Metrobank v. CANNATELLO
964 N.E.2d 656
Ill. App. Ct.2012Background
- Metrobank, successor by merger with Chicago Community Bank, foreclosed on a mortgage on Cannatello's property at 520 W. 44th Place, Chicago.
- Cannatello was listed at a Chicago address on the deed and note; he defaulted on payments.
- Abode service on Cannatello was effected via a family member at his usual abode, with mailing of the summons and complaint.
- Cannatello did not appear; default judgment was entered, and the property was ordered to be sold.
- The property was sold at a public auction with a deficiency of $51,956.89 reported.
- The circuit court denied a personal deficiency judgment under 15-1508(e) due to abode service; Metrobank appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether abode service satisfies personal service under 15-1508(e). | Cannatello not appeared; 15-1508(e) requires personal service. | Abode service is insufficient for a personal deficiency judgment. | Yes; abode service satisfies personal service under 15-1508(e). |
Key Cases Cited
- ABN AMRO Mortgage Group, Inc. v. McGahan, 237 Ill. 2d 526 (2010) (foreclosure is quasi in rem; deficiency judgments require personal jurisdiction)
- Mid-America Federal Savings & Loan Ass'n v. Kosiewicz, 170 Ill.App.3d 316 (1988) (abode service is a valid due-process method in foreclosures)
- City of Chicago v. Chatham Bank of Chicago, 54 Ill.App.2d 405 (1964) (personal service required for deficiency judgments; service at last known address insufficient in some contexts)
- Ahlgrim v. Fidelity Trust & Savings Bank, 278 Ill.App.2d 147 (1934) (enforcement of rents/profits differs from personal deficiency judgments; in rem considerations apply)
- Northwest Diversified, Inc. v. Mauer, 341 Ill.App.3d 27 (2003) (abode service recognized as personal service for certain purposes; interpretation of section 2-203)