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17562Fighting the Foreclosure Fight

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  • Michael
    Mar 10 5:42 AM
    • 0 Attachment
      Wednesday 10 March 2010

      My house was sold at a judicial sale last month,
      three years after the case was intiated, and I had
      been waiting to see which of the two "plaintiffs"
      would have the sale conducted. I was prepared to
      challenge the confirmation of the sale by a lack
      of standing, evidenced by plaintiff's own
      assignment, on record, BUT...

      It turns out that in Illinois, and specifically
      in Cook County, only the sheriff can serve
      process, and should he be disqualified, then the
      coroner. In counties with populations of less
      than 1 million, a special process server can serve
      process. That does not apply to Cook County.

      I was served by a special process server. Whenever
      service of process is not done according to law, the
      court does not acquire personal jurisdiction over
      the defendant, me, in this case, and any judgment
      is void. I used several appelate and Illinois
      supreme court decisions in my Notice and Demand that
      make this point very clear.

      The motion for confirmation of sale is tomorrow,
      and I am sure the attorney has been waiting to
      get rid of my case. I faxed him my own Notice and
      Demand to quash service and vacate the case, yesterday,
      in time for "his" trial tomorrow.

      Waiting in the wings, I have copies of the transcript
      of the legislators arguing over this issue, and it was
      made clear the special process severs do not apply in
      Cook County.

      Still in the trenches...