Deephaven Mortgage LLC v. Jones

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2020 IL App (1st) 191468
Decision Date: 
Friday, December 4, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
REYES

In mortgage foreclosure action, Plaintiff served process on Defendant by publication. Defendant failed to appear or answer, and court entered default judgment and ordered a judicial sale. The day after the sale was confirmed Defendant filed motion to quash service. Court properly denied motion to quash. Defendant's affidavit to challenge service is insufficient under Rule 191(a), and thus no foundation has been laid for the documents referenced in the affidavit and some of the documents were not properly authenticated. Plaintiff established due diligence in attempts to find Defendant and to serve her personally, and in making inquiry into Defendant's whereabouts. (HALL and LAMPKIN, concurring.)