17562Fighting the Foreclosure Fight
- Mar 10 5:42 AMWednesday 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
Still in the trenches...