To support its motion, the Loan Owner submitted affidavits of employees of the special process server, stating, among other things, that "attempts were made" to serve Borrower at the condominium and that "it was discovered that no contact could be made" with Borrower even after "we attempted to locate the defendant by searching" various public and confidential databases for a current address. The Loan Owner's attorney also supposedly signed an affidavit swearing that Borrower "on due inquiry cannot be found" and, further, that Borrower's place of residence "[is] not known to the plaintiff, and upon diligent inquiry . . . cannot be ascertained."
Rule 7.3 of the Circuit Court of Cook County expands on Section 2-206 by requiring that, in mortgage foreclosure actions, all affidavits in support of publication service "be accompanied by a sworn affidavit by the individual(s) making such 'due inquiry' setting forth with particularity the action taken to demonstrate an honest and well directed effort to ascertain the whereabouts of the defendant(s) by inquiry as full as circumstances permit prior to placing any service of summons by publication." Cook Co. Cir. Ct. R. 7.3.
Ralph T. Wutscher
McGinnis Tessitore Wutscher LLP
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