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BANK OF NEW YORK MELLON v. KARBOWSKI

No. 1-13-0112.

12 N.E.3d 792 (2014)

2014 IL App (1st) 130112

382 Ill. Dec. 513

The BANK OF NEW YORK MELLON f/k/a The Bank of New York, as Trustee for the Certificateholders, CWALT, Inc., Alternative Loan Trust 2007-OA9 Mortgage Pass-Through Certificates Series 2007-OA9, Plaintiff-Appellee, v. Krzysztof KARBOWSKI, Defendant-Appellant, and 1636 North Bosworth Condominium Association; Bank of America; Krzysztof Karbowski; Unknown Heirs and Legatees of Krzysztof Karbowski, If Any; Unknown Owners and Non Record Claimants, Defendants.

Appellate Court of Illinois, First District, Third Division.

May 28, 2014.

Attorney(s) appearing for the Case

Kusper Law Group, Ltd., of Chicago ( Stewart T. Kusper and Paul C. Mallon, Jr. , of counsel), for appellant.

Wirbicki Law Group, LLC, of Chicago ( Russell Wirbicki and James A. Meece , of counsel), for appellee.

OPINION

Justice MASON delivered the judgment of the court with opinion.

¶ 1 Defendant-appellee, Krzysztof Karbowski, appeals from orders entered by the circuit court of Cook County denying his motion to quash service by publication, entering a judgment of foreclosure and confirming the foreclosure sale. Karbowski contends that the affidavit submitted by Bank of New York Mellon in support of its motion for leave to serve him by publication was not timely...

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