What does "Motion - Vacate" and "Strike from call" mean in regards to a foreclosure case?

Asked over 1 year ago - Harvard, IL

My father's house went into foreclosure earlier this year. I went to his court date last month and he never appeared. Neither did the bank's attorney. The judge asked me to speak for my father, and handed me an order of dismissal for failure to prosecute, which I've been told is highly irregular. I checked the court records again to see if it was refiled, and just last week there was another hearing with type "MOTION - VACATE". The result is "STRIKE - FROM CALL". What does this mean? Is the foreclosure moving forward again or does the bank have to refile?

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . This indicates that whoever originally brought the motion withdrew it and the case was stricken (removed) from the call. The entire case has been dismissed, according to the order the judge gave you and the bank will have to refile. That is not irregular. Courts will dismiss cases which are ignored by the parties, especially if by the plaintiff.

    If you were named in the proceedings or you filed your appearance, you should have been notified.

  2. Joseph Younes

    Contributor Level 14

    1

    Lawyer agrees

    Answered . It does not appear that the case has been dismissed entirely from what you have indicated, since a Motion to Vacate has been filed. The bank is entitled to re-notice the Motion and present it to the Judge, assuming the original motion was filed within thirty days of the original dismissal. Once a proper motion is presented, the case can in fact be reinstated without re-filing.

  3. David Alan Zipp

    Contributor Level 11

    Answered . A motion to vacate is a petition of the Court to change a previous order or judgement. A strike from call simply means that on that particular docket of the Court, for any number of reasons, this case, nor its participants are expected by the Court to be heard.

    Be careful that you do not have several actions going on and perhaps are merging two unrelated actions. This can happen in foreclosure actions when there is one property which has been used as collateral for different loans from different lenders.

    If you are in McHenry County, you can learn much about your case online utilizing the McHenry County Public Case Access webpage you can access here: http://68.21.116.46/wow65/runApp?id=0

    You, or perhaps more appropriately, your father should consult with an attorney with regards to this foreclosure action.

    Best of luck.

    This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and... more

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