U.S. Bank v. Laskowski

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Case Number: 
2019 IL App (1st) 181627
Decision Date: 
Tuesday, July 16, 2019
1st Dist.
Cook Co., 2d Div,

In mortgage foreclosure action, Plaintiff bank sought a deficiency judgment solely against Defendant Laskowski, an individual whose loan was secured by a mortgage on residential property. TheĀ  LLC (of which Laskowski was the sole member) to whom Laskowski purported to grant an equitable interest in the property by recorded Memorandum of Equitable Interest, was not a party against whom personal liability is asserted, and is not a mortgagor.Thus, Plaintiff bank was not required to serve process on LLC and court properly dismissed its Section 2-1401 petition to quash service and vacate the default judgment. As a bona fide purchaser had already purchased the property, LLC cannot collaterally attack foreclosure judgment.(PUCINSKI and MASON, concurring.)