Metrobank v. Cannatello

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2012 IL App (1st) 110529
Decision Date: 
Monday, January 9, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
ROCHFORD
Plaintiff bank filed mortgage foreclosure complaint, and after default and sale, court denied bank's request for personal deficiency judgment, finding that Defendant was not personally served. A personal deficiency judgment may be entered against a defendant who failed to appear in foreclosure action after abode service. "Personal service" requirement in Foreclosure Law encompasses both actual personal service upon the defendant and abode service. (HALL and KARNEZIS, concurring.)