Illinois Service Federal Savings and Loan Association of Chicago v. Manley

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2015 IL App (1st) 143089
Decision Date: 
Tuesday, September 29, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HYMAN
Plaintiff savings and loan company filed foreclosure action and submitted affidavit stating that process server personally served Defendant at her home. Court entered default judgment, as Defendant failed to file appearance. After property was sold, Defendant filed pro se petition to quash personal jurisdiction, claiming she was never served. Attorney for Defendant then filed amended motion to quash. Court properly struck amended motion, as Defendant failed to properly provide notice of this motion, and court properly denied Defendant's request for leave to amend motion, which was untimely filed as it was filed more than 30 days after denial of her pro se motion, and properly treated motion as a motion for reconsideration. Court properly confirmed judicial sale, as Defendant failed to corroborate by clear and convincing evidence her denial of service.(PIERCE and SIMON, concurring.)