Mid-America Federal Savings & Loan Ass'n v. Kosiewicz

Intervenors, Paul Javaras and Frank Skach, appeal the judgment of the circuit court granting the motion of defendant, Robert Kosiewicz, to quash summons and set aside a judgment of foreclosure entered against him. Intervenors contend that the sheriff’s return of summons was valid on its face and that the court therefore erred in permitting defendant to attack collaterally the judgment of foreclosure. We reverse and remand.

Defendant, his late wife, Shirley, and their two children formerly resided on the subject property. On October 24, 1984, plaintiff, Mid-America Federal Savings and Loan…