Legal Question in Civil Litigation in Illinois
bank 2
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. I have copies of all case files. I have not missed any deadlines. July 16 is a status, which is my point... nothing has changed since March, the bank still has not contacted me or sent anything via certified mail as is what FHA requires. What would happen if the banks attorney does not show up in July? How long can the bank go without fullfilling the FHA requirements?
2 Answers from Attorneys
Re: bank 2
Ah, finally enough facts to give you something. If the bank fails to show, the case may be dismissed for want of prosecution. You would want the dismissal to be with prejudice.
Re: bank 2
Ah, finally enough facts to give you something. If the bank fails to show, the case may be dismissed for want of prosecution. You would want the dismissal to be with prejudice.
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