Legal Question in Real Estate Law in Illinois

Vacating Dismissal for Want of Prosecution

In September of 1998, my mortgage company filed a foreclosure action, in October of 1998, I filed a chapter 13. On March 7, 2001, the foreclosure action was dismissed for want of prosecution, in December 2001, the chapter 13 was dismissed. Now (February 2002) the mortgage company wants to vacate the dismissal for want of prosecution. Is there a statute of limitations regarding vacating a dismissal for want of prosecution?

Thank you.


Asked on 1/24/02, 10:54 am

1 Answer from Attorneys
Bruce Buckrop Bruce Buckrop

Re: Vacating Dismissal for Want of Prosecution

If there is a dismissal and it is without prejudice as most cases are, then regardless of whether they resurrect the old case or file a new case your house will be in foreclosure, and as you experienced before chapter 13 is often the best way to save the house if that is your desire and you can afford it.

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Answered on 1/24/02, 12:14 pm


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