Federal National Mortgage Ass’n v. Altamirano

Illinois Appellate Court
Civil Court
Foreclosure
Citation
Case Number: 
2020 IL App (2d) 190198
Decision Date: 
Monday, August 31, 2020
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Affirmed.
Justice: 
HUDSON

Respondent Fannie Mae filed mortgage foreclosure action; court entered default judgment and Fannie Mae purchased the property at judicial sale. Six years later, Petitioners filed section 2-1401 petition alleging judgment of foreclosure was void, as they were not named in caption to summons, and thus court had no personal jurisdiction over them. Petitioners are estopped from asserting judgment was invalid by their lack of diligence and resulting prejudice to subsequent purchasers.(BIRKETT and BRENNAN, concurring.)