Greenpoint Mortgage Funding, Inc. v. Poniewozik

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (1st) 132864
Decision Date: 
Monday, December 8, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CONNORS
Defendant filed Section 2-1401 Petition seeking to quash service in foreclosure proceeding. Section 15-1505.6 of Mortgage Foreclosure Law, to object to personal jurisdiction, is a procedural change in the law, and it applies retroactively. By changing deadline for when a party must move to quash service, law prescribes method of enforcing rights and directs how a suit proceeds. Waiting more than 60 days after appearing or participating in hearing causes waiver of objection to personal jurisdiction. (DELORT and HARRIS, concurring.)