2020 IL App (2d) 190198
Ill. App. Ct.2020Background
- 2010: Fannie Mae filed a judicial foreclosure in Du Page County against Willie Altamirano, Jose Manuel Garcia-Velazquez, Ernestina Altamirano-Cruz, and Anayeli Gonzalez; the summons caption read "WILLIE ALTAMIRANO et al." and a service list identified the other defendants.
- Defendants did not appear; default judgment entered (Feb. 7, 2012); Fannie Mae bought the property at sale and later sold it to Gaspar Huerta and Rosaura Lopez (Dec. 26, 2012); MERS held the mortgage.
- Petitioners (Garcia-Velazquez & Altamirano-Cruz) filed a 735 ILCS 5/2-1401 petition on Aug. 13, 2018, arguing the foreclosure judgment was void for lack of personal jurisdiction because they were not named on the summons caption.
- Respondents (Huerta, Lopez, MERS) moved to dismiss under section 2-619.1; the trial court dismissed, citing the 2018 amendment to 735 ILCS 5/2-201(c) (technical summons-format errors do not affect jurisdiction) and, principally, laches.
- Respondents also moved to dismiss the appeal as moot based on recent adverse-possession/statute-of-limitations amendments (§§13-107.1, 13-109.1); the appellate court rejected that motion because the amendments were not retroactive to this 2010 action.
- On appeal the court avoided resolving the constitutional/separation-of-powers question about the 2018 statutory amendment and affirmed dismissal on the equitable ground of laches.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the summons caption omission deprived the court of personal jurisdiction and rendered the foreclosure judgment void | Summons failed to name petitioners on its face; that defect is jurisdictional and makes the judgment void so it can be attacked at any time | Even if a caption defect existed, petitioners waited years to challenge the judgment and are barred by laches; the 2018 statutory amendment also treats technical summons errors as not affecting jurisdiction | Court did not decide the constitutional/statutory conflict; held petitioners’ claim is barred by laches and affirmed dismissal |
| Whether laches can bar a collateral attack on an allegedly void judgment | A void judgment may be attacked at any time; equitable defenses like laches should not prevent a legal voidness challenge | Laches applies where plaintiff unreasonably delayed and defendants were prejudiced; collateral attacks can be barred in appropriate cases | Laches applies here: petitioners’ long delay (over six years post-default/eviction) and prejudice to subsequent purchasers (Huerta and Lopez) defeat the petition |
| Whether the appeal is moot because respondents obtained title by adverse possession under post-2018 statutory amendments | N/A in opinion (petitioners argued amendments do not apply retroactively) | Respondents argued new statutes bar the action by creating adverse-possession/limitations rules | Motion to dismiss appeal denied: statutes' "sunrise" provisions do not apply retroactively to this pre-amendment foreclosure action |
Key Cases Cited
- BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311 (Illinois Supreme Court authority that lack of personal jurisdiction renders a judgment void)
- People v. Castleberry, 2015 IL 116916 (void judgments generally may be attacked at any time)
- Koberlein v. First National Bank of St. Elmo, 376 Ill. 450 (courts have applied laches to bar collateral attacks on void decrees)
- James v. Frantz, 21 Ill. 2d 377 (equity may interpose laches when validity of earlier decree is attacked)
- Tully v. State of Illinois, 143 Ill. 2d 425 (definition and equitable purpose of laches)
- EMC Mortgage Corp. v. Kemp, 2012 IL 113419 (limits on collateral attacks; requirements for seeking relief)
- Eckberg v. Benso, 182 Ill. App. 3d 126 (appellate decision applying laches to bar defective-service attacks)
- First American Title Insurance Co. v. TCF Bank, F.A., 286 Ill. App. 3d 268 (discussion that equity follows law but laches can be a threshold barrier)
- Allegis Realty Investors v. Novak, 223 Ill. 2d 318 (statutory temporal reach controls retroactivity analysis)