I received a motion for default, motion to dismiss unknown owners and non record claimants, and judgement for

I received a motion for default, motion to dismiss unknown owners and non record claimants, and judgement for

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Customer: I received a motion for default, motion to dismiss unknown owners and non record claimants, and judgement for foreclosure and sale. The appearance date is September 10, 2012. What will happen if I do not appear?
Answered by Richard in 5 mins 11 years ago
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Richard
29+ years of experience
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68,834 satisfied customers

Specialities include: Real Estate Law, Landlord and Tenant Law, Foreclosure, HOA, Trespassing, Contracts

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. What will happen is that the court will issue a default judgment and the lender will proceed with the foreclosure of the property. Once the foreclosure sale occurs, if you as the prior owner do not
leave, the law does not allow the new owner to forcibly evict the prior owner
without obtaining an eviction order from a court. What that means is that if
the sale date comes and the prior owner does not move out, the new owner cannot
simply change the locks or throw the prior owner's things out. Rather, what the
new owner has to do is to first deliver a 5-Day Notice to Quit...which basically says
the prior owner has 5 days to leave or face eviction. But, if
the prior owner still hasn't left, the new owner must then file a petition with
the court for an eviction order. Depending
upon the court's docket, it can take anywhere from about 15 days to a couple of
months to get a hearing. The prior
owner must be served with notice of this hearing and be provided an opportunity
to attend. Only when a judge has issued
the eviction order can the new owner have
the prior owner evicted. That will buy the prior owner a good bit of
time.



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Thanks for allowing me to be of service to you. Please be
aware that the information provided here is not legal advice. Rather it is
simply general information. All states have intricacies in their laws and any
information given is simply information only and specifically is not


intended to be, nor does it constitute, legal
advice. This communication does not establish an attorney-client relationship
with you. I hope this answer has been helpful to you.






Customer

I dont think you answered my question clearly. At this hearing will the judge give a date of sale. If he does, how far out is that date? If he does not, what happens next?

I can't say because I don't know whether the lender is seeking a judicial foreclosure or a non-judicial foreclosure. But, the judge, in either case, will set a date of sale and it is likely to be within a month.


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Customer

I was hoping to get more clarity. I live in Illinois so it is a judicial process.


 


What happens on September 10th if the motion is approved? Is the date set then? Do I get a 90 day period to try to repay?

Thanks for the clarification. In that case, the foreclosure sale will not normally take place until approximately six months from the judgment date on residential property. For residential property, you have a redemption period will expire the earlier of either seven months from the date of service of process or the date the Court obtains jurisdiction over the defendant or three months from the date judgment is entered. Redemption is your right to bring the mortgage fully current by paying any arrears with any interest and costs that the plaintiff incurred. The right of redemption may be shortened if the property is abandoned by the defendant to 30 days. Once the judgment is entered the borrower has a minimum of a 90 day statutory right of redemption of the property.
Customer

One last thing so I am clear.


 


On Feb 1 we received a summons and complaint to forclose mortgage


no other correspondence has been received until a letter stating the motion for default, motion to dismiss unknown owners and nonrecord claimants and judgement of foreclosure and sale. So if on September 10th they receive the judgement of foreclosure and sale you are saying the date of sale might not be for another 6 months and we still have a 90 day period of redemption?


 


 

No..I'm sorry....the redemption period runs from the date of judgment, not the date of sale. So, what you will likely have is the 7 months...the 30 days of appeal right plus the 6 month period after that, which includes the redemption right.
Customer

wow. i need to go back to school! I m confused again


 


So if they get a judgement on Sep 10th, what is the earliest the date of sale can be set for?

The earliest period would be 90 days from the date of judgment, but it's not likely to be that early. Then once the sale date occurs, then they have to go through the process of formal eviction if you don't leave voluntarily.
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