Frank Reilly v. U.S. Bank National Association

Appellant Frank Reilly appeals a final judgment of foreclosure, arguing that the trial court, erred by proceeding to. trial where the case was not yet at issue. 1 We .agree and reverse.

Mr. Reilly and Mynabel Roche, "who were married at the time, executed a promissory note and a mortgage. 2 After they failed to make .payments, U.S. Bank brought a foreclosure action. U.S. Bank was able to personally serve Ms. Roche with the complaint. It was unable, however, to personally serve Mr. Reilly, and claimed that he was avoiding service. U.S. Bank therefore sought to proceed with notice by publication.