Illinois Federal Judge Rules Credit Bureaus Can Report Your Mortgage Delinquencies Even If You Beat The Foreclosure
A federal judge in Illinois has ruled that a lender report your mortgage default to the credit bureaus. The court stated a dismissal with prejudice is a non-issue when reporting the default because the loan was still in default.
The court upheld the credit bureaus right to do so in Bauer v. Roundpoint Mortg. Servicing Corp. The Court held Bauer’s mortgage servicer had the right to report despite a court order dismissing the mortgage foreclosure with prejudice.
Bauer defaulted on his mortgage. As a result, JP Morgan Chase filed a judicial foreclosure against Bauer. Chase voluntarily dismissed the case in 2013.
JPM Chase then filed a second judicial foreclosure action against Bauer. Chase also voluntarily dismissed that case in 2015. JPM Chase then sold the mortgage to an MBS Trust with US Bank as the Trustee.
In March 2016, US Bank filed another foreclosure action against Bauer.
Bauer moved to dismiss the third Foreclosure based on Illinois’s “single filing rule.”
Under the rule, after a voluntary dismissal, a plaintiff may only commence a new action on the same cause of action within one year.
The court agreed that the rule applied and dismissed the third foreclosure with prejudice. The dismissal order said, “… Plaintiff’s complaint is dismissed with prejudice based on the single re-filing rule.”