panel threw out a lawsuit brought by First Midwest Bank against a couple who defaulted on a mortgage because the financial institution dismissed and refiled its complaint too many times.Illinois Code of Civil Procedure Section 13-217 allows a plaintiff to refile its complaint within a certain period of time after voluntarily dismissing its prior complaint. But Section 13-217 only gives plaintiffs one chance to do this.From 2011 to 2015, First Midwest Bank filed and voluntarily dismissed two similarly worded …

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