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CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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This is Pat again with a different question. If a defendant

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This is Pat again with a different question.
If a defendant in a Complaint for foreclose on a Commercial Building in Illinois is NOT given Notice on Proof of Service all the Motions filed by the Bank (Plaintiff) and there are Default Judgments because the defendant didn't respond within the required time (didn't respond because wasn't given Notice) and the Defendant only discovers this AFTER the Sheriffs sale (bank bought the building) what can the defendant do to? Is their a specific Motion?

William B. Esq. :

Hi Pat, the motion you will want to make is a "Motion to Set Aside Default" Under Illinois Law, it is statute: 2.1301:

William B. Esq. :

As the bank currently owns the property in question you will also want to make an ex parte motion at the same time to stay the bank's ability to transfer the property or other wise encumber or dispose of the property. This temporary injunction would be based on (1) a probability of success - at least on the motion, if not the case; (2) the relative low cost to the plaintiff bank; (3) the high cost to you - the real estate is a non-fungible asset; and (4) the fact that disposition of the property would cause "irreperable harm" - this is the key term.

William B. Esq. :

Here is a comprehensive County Bar Association article on the procedure for making a motion to set aside, or vacate, a judgment.

William B. Esq. :

I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.

Thank you for using our service, please do not forget to rate my answer when you are satisfied. I am going to transfer our conversation to the "Q&A" format to ensure you can review the entire response (some customers have browser interface issues and I want to avoid any delay) and that I can follow up to any questions you may have quickly. I do wish you the best of luck in this matter.

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