Service of process on Defendant in Cook County foreclosure action was improper, as no order was entered appointing a special process server. Thus, court lacked personal jurisdiction over Defendant, and judgment was void. However, jurisdictional defect does not affirmatively appear on face of the record. Service lists and affidavits of service would lead a reasonably prudent purchaser to conclude that service took place in DuPage County, thus permitting service by special process server without appointment by court. Thus, no basis in record to conclude that third-party purchasers, who purchased property later at sheriff's sale, were anything but bona fide purchasers under Section 2-1401(e) of Code of Civil Procedure, and their rights to the property were thus protected.(McLAREN and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure