Legal Question in Real Estate Law in Illinois
I am going through a judicial foreclosure and during one of the court dates, an Order for Default was entered �as to liability�. A partial Summary Judgment was also issued against all of the other defendants in the case (i.e. Non-record claimants, heirs etc.), but it did NOT include me/my name individually. What do these Orders mean and why where they issued in that way?
In addition, the lender�s attorney has just submitted a Motion for Foreclosure. Are the above 2 Orders enough to now proceed with the Motion and subsequently Order for Foreclosure, or does another Order of Default and Summary Judgment have to be entered against me/my name individually, beforehand? Please advise.
Thank you very much in advance.
1 Answer from Attorneys
Nice summary but without seeing all the court papers it's really not appropriate for any attorney to tell you exactly what is going on. That said motions for summary judgment can be entered for both liability (who is at fault) and for the amount claimed, or either, with liability first, and then additional court proceedings needed for determining the amount owed. But those can be handled by court orders setting additional hearing dates including briefing schedules. So I won't go further - time to get an attorney involved to at least look at all the proceedings. Then if you still want to DIY, that would be up to you.
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