Significantly, the Appellate Court agreed with Borrower that as part of its due inquiry, Plaintiff Loan Servicer should have attempted to contact Borrower's attorney in order to locate him. The Court explained that, while Plaintiff Loan Servicer was not required to attempt to serve Borrower's attorney, Plaintiff Loan Servicer "had an alternative and more reasonable vehicle for locating [Borrower] for service" and thus "certainly could have made the minimal effort to contact [Borrower's Attorney] to locate" Borrower. See 735 ILCS 5/2-203.1 (allowing an alternative method of service upon plaintiff's motion and affidavit stating that personally serving defendant is impractical and that upon due inquiry defendant cannot be found and reasonable efforts at service have been unsuccessful).
Ralph T. Wutscher
McGinnis Wutscher LLP
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