Motions to Dismiss for IMFL Violations PDF Print E-mail

The Illinois Mortgage Foreclosure Law (IMFL) requires the lenders’ attorneys to follow a strict code of procedure, or face dismissal of their lawsuit. Examples of motions which can challenge compliance with the law by the defendant-consumer, include:

  • Failure to properly serve summons and complaint;
  • Failure to identify the true holder of the mortgage as the Plaintiff, for example, when the mortgage has been sold to another bank once or more;
  • Failure to include the proper defendants in the foreclosure complaint;
  • Failure to properly notice the judicial sale;
  • Improper or incomplete complaint;