Under Illinois law, a judgment of foreclosure does not end a mortgage foreclosure case; it remains modifiable by the trial court and is strictly interlocutory. After such a judgment is entered, the property is sold once periods for reinstatement and redemption have expired.
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A plaintiff can’t file a judgment of foreclosure and sale unless a referee submits his report. It’s likely that the referee was unwilling or unable to submit the report, and that’s why the plaintiff is moving for a successor referee. It’s highly unlikely that this action would be dismissed for failure to move for judgment at this time.
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unwilling plaintiff, which was formerly permitted only in equity pleadings, did not apply in an action at law to recover money due joint obligees. 20 professor Bliss noted 2 ‘ that later statutory enactments, referring to the Revised Statutes of Mis-
· The Court of Appeals decided that although a foreclosure is generally recognized to be an equitable proceeding, and although Ohio has a statute authorizing a sale by a master commissioner in limited circumstances, those circumstances were not present in this case, and therefore, the trial court did not have authority to circumvent a judicial sale of the foreclosed property.
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The plaintiff in Kemp originally filed its foreclosure complaint in the summer of 2006. After a complex set of challenges from the defendant, a judgment of foreclosure was finally entered in June 2009, and a judicial sale scheduled. After unsuccessfully moving for reconsideration, the defendant filed for bankruptcy.
In Wells Fargo Bank v. Young, 2011-Ohio-122, the plaintiff filed a foreclosure and when the borrower failed to file an answer, the plaintiff filed a motion for default judgment.
Cuyahoga County, Ohio, Judge Nancy Margaret Russo’s Standing Order Regarding Foreclosures. For example, within 20 days of filing the Complaint, the plaintiff’s attorney must file a Property Status Report on a form prescribed by the Court, and include the submission of a photograph of the subject property taken within 10 days of filing the complaint. The failure to do so may be grounds for dismissal.
For Ashley Sprague, a 27-year-old mother of five from Lebanon, Tennessee, who is a plaintiff in that case. system does not differentiate between those unable to pay from those unwilling to pay. "By.