Legal Question in Civil Litigation in Illinois

bank

I was served foreclosure papers in the latter part of last year. I had a hearing in March, bank requesting summary judgement. The judge denied them because I showed they had not followed FHA requirements for foreclosure. The case is rescheduled for July 16. The bank has still not fullfilled the requirements or contacted me. If I return on July 16 and they are not present, what happens? At what point can I request the mortgage to be null and void due to their negligence. It seems as though they're not very dedicated to actually foreclosing. They are required to conduct a face to face meeting, and the initial letter of delinquency must be sent via certified mail. Neither was done.

The judge only stated their request for summary judgement was dimissed. This is all the court document stated.


Asked on 6/30/09, 12:43 pm

1 Answer from Attorneys

Re: bank

You should go to the courthouse and look in the file to see whether there are any orders specifying what the July 16 date is for. It could be trial; it could be status, it could be for mediation.

The fact that you defeated the S. J. Motion only means that you created an issue of fact as to whether the lender would win at a trial-that in no way means that the case is over or that you will prevail.

Without knowing what you stated in your answer or what time deadlines the court may have instituted, I cannot tell you when you should ask that the mortgage be declared null and void. You may have already missed a deadline for asserting the facts as an affirmative defense or a counterclaim.

Your house is at stake here-I suggest that you hire an attorney as foreclosures are quite technical.

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Answered on 6/30/09, 12:52 pm


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