Bank of New York Mellon v. Laskowski

In 2010, as the trustee for an alternative loan trust, the Bank filed a residential mortgage foreclosure complaint against Pacific and others in Will County. The Bank later filed an affidavit for service by publication stating that, after searches of directory assistance and the Secretary of State’s business registration records, it was unable to locate Pacific. After service by publication, Pacific failed to respond. In July 2012, the court entered a default order and judgment of foreclosure, with a finding that service of process was proper. In February 2013, the property was sold at a sheriff’s sale. The Bank sought an order approving the sale. At the April 18 hearing, Pacific’s attorney appeared for the first time. The Bank failed to appear. The court dismissed for want of prosecution. On May 30, the court reinstated the case. On July 18, Pacific moved to quash service of process, asserting that Pacific is a foreign LLC registered in New Mexico, that it does not have an Illinois registered agent, and that service by publication was improper under 805 ILCS 180/1-50. In May 2014, the court denied Pacific’s motion because it was filed more than 60 days after Pacific filed its appearance (735 ILCS 5/15-1505.6(a)) and held that service by publication was proper. The Illinois Supreme Court reversed, rejecting the Bank’s contention that the 60-day deadline was unaffected by the dismissal. Before 60 days can pass such an action necessarily must be pending. The court remanded the question of service by publication. View "Bank of New York Mellon v. Laskowski" on Justia Law