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mariaivory

Eviction and Possession

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Sir/Madam:

 

I am being evicted from my deeded/owned Condominium.  I am the defendant.

 

The Plaintiff and I were given a date to select jury and a date for a jury trial.

This was the order of the bench judge on the last hearing date.

 

The Plaintiff has now filed for a "Summary Judgment" before the jury trial

and the went to court again, unbeknownst to me and got an order for

me (defendant) to answer the Summary Judgment pleading prior to

the jury selection and trial.

 

Once the judge had issued the order for a jury trial & given each litigant

paper instructions of the required proceedures & exhibits, etc. for the

jury trial,  how then can the Plaintiff go before the judge behind my

back & file and plead for a "summary judgment"? and get an order

demanding I respond the pleading before the jury trail... which now

seems to be moot.???   Is this legal???

 

Please respond ASAP,  Thank you,  M. Ivory

 

Do I have to go to court to re-instate with an order, the jury

trial??  

 

 

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58 minutes ago, mariaivory said:

how then can the Plaintiff go before the judge behind my

back & file and plead for a "summary judgment"? and get an order

demanding I respond the pleading before the jury trail... which now

seems to be moot.???   Is this legal???

 

Yes, it's legal, and common. A Motion for Summary Judgment can be filed pretty much at any stage of the litigation. Google it and you'll find plenty of information about it.

 

The jury trial is not moot. If you respond properly to the MSJ and get it denied you proceed to the jury trial.

 

1 hour ago, mariaivory said:

Do I have to go to court to re-instate with an order, the jury

trial??  

 

You have to respond to the MSJ and tell why the MSJ should not be granted.

 

37 minutes ago, reenzz said:

You neeed a lawyer...like yesterday.

 

Absolutely.

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15 hours ago, mariaivory said:

I am being evicted from my deeded/owned Condominium.

 

If you own the condo, how could you be evicted?  What is the nature of your relationship with the plaintiff?

 

 

15 hours ago, mariaivory said:

Once the judge had issued the order for a jury trial & given each litigant

paper instructions of the required proceedures & exhibits, etc. for the

jury trial,  how then can the Plaintiff go before the judge behind my

back & file and plead for a "summary judgment"?

 

Summary judgment is a motion that a party can make.  It doesn't matter that trial has been set.  A party can make a motion for summary judgment at any time before the expiration of the applicable time period in the rules of civil procedure.  If you don't oppose the motion, then the court will grant or deny it based solely on the papers filed by the plaintiff.

 

I suggest you retain the services of an attorney ASAP.

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Legal Help!

I am the defendant.  The 'summary judgment' was granted.  So the eviction and possession of my

condo is granted.   Question?  I would like to Appeal the judgment to the Appellate Court.

 

Will the judge 'stay' the eviction while it is being appealed.??  M. Ivory

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I have spoken to several attorneys.  They all wish to mediate.  According to each attorney and

the judge, there is no defense for not paying assessments.  Therefore the only thing that anyone

can do for me is to charge me a fee to tell me that I have to pay the association no matter what.

 

Apparently, all the attorneys and the judge believe that an Association or any entity which incorporates 

itself, is above the law.  The building I live in is "Placarded"-- condemned.  No one can live in the building

and therefore no insurance can be obtained for a condemned building.  As there aren't any bills being

created because no one is allowed to live in the condemned building, I am still under obligation to

pay assessments to an association that is not paying any bills cause none exist.  Accordingly, no one

seems to care that this is a "constructive eviction".  Apparently, an Association is above the law.  And while a defense for "constructive eviction" is a defense in the law, apparently it does not apply to an Association.  Apparently no laws apply to an Association.

I do not need an attorney to tell me how much I owe the Association.  The Association has already told me that.

And I do not believe that a Condo Association has Carte blanche over all the laws of Illinois.   M. Ivory. 

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10 minutes ago, mariaivory said:

I do not need an attorney to tell me how much I owe the Association.

No, but you clearly needed one to not get evicted. And you are certainly going to need one if you want to appeal.

 

You never answered any of the questions asked by the volunteers here asked in order to help you I'm betting you didn't communicate any better with the lawyers you did talk to.

 

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Constructive eviction is a defense to paying rent after the party has been evicted.   In order to plead constructive eviction you would have to leave the premises so it is not a means of preventing eviction.

 

But, the statements you have just made are puzzling.  You said the building in question has been condemned - "Placarded".  If that is the case, why do you believe you should not be removed from the building?

 

 

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