Foreclosures

Res Judicata Sustained by Illinois Appellate Court against Deutsche Bank

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.

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.

Homeowner Legal Counsel:

Theodore Arthur Woerthwein

  (312) 654-0001

Woerthwein & Miller
200 West Madison St.
Suite 710
Chicago, IL 60606

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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