Deutsche Bank National Trust Company v. Hall-Pilate
2011 IL App (1st) 102632
| Ill. App. Ct. | 2011Background
- Mortgage foreclosure action against Carolyn A. Hall-Pilate and John J. Pilate in Cook County, Illinois.
- Special process server swore John Pilate was served for himself and substitute service for Hall-Pilate at 1227 East 169th Street.
- Plaintiff obtained default judgment after defendants failed to appear or plead; sale of the property occurred.
- Defendants later filed an emergency motion to stay the sale and a motion to quash service alleging Pilate was out of state.
- Trial court denied the motion to stay; sale was approved and possession ordered; later, defendants filed a motion to quash service and a motion to reconsider.
- Appellate court held that defendants waived jurisdictional objections by proceeding in the case and seeking relief before final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the emergency stay motion waived jurisdictional objections. | Deutsche Bank argues waiver via 2-301(a-5) because emergency stay acknowledged court’s jurisdiction. | Pilate/Hall-Pilate contend no waiver since no timely 2-301 challenge filed. | Waiver; emergency stay constituted a waiver of jurisdictional objections. |
| Whether defendants properly preserved the jurisdiction challenge under 2-301(a). | Plaintiff asserts defendants failed to file a 2-301 motion prior to final judgment. | Defendants argue absence of pre-judgment filing preserves error. | Defendants waived jurisdiction by not raising 2-301 objections earlier and by appearing. |
Key Cases Cited
- Sarkissian v. Chicago Board of Education, 201 Ill. 2d 95 (2002) (voidness rule for 2-1401 petition; no meritorious defense needed for voidness grounds)
- In re Marriage of Verdung, 126 Ill. 2d 542 (1989) (mortgage foreclosure not final until sale distribution orders entered)
- Johnson v. Bar, 383 Ill. App. 3d 909 (2008) (section 2-301 not retroactive; waiver by appearance without objection)
- GMB Financial Group, Inc. v. Marzano, 385 Ill. App. 3d 978 (2008) (conflicting views on 2-301(a-5) waiver; case addressing comprehensive waiver)
- Protein Partners, LLP v. Lincoln Provision, Inc., 407 Ill. App. 3d 709 (2010) (review of 2-1401 voidness petition de novo)