Arch Bay Holdings, LLC-Series 2010B
43 N.E.3d 562
Ill. App. Ct.2016Background
- Foreclosure action filed October 15, 2010 against Perez and others, with three identical summonses that did not name Perez on the face caption.
- Perez was served by substitute service on her daughter; she did not appear.
- Judgment entered by default on September 10, 2013; property sold January 14, 2014; sale approved February 11, 2014.
- Perez filed a 2-1401 petition to quash service on July 31, 2014 alleging a facial defect in the summons under Rule 101(d).
- Trial court found the summons defective but concluded service objectives were met and dismissed the petition.
- Appellate court reverses and remands, holding the summons was invalid for failing to name Perez on its face.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the summons was facially defective and deprived the court of jurisdiction | Perez argues summons did not name her on the face, voiding jurisdiction | Arch Bay contends substantial compliance suffices | Summons invalid; lack of personal jurisdiction; remand |
Key Cases Cited
- Ohio Millers Mutual Insurance Co. v. Inter-Insurance Exchange of the Illinois Automobile Club, 367 Ill. 44 (Illinois 1937) (summons must name each defendant on its face to confer jurisdiction)
- Schorsch v. Fireside Chrysler-Plymouth, Mazda, Inc., 172 Ill. App. 3d 993 (Ill. App. 1988) (summons not issued/signed/dated; void for lack of process)
- Theodorakakis v. Kogut, 194 Ill. App. 3d 586 (Ill. App. 1990) (wrong-number trust designation can render summons invalid)
- Charter Bank & Trust of Illinois v. Novak, 218 Ill. App. 3d 548 (Ill. App. 1991) (objectives of service do not cure facial defects in summons)
- Sarkissian v. Chicago Board of Education, 201 Ill. 2d 95 (Ill. 2002) (voidness of judgment can substitute for meritorious defenses in 2-1401)
- Citimortgage, Inc. v. Cotton, 2012 IL App (1st) 102438 (Ill. App. 2012) (judgment void when personal jurisdiction lacking; 2-1401 relief available for void judgments)
- Bank of New York Mellon v. Karbowski, 2014 IL App (1st) 130112 (Ill. App. 2014) (foreclosure judgment entered without service is void)