This is not your normal foreclosure case. From the law I have been able to find, the court's order is a final and appealable order. The plaintiff never filed a response to my Motion to Vacate Judgment of Foreclosure nor did he argue any facts, or caselaw in opposition of said motion. The court gave the Plaintiff (90) days more for reasons unknown. I believe this is an abuse of discretion as the plaintiff never filed a motion for extension of time for good cause; did not file a motion for rehearing, or notice of appeal. I stated in my motion cause for relief: Dismiss foreclosure case based on fraud committed by "unclean hands" embezzling over $28,000 from my mortgage account and charging me interest on defrauded mortgage payments. Void the mortgage (contract) based on coercion by plaintiff by raising my mortgage payments to twice the amount on a 30 year, fixed rate loan where the plaintiff informed me they would not accept any more payments from me if I could not make the increased payments.
You have been lucky so far, but you are in way, way over your head. You need to stop pushing your luck and retain the right type of attorney on Monday. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced IL mortgage foreclosure defense attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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I dont see any actual question in this narrative. The only final order in a mortgage foreclosure action is the confirmation of judicial sale. The only exception to this rule is if you have 304a language given by the trial court judge to appeal from a summary judgment, or a denied motion to vacate default judgment. Absent this language i.e. express finding - you cannot appeal until the sale is confirmed.
A default judgment is entered where an appearance and specifically an answer has not been filed. Plaintiff firms often do not file a response to the motion to vacate default judgment and many are argued on presentment. It is unclear to me whether you are saying Plaintiff asked for time to respond and didnt. 90 days is not standard response time for a briefing schedule. A plaintiff doesnt need to file a motion for rehearing or a notice of appeal. They won. You lost. There is nothing for them to appeal.
If you try to appeal this case you need to be sure you do it when you have the right to do so i.e. confirmation of sale absent the express 304a finding. Furthermore, the standard to appeal a motion to vacate default judgment is abuse of discretion and not de novo. This gives much more deference to the trial court and their decision to not vacate the default judgment.
You may have legitimate defenses but if there is not a good reason why you did not do what you were suppose too originally i.e. file a timely appearance and answer you have a very steep hill to climb for an appeal. The burden is on you because this case defaulted and is the equivalent of nobody taking a legal interest in the matter. The fact you came in after the fact and raised defenses in the motion itself does not excuse your original duty for timely filings.
Sounds like you have a great case! I would recommend contacting an experienced attorney who will know how to correctly address all those issues. You will probably need to file Counter claims and cite to legal precedents and statutes.
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