Concord Air, Inc. v. Malarz

(Modified upon denial of rehearing 10/15/15.) Bank filed foreclosure action and named Plaintiff as a junior lienholder. Plaintiff defaulted, and bank purchased property at judicial sale. Title company purchased property and resold it. Service affidavits (showing personal service was unsuccessful, and service on Plaintiff was made via publication) on file in foreclosure action gave title company inquiry notice that Plaintiff's interest was not properly extinguished, and thus, complaint may not be dismissed on ground that title company was a bona fide purchaser. Service defect appears on face of record, so title company had inquiry notice of lack of personal jurisdiction over Plaintiff, and pending proceedings drew more attention to a potential defect in personal jurisdiction.(JORGENSEN and HUDSON, concurring.)