My question involves judgment recovery in the State of:Illinois
Lender filed a foreclosure action with a Count to Foreclose and a Count to Reform the Mortgage due to an error in the legal description. Lender forgot to reform the mortgage, filed for summary judgment requesting a judgment against not the legal description in the mortgage, not the legal description in the reformation count, but on a third and incorrect legal description. I represent third party bidder who wants to have the sale vacated. I filed motion to vacate the judgment because of all the errors and the failure to reform the mortgage. Judge said no but that lender could file motion to reform the mortgage to be heard with the motion to confirm the mortgage.
Judge thinks he can reform and confirm all at once. I don't think so. He can't do a judgment nunc pro tunc because that could only be done to reform a judgment if the record shows the mortgage was already reformed. I think the judgment must be vacated and a new judgment entered. I think the sale must also be vacated. After the judgment is entered the owner must be given 90 days more to redeem the property.
Any other thoughts?
Lender filed a foreclosure action with a Count to Foreclose and a Count to Reform the Mortgage due to an error in the legal description. Lender forgot to reform the mortgage, filed for summary judgment requesting a judgment against not the legal description in the mortgage, not the legal description in the reformation count, but on a third and incorrect legal description. I represent third party bidder who wants to have the sale vacated. I filed motion to vacate the judgment because of all the errors and the failure to reform the mortgage. Judge said no but that lender could file motion to reform the mortgage to be heard with the motion to confirm the mortgage.
Judge thinks he can reform and confirm all at once. I don't think so. He can't do a judgment nunc pro tunc because that could only be done to reform a judgment if the record shows the mortgage was already reformed. I think the judgment must be vacated and a new judgment entered. I think the sale must also be vacated. After the judgment is entered the owner must be given 90 days more to redeem the property.
Any other thoughts?
Judgment Issues: Can the Court Amend a Foreclosure Judgement and then Reform the Mortgage in Illinois
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