PNC Bank, National Ass’n v. Kusmierz

Illinois Appellate Court
Civil Court
Foreclosures
Citation
Case Number: 
2020 IL App (2d) 190521
Decision Date: 
Friday, August 28, 2020
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
JORGENSEN

Plaintiff bank filed foreclosure complaint; court entered default judgment and property was sold at judicial sale. Six years later, Defendants filed petition for relief from void judgment, arguing that they were not properly served and thus court lacked personal jurisdiction over them. Court properly granted Bank's motion to dismiss on basis of laches.Defendants' unreasonable delay in filing complaint allowed them to increase the damages they could claim and resulted in property's transfer to bona fide purchasers, resulting in prejudice to Bank.  (McLAREN adn BRIDGES, concurring.)