West Suburban Bank v. Advantage Financial Partners, LLC

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2014 IL App (2d) 131146
Decision Date: 
Monday, November 17, 2014
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed and remanded.
Justice: 
SCHOSTOK
A private detective agency must be properly licensed before it may act as special process server, and if it was not, then service was improper and court properly granted Section 2-1401 motion for relief from judgment, and set aside foreclosure judgments as void for lack of personal jurisdiction. Defense of laches inapplicable, as bank failed to show material prejudice. (JORGENSEN, concurring.; BIRKETT, specially concurring.)