MB Financial Bank, N.A. v. Ted & Paul

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 122077
Decision Date: 
May 2, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Justice: 
FITZGERALD SMITH
Holding: 
Reversed and remanded.
Default judgment entered in mortgage foreclosure action, and commercial property was sold to a third party and confirmed by court order. Court improperly denied property owners/defendants' petition for relief from judgment, as factual question exists as to whether LLC mortgagor was properly served through its corporate agent or officer, and thus whether court lacked personal jurisdiction over LLC. A judgment entered without jurisdiction over the parties is void ab initio, and this principle cannot be overcome, even if property had been sold twice since judgment. (LAVIN and PUCINSKI, concurring.)