Civil procedure — res judicata

Posted June 23, 2021 11:58 AM

Where defendant’s continuing course of action is tortious, the continuing course creates a new cause of action, such that res judicata from a prior action does not act to bar a new suit based upon it.The 3rd District Appellate Court affirmed the decision of Kankakee County Circuit Judge Ronald J. Gerts.John Coghlan obtained a note and loan with TMS Mortgage Inc. on Nov. 30, 2007, secured by a mortgage requiring monthly installment payments up to Dec. 1, 2027. Coghlan defaulted on the mortgage and note, and in February 2011 …

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