Justice Charles Wood

Defendant attended seven foreclosure settlement conferences concerning plaintiff bank's foreclosure action on the subject note and mortgage, but no settlement was reached and the matter was released with bank advised it may proceed with the action. She now sought to vacate her default, granted as she failed to appear or answer, nor seek an extension of time to do so, and for dismissal of the action claiming the court lacked personal jurisdiction as she was never personally served with notice. The court found the process server's affidavit constituted prima facie evidence of proper service, noting the affidavit indicated defendant was personally served and included a description. Defendant claimed the description was inaccurate—5'4-5'7 and 125-149 pounds, aged 75 year old female—as she was 90 years old and weighed nearly 210 pounds. The court stated the minor differences in the description did not rise to rebut the prima facie showing of Service. Thus, defendant failed to establish a reasonable excuse for defaulting. It also noted defendant did not deny being served, merely alleging she did not recall same. Further, as defendant moved to compel bank to accept her late answer well past 30 days of the initial appearance at a settlement conference, the motion was denied.