Washington Mutual Bank, F.A. v. Archer Bank

Archer Bank, a lienholder-defendant in a foreclosure action brought by Washington Mutual Bank, EA. (WMB), seeks reversal of an order dismissing its request that the trial court vacate an order defaulting it. Archer made its request under section 2 — 1401 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 1401 (West 2006)) and, in the alternative, under section 2 — 1301(e) of the Code (735 ILCS 5/2 — 1301(e) (West 2006)). The trial court held that the request was untimely as a motion under section 2 — 1301(e) and insufficient as a petition under section 2 — 1401. On appeal Archer argues…