Illinois Appellate Court Reaffirms that Foreclosure Defendants Only Have 60 Days After Appearing to File a Motion to Quash Service of Process

Kluever & Platt recently obtained a significant victory for its mortgage servicing client with an Illinois appellate court decision emphasizing Illinois courts' ability to control their mortgage foreclosure dockets and deter frivolous pleadings and motions by foreclosure defendants. In Wells Fargo Bank v. Roundtree, 2018 IL App (1st) 172912 (Nov. 7, 2018), the First District reaffirmed past rulings, holding that the clock to file a motion to quash service starts ticking when a party participates in a hearing or files an appearance—regardless of whether this occurs before or after the entry of a default judgment.


Governor Rauner's approval of House Bill 5176 impacts foreclosure sales in Cook County

On August 3, 2018, Illinois' Governor Bruce Rauner approved House Bill 5176 ("HB5176"). HB5176 defines how law firms must publish the sale of a foreclosed property in Cook County, which is home to the City of Chicago. Effective immediately, the notice of sale will now need to be published in the real estate section of the newspaper within the township in which the property is located. Before this amendment, the notice did not need to be posted in the newspaper circulated within the same township as the property. Whether this change will have any effect on increased bidding activity at individual foreclosure sales remains to be seen. While Kluever & Platt believes that previous foreclosure sales will not be affected by the bill, we recommend going forward that any notice of any sale for a Cook County property should be published in the township where the property is located.