Illinois Appellate Court
Civil Court
Service of Process
In a foreclosure proceeding the debtors defaulted on their residential mortgage and after several unsuccessful attempts at personal service were served via publication. The property was ultimately sold in a judicial sale to the bank and then by the bank to a third party. Subsequently the debtors filed bankruptcy and filed a petition to quash service of process of the foreclosure complaint. After additional proceedings in the trial and appellate courts the trial court dismissed the petition to quash as being barred by laches and the debtors appealed. The appellate court affirmed, finding that the defense of laches precluded the debtors’ sufficiency of service claim. (HETTEL and ALBRECHT, concurring)