Out-of-state LLC bid to void foreclosure judgment is rejected

Commercial Litigation

By Paul B. Porvaznik

Paul B. Porvaznik is an attorney at Bielski Chapman Ltd. and practices primarily in the areas of commercial litigation, landlord-tenant law, mechanic’s liens and post-judgment enforcement.

Posted January 15, 2020 3:42 PM

Updated January 17, 2020 9:39 AM

A New Mexico LLC’s attempt to collaterally attack a mortgage foreclosure judgment five years after its entry fell flat when it was rejected by the 1st District Appellate Court.The case of U.S. Bank v. Laskowski, 2019 IL App (1st) 181627, discusses the elevated level of proof required to successfully contest service of process where a case involves real estate transferred to a bona fide purchaser for value.In 2009, the lender plaintiff filed a mortgage foreclosure suit against an individual borrower. That borrower …

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