Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court civil opinions in the civil cases BAC Home Loans Servicing, LP v. Mitchell, In re Marriage of Tiballi, Spanish Court Two Condominium Association v. Carlson and Home Star Bank and Financial Services, etc. v. Emergency Care and Health Organization, Ltd.
By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa
In the context of a motion attacking foreclosure proceedings for lack of proper service filed after confirmation of the report of sale, BAC Home Loans Servicing v. Mitchell “reaffirms the longstanding rule that ‘a party who submits to the court’s jurisdiction does so only prospectively and the appearance does not retroactively validate orders entered prior to that date.’” The court resolved a conflict among appellate panels on the issue of whether a waiver of personal jurisdiction operated prospectively only, or whether it served to retroactively validate previous orders of the court entered without personal jurisdiction.
The source of the controversy is the amendment of section 2-301 in 2000 which both eliminated the need for a special appearance and specified the manner of objecting to a court’s jurisdiction. The court held that in context the amendment was ambiguous, and should therefore not be interpreted to contradict In re Marriage of Verdung, 126 Ill.2d 542 (1989), which applied the prospectively-only rule.