Legal Question in Real Estate Law in Illinois

Motion to Intervene

I have a judgement against a property that is going to foreclosure. The mortgage holder filed suit 1-13-06, I received the judgement 1-27-06. How do I file a Motion to Intervene? Am I the plaintiff or is the mortgage holder the plaintiff? Do I name the owner of the property as the defendant? Can I submit a Motion to Intervene myself or do I need legal assistance? Please advise.

Asked on 9/21/06, 12:15 pm

2 Answers from Attorneys

Charles Dobra Charles Wm. Dobra, Ltd.

Re: Motion to Intervene

I don't know how you could take a judgment against property. Without being verbose, you should speak with a lawyer about your rights. As you didn't say you were served a summons and complaint as a junior lien holder, I'm assuming that you failed in a procedcural step somewhere to assert your rights. Only a review of your documentation would reveal where the miscue took place. Good Luck!

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Answered on 9/21/06, 2:17 pm

Jay Pollak The Pollak Law Firm, LLC

Re: Motion to Intervene

It would appear that the foreclosure trumps your judgement. However, a review of the facts and timing is necessary to reach a final conclusion. Consider that you may have to bid in at the foreclosure sale if you want to get paid. It will depend on the amount of the mortgage. You really need a lawyer!!

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Answered on 9/21/06, 3:11 pm

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