(Court opinion corrected 8/14/20.) Plaintiff filed mortgage foreclosure complaint and served Defendant, through a special process server. Court granted Plaintiff's motion for default judgment, and court confirmed report of sheriff's sale. Seven years later, Defendant filed petition to quash service of process and vacate all orders and judgments. The affidavit of the special process server shows that substitute service of summons and complaint was made on Defendant at an address in Chicago, but does not indicate whether service was in Cook or Du Page County. Thus, the record does not affirmatively show that service took place in Cook County. Affidavit of service would lead a reasonably prudent purchaser to conclude that service was proper. Because jurisdictional defect does not affirmatively appear on face of record, Section 2-1401(e) protects bona fide purchaser's rights in the property, as well as interests of MERS and successor in interest to Plaintiff.Court properly dismissed Defendant's petition. (HUTCHINSON and JORGENSEN, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure