First Midwest Bank v Cobo

Hat Tip to Daniel Khwaja, Esq.
Attorney at Law
ph (312)-933-4015 

There are several points in this decision worthy of reading and digesting. The principal point interesting to me is that the court correctly decided that an action on a mortgage for nonpayment is the same thing as an action on the note for nonpayment. They are both alleging defaults on the same instrument — the promissory note.

The banks try to make a distinction particularly where they are filing a second or third or fourth lawsuit on the same deal based upon the same facts. In Illinois they have a very intelligent rule which says that if you sue and then take a voluntary dismissal, and they you sue again and take a voluntary dismissal they can’t sue a third time.

In Hawaii, the banks have brought nonsense to a whole new level…