(Court opinion corrected 12/22/16.) In mortgage foreclosure action, bank served process on Defendant by publication. After Defendant did not appear or answer, court entered default judgment and ordered judicial sale of Defendant's property. Court properly denied Defendant's motion to quash service, as Plaintiff complied with statutory and local rule requirements by filing affidavits establishing due inquiry and due diligence. Court properly denied as premature Defendant's Section 2-1401(f) petition to vacate, as it was filed prior to entry of order approving judicial sale. Court properly entered personal deficiency against Defendant in order approving judicial sale, as Plaintiff complied with Section 15-1508(e) of Foreclosure Law. (HALL, concurring; GORDON, specially concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure