HSBC Bank USA, National Association v. Gonzalez

In a case involving a mortgage foreclosure judgment entered in favor of the plaintiff, one of the defendants appealed from a trial court order denying her motion to quash service, vacate foreclosure sale, and vacate void judgment under section 2-1401 of the Code of Civil Procedure. Defendant argued that the circuit court erred in denying her motion because the plaintiff failed to strictly comply with the statutory requirements for substitute service of process where the process was not mailed to the specific apartment that was her usual place of abode. The appellate court affirmed, explaining that there was nothing on the face of the process server’s affidavit to show that service was defective or non-compliant with the statutory requirements for substitute service where a co-defendant was personally served and accepted service for himself and his spouse. (TAILOR and HYMAN, concurring)