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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.

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