Res Judicata Sustained by Illinois Appellate Court against Deutsche Bank

In conclusion, we hold that the decision issued by the Illinois Appellate Court in Bassman merely interprets New York precedent concerning a borrower’s standing to challenge the transfer of mortgage debt into a trust under New York law.

The Second District’s decision does not provide any intervening Illinois authority as needed to create an exception to the doctrine of res judicata in this case.

Thus, the circuit court properly granted the borrowers’ section 2-619 motion to dismiss this state court action based on res judicata arising from the final judgment against the same parties in the federal district court.

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