JPMorgan Chase Bank National Ass’n v. Ivanov

Illinois Appellate Court
Civil Court
Diligence of Service
Citation
Case Number: 
2014 IL App (1st) 133553
Decision Date: 
Friday, September 26, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
GORDON
(Court opinion corrected 10/7/14.) Court erred in entering order confirming sale of condominium in mortgage foreclosure action. Court failed to obtain personal jurisdiction over Defendant because Plaintiff failed to meet statutory prerequisites for service by publication under Section 2-206 of Code of Civil Procedure. Plaintiff bank failed to demonstrate well-directed effort to ascertain whereabouts of Defendant by inquiry as full as circumstances permitted. Defendant met burden of showing that he could have been found upon due inquiry, and court erred in disregarding Defendant's two affidavits as to his personal knowledge of his residence. Thus, service by publication is quashed. (PALMER and TAYLOR, concurring.)