60-day clock halted when foreclosure case in limbo

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 21, 2018 12:21 PM

Pacific Realty Group argued it satisfied the 60-day deadline for moving to quash service of summons under Section 15–1505.6(a) of the Illinois Mortgage Foreclosure Law — even though its motion was filed 90 days after it was served with Bank of New York Mellon’s complaint — because an order dismissing the case for want of prosecution paused the statutory countdown.The trial judge disagreed, and the Illinois Appellate Court affirmed — with Justice William E. Holdridge dissenting based on Case v. …

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