Legal Question in Real Estate Law in Illinois

Re: home in foreclosure

Whenever a Motion (request to the Judge) is filed, a Notice of Motion must be filed with it.

A Motion to Dismiss a Party Defendant, means that someone want to have one of the named Defendants dismissed from the case. In a forclosure, these may be an ex-spouse, a cosigner of the mortgage, a holder of a second mortgage, etc.

They are asking the court to dismiss them because they feel they are not responsible for repayment of the loan. The court may or may not do this - the Plaintiff in Foreclosure will want proof that they can be dismissed.

All the other parties to a lawsuit, including a foreclosure must receive notice that the motion has been made and a copy of the motion itself.

If you oppose dismissing someone from the lawsuit, then you are allowed to go to court and object on the date and time specified on the Notice of Motion. If you really don't care you don't have to be there and the court will assume that you don't care one way or the other.

I always advise people to show up if posssible.

The date and time of the hearing are right at the begining 'On ______________ at__________am/pm".