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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92469
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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THESE QUESTIONS ARE FOR PAULMJD In court as a Defendant

Resolved Question:

THESE QUESTIONS ARE FOR PAULMJD


In court as a Defendant in a Mortgage Foreclosure, The court granted
Summary Judgment to lender & Condo assoc, I the defendant filed a reconsider, for rehearing, modify, vacation of the SJ, based on genuine issue of material fact,with evidence, affidavits within the 30 day period after SJ was entered, What is the next step , reconsider, rehearing, modify, vacation, and can you explain each?
I hired a lawyer and he went to court with me, the lawyer did not address the
Motions that I timely filed to reconsider {before I hired him},[rehearing, modify, vacation,] one with the Lender and the other with the Condo Association. The Court told the lawyer that I hired, we are in court on defendants {me} motion to reconsider. This lawyer that I hired did not have the defendants {me} motions in front of him before the court, is this strange to you?
I was standing beside him, with the motions, Can you address these issues?
Why would a lawyer not address the motions filed by me (the defendant who hired him?
And as a matter of fact, the lawyer that I hired did not address my (post-trial-reconsider) motions to the Judge that I [pro se] filed as 735 ILCS 5/2-1203 [non-}jury], on the Lender or the HOA, [this was the defendants (my) court date]

instead he told the judge He (the lawyer) filed a motion for extension of time and motion for leave to file Defendants Amended Motion to vacate Summary Judgment and stay of sale and leave to file counsels Appearance as additional counsel of record. Is this proper, 3 or 4 motions in one? The Lawyer had 20 days to
Review the Motions to Reconsider, before the court date. Can you Please reply?
1. why would an attorney not address the Motions to reconsider before the court, it’s our motion why?
2. How many bites will I (the defendant) an attorney have at Summary Judgment, the Court denied
My (defendants) motion to reconsider.
3. What’s the next step?
4. Can you Appeal a Summary Judgment?
This lawyer has a court date for those motions coming up on July 1st, how would that help
Me (defendant)?
5. Wasn’t he (the lawyer) suppose to argue the case for Appeal?
Everything was there in the motions to reconsider that created genuine issues of material facts, why?

In a Mortgage Foreclosure in Illinois, after Summary Judgment, what can A Defendant do?

After Reconsideration is denied, what can a defendant do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new questions and for asking for me.

1) A motion to reconsider is for the court to look at what they decided and you ask them to look at certain points you presented in your SJ and consider them again to change their ruling. The rehearing is asking the court to give you a chance to present new evidence to support your argument. The motion to vacate is to ask them to remove the summary judgment decision. These are typically filed all at once.

2) The lawyer should have had the motions in front of him and you should have given them to him and he should have argued the points you raised in your motion to reconsider/rehear/vacate in that hearing if he was prepared to do so. He might not have had time to prepare and he should not have argued for anything but more time and an extension to give him that time to prepare.

3) I have no idea why the attorney did not address the motions if you gave them to him and told him what you wanted him to do. The lawyer would argue as you said for an extension of time to prepare his case if you hired him and he did not have time to prepare, this is a permissible and wise thing for him to do to get more time to prepare.

4) You have one chance at the reconsider/rehearing/vacating the summary judgment and then you have to file your appeal to the court of appeals.

5) The lawyer did what he was supposed to do, get more time to prepare. If you lose these motions THEN he would move to appeal and file the appeal of summary judgment in the appeals court.

You need to be patient and let the lawyer do his job, that is what you need to do now.



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Customer: replied 1 year ago.


This attorney has filed a motion for extension of time and motion for leave to file defendants (me) amended motion to vacate summary


judgment and stay of sale and leave to file counsels appearance


as additional counsel of record. scheduled 14 days before the


30 days when the Appeal would be due.


 


Going before the Judge/court again in 2 weeks how is that going to


change the judges decision? He denied the motion to reconsider


without argument from this attorney that I hired.


 


Going before the Judge/court again in 2 weeks. How is that going to


change the judges decision?


 


He denied the motion to reconsider without argument from this


attorney that I hired. Was this the only bite of the apple before


filing an appeal?


 


Should this lawyer file an Appeal on the Lender and then an appeal on the Condo association? separately, I had (2) motions


 


 


I thought everyone was entitled to legal counsel at any point in the


case, when an appearance is filed, is that correct?


 


This is an emergency here, this lender is trying to charge me


188k when I received $70K, can you tell me that's not a genuine


issue of material fact, we have the evidence presented in the


motion to reconsider, what should be done, I'm disappointed in


the attorney from the horse leaving the stable, help me to


understand the possibilities of this making working out?


your reply is requested.


 


The Lenders documents are fraudulent and the Association participated


in the fraud as a notary. How can I recover with this attorney? This is


my principal residence I;m concerned.


 


This attorney filed a motion on June 13, 2013 on his motions, how can this apply?

Expert:  Law Educator, Esq. replied 1 year ago.
Your attorney is not arguing an appeal right now, he can still do that. He is moving first to vacate the summary judgment, which is the first step in the process to an appeal. A motion to reconsider is something the courts rarely grant because a judge does not want to admit they missed something and were wrong, so I would not worry about that. You hired an attorney for their expertise in the area and you need to let them do their job.

If the motion to vacate summary judgment is denied, then your attorney will move to filing an appeal and can raise all the issues of fraud that you allege (which he will raise in the motion to vacate the summary judgment as well).

Everyone in a CRIMINAL case is entitled to legal representation, but not in a civil case. However, since you have now hired an attorney, let them represent you and use their training and experience to do so and do not second guess them since they have reviewed your case and know the law and procedure better than you do.

It is an emergency to you, but not the court I am afraid. This is why they have courts and attorneys, so these matters can be worked through the court system and legal process (which moves slowly sometimes and clients do not realize that most times) and you are now working your way through the legal system with an attorney who will study your case and know what legal process is appropriate and from what you said above he is moving right now in the right direction.

He filed his motion on June 13, the court will now set a date eventually to hear the motion to vacate the summary judgment. If you lose that motion, then the attorney will file a notice of appeal and file your appeal with the appeals court.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX afraid to hire an attorney. You explained the


situation to me much better. I now understand. Thank you


 


for that. I have been pro se for 5 years (TKO) s (smile)


 


and doing a great job its hard for me to let someone else represent


 


my investments, I've worked so hard to accomplish my goals. Thank you

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

While you may have been doing an okay job pro se, unfortunately you have not been winning in this case and that is why attorneys go to spend 3-4 years in law school and then practice law for years to learn these things. Since you have now hired an attorney, it is time for you to relax a bit more and to now let him handle the matter and use his training and experience to your advantage.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92469
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Law Educator, Esq.
Law Educator, Esq.
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Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.