Plaintiff filed mortgage foreclosure action, and Defendants were served. Court entered default judgment of foreclosure and property was sold through a sheriff's sale, and court confirmed the report of sale. More than 8 years after foreclosure action was filed, Defendants filed petition for relief from void judgment, arguing that because Defendants were not properly named on face of the summons, court lacked personal jurisdiction. Defendant DeGomez's name appeared in the caption on summons, and the absence of her name following "To Defendant" did not defeat personal jurisdiction over her. Summons failed to name Defendant Trujillo on its face and thus was no summons at all. However, laches bars her claim for possession, use and occupancy, and her claim for restitution is not cognizable in a section 2-1401 action. (BRIDGES and JORGENSEN, concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure