R
Red6849
Guest
- Jurisdiction
- Illinois
Hello, I am trying to understand if a motion to dismiss is considered a "REPLY" to a complaint?
I had a bank come looking for a deficiency from a short sale 5 years ago. I denied the complaint on the basis that we had a modified agreement that clearly stated the bank was accepting less seeing they triggered the short sale by forcing a loan to be refinanced at a higher rate (long story..I wont bore you with it).
The issue I have...I filed an answer, affirmative defenses and counterclaims.
They filed a motion to dismiss all of my response.
The judge DENIED their request and I have three counterclaims now: 1) promissory estoppel, 2) intentional misrepresentation and 3) breach of contract.
The judge's order set a response date for their REPLY and they missed it! The court order was very clear in the deadline for them to "provide a reply".
So I am trying to understand....are they in default?
A motion to dismiss attacks the legal grounds of the complaint....does it also act as a denial?
Trying to figure out what my next step is. Thank you.
I had a bank come looking for a deficiency from a short sale 5 years ago. I denied the complaint on the basis that we had a modified agreement that clearly stated the bank was accepting less seeing they triggered the short sale by forcing a loan to be refinanced at a higher rate (long story..I wont bore you with it).
The issue I have...I filed an answer, affirmative defenses and counterclaims.
They filed a motion to dismiss all of my response.
The judge DENIED their request and I have three counterclaims now: 1) promissory estoppel, 2) intentional misrepresentation and 3) breach of contract.
The judge's order set a response date for their REPLY and they missed it! The court order was very clear in the deadline for them to "provide a reply".
So I am trying to understand....are they in default?
A motion to dismiss attacks the legal grounds of the complaint....does it also act as a denial?
Trying to figure out what my next step is. Thank you.