2021 IL App (2d) 200019 No. 2-20-0019 Opinion filed March 30, 2021 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ LISLE SAVINGS BANK, ) Appeal from the Circuit Court ) of Du Page County. Plaintiff-Appellee, ) ) v. ) No. 15-CH-1390 ) RONALD D. TRIPP; DEANNA C. TRIPP; ) WORLDWIDE ASSET PURCHASING ) II, LLC; UNKNOWN OWNERS; and ) NONRECORD CLAIMANTS, ) ) Defendants ) Honorable ) James D. Orel, (Deanna C. Tripp, Defendant-Appellant). ) Judge, Presiding. ______________________________________________________________________________ JUSTICE ZENOFF delivered the judgment of the court, with opinion. Presiding Justice Bridges and Justice Hutchinson concurred in the judgment and opinion. OPINION ¶1 Defendant Deanna C. Tripp appeals from the order of the circuit court of Du Page County denying her motion to quash service of the summons in proceedings to foreclose a mortgage executed by her and Ronald D. Tripp. We affirm. ¶2 I. BACKGROUND ¶3 On August 10, 2015, Lisle Savings Bank (Bank) filed a mortgage foreclosure complaint against Ronald, Deanna, Worldwide Asset Purchasing II, LLC, and unknown owners and nonrecord claimants. The Bank served a summons on Deanna, which was captioned “Lisle Savings 2021 IL App (2d) 200019 Bank vs Ronald D. Tripp, et. al [sic].” The words “To each Defendant: see attached service list” appeared immediately beneath the caption. The attached service list contained the words “Please Serve:” followed by the names and addresses of the identified defendants, i.e., Ronald, Deanna, and Worldwide Asset Purchasing II, LLC. None of the defendants appeared, and the trial court entered a default judgment on the foreclosure complaint on December 21, 2015. A foreclosure sale was conducted on May 10, 2018. The delay in conducting the sale was due to the pendency of a bankruptcy proceeding in which Deanna was a debtor. On June 26, 2018, the trial court entered an order approving the sale. ¶4 On July 23, 2018, Deanna entered an appearance and moved to quash service. She argued in her motion that, because her name did not appear on the face of the summons, the summons was ineffective. Thus, she contended, the court lacked personal jurisdiction over her. The Bank responded, inter alia, that the failure to name Deanna on the face of the summons was a technical error and that, pursuant to section 2-201(c) of the Code of Civil Procedure (Code) (735 ILCS 5/2- 201(c) (West 2018)), the error did not affect the court’s jurisdiction. The court denied the motion, and this appeal followed. ¶5 II. ANALYSIS ¶6 Initially, a brief comment on a procedural matter is in order. The trustee of the estate in Deanna’s bankruptcy proceeding was granted leave to intervene in the trial court, as was the purchaser of the subject property. Although the trustee intervened, she did not file a notice of appeal. Nonetheless, she filed a motion in this court to adopt Deanna’s briefs. A motion panel granted the motion. Deanna’s attorney requested oral argument. However, Deanna’s attorney and the trustee’s attorney reached an agreement that the trustee’s attorney would …
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