BankUnited National Ass’n v. Giusti

Illinois Appellate Court
Civil Court
Mortgage Foreclosure
Citation
Case Number: 
2020 IL App (2d) 190522
Decision Date: 
Monday, June 15, 2020
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
McLAREN

(Court opinion corrected 6/23/20.) Plaintiff filed mortgage foreclosure complaint. After Defendant failed to appear, court entered default judgment of foreclosure and sale. Plaintiff then bought property at a sheriff's sale, and then sold property to a corporation. More than 7 years after that sale, Defendant filed petition for relief from judgment, arguing that court did not obtain personal jurisdiction because he was served in Cook County without a court-appointed special-process server to serve in Cook County. Court properly determined that corporate purchaser's property rights were protected by Section 2-1401(e) of Code of Civil Procedure, because no jurisdictional defect as to the summons was apparent from the face of the record. Supreme Court Rule 101(d) does not require exact compliance with the summons form provided, but requires that it be substantially adopted. The special-process server's affidavit does not state whether Defendant was served in Cook or Du Page County, and thus affidavit does not establish a jurisdictional defect on its face. Corporate purchaser's mortgage lender was entitled to bona fide-purchaser status and the protections of Section 2-1401(e). (ZENOFF and HUDSON, concurring.)