Ocwen Loan Servicing, LLC v. DeGomez

2020 IL App (2d) 190774 No. 2-19-0774 Opinion filed December 30, 2020 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ OCWEN LOAN SERVICING, LLC, ) Appeal from the Circuit Court ) of Du Page County. Plaintiff-Appellee, ) ) v. ) No. 2010-CH-1529 ) GUADALUPE DeGOMEZ, AUGUSTIN ) OLEA, TERESA TRUJILLO, ERIC ) GOMEZ, UNKNOWN OWNERS, and ) NONRECORD CLAIMANTS, ) ) Defendants ) ) Honorable (Guadalupe DeGomez and Teresa Trujillo, ) Bonnie M. Wheaton, Defendants-Appellants). ) Judge, Presiding. ____________________________________________________________________________ JUSTICE McLAREN delivered the judgment of the court, with opinion. Presiding Justice Bridges and Justice Jorgensen concurred in the judgment and opinion. OPINION ¶1 In March 2010, plaintiff, Ocwen Loan Servicing, LLC (Ocwen), filed a foreclosure action against defenda

2020 IL App (2d) 190774 No. 2-19-0774 Opinion filed December 30, 2020 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ OCWEN LOAN SERVICING, LLC, ) Appeal from the Circuit Court ) of Du Page County. Plaintiff-Appellee, ) ) v. ) No. 2010-CH-1529 ) GUADALUPE DeGOMEZ, AUGUSTIN ) OLEA, TERESA TRUJILLO, ERIC ) GOMEZ, UNKNOWN OWNERS, and ) NONRECORD CLAIMANTS, ) ) Defendants ) ) Honorable (Guadalupe DeGomez and Teresa Trujillo, ) Bonnie M. Wheaton, Defendants-Appellants). ) Judge, Presiding. ____________________________________________________________________________ JUSTICE McLAREN delivered the judgment of the court, with opinion. Presiding Justice Bridges and Justice Jorgensen concurred in the judgment and opinion. OPINION ¶1 In March 2010, plaintiff, Ocwen Loan Servicing, LLC (Ocwen), filed a foreclosure action against defendants, Guadalupe DeGomez and Teresa Trujillo, concerning a property in Wood Dale. Defendants were served. In June 2010, the court entered a default judgment of foreclosure and the property was sold through a sheriff’s sale. The court confirmed the report of sale. In June 2011, Diana Bahena and Salvador Bahena (the purchasers) purchased the property. 2020 IL App (2d) 190774 ¶2 In September 2018, more than eight years after the filing of the foreclosure action, defendants filed a petition for relief from void judgment, seeking to vacate the judgment of foreclosure and sale, pursuant to section 2-1401(f) of the Code of Civil Procedure (Code) (735 ILCS 5/2-1401(f) (West 2018)). They argued that all orders entered against them in the foreclosure action were void because defendants were not properly named on the summons and, therefore, the court lacked personal jurisdiction over them. Ocwen moved to dismiss the petition, pursuant to section 2-619.1 of the Code (735 ILCS 5/2-619.1 (West 2018)). The trial court granted Ocwen’s motion. Defendants appeal. For the following reasons, we affirm. ¶3 I. BACKGROUND ¶4 On March 17, 2010, Ocwen filed a foreclosure complaint against defendants. The property was commonly known as 407 Itasca Road, Wood Dale, Illinois, 60191. Ocwen named defendants in the complaint as owners and mortgagors of the property. Ocwen served its complaint through a summons bearing a caption reading in its entirety: Ocwen Loan Servicing, LLC vs. Guadalupe DeGomez, et al.” Attached to the summons was a page stating, in relevant part: “PLEASE SERVE THE FOLLOWING DEFENDANTS AT THE FOLLOWING ADDRESSES: Guadalupe DeGomez; 407 Itasca Road; Wood Dale, IL 60191 – DU Teresa Trujillo; 407 Itasca Road; Wood Dale, IL 60191—DU Teresa Trujillo; 13 School St; Addison, IL 60101—DU” ¶5 On March 21 and March 30, 2010, Trujillo and DeGomez, respectively, were served with the summons and the complaint. On June 29, 2010, the trial court entered a default judgment against defendants for, inter alios, failure to appear or plead and entered a judgment of foreclosure. The property was sold at a judicial sale to Federal Home Loan Corporation (Federal Home). On -2- 2020 IL App (2d) 190774 October 22, 2010, the court entered an order confirming the judicial sale. On June 6, 2011, Federal Home executed and delivered a special warranty deed transferring title …

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