Death of a Party

Under Illinois law, a Court may appoint a "Special Representative" which allows a case to continue even when a party has passed away, and even

when no family member ("heir") or person named in a Will ("executor") has never been appointed an Adminstrator under the Probate Act.  Since a

landmark Illinois Supreme Court case ABN v. McGahan, it has been the custom and practice of Illinois Foreclosure Judges to appoint a Special

Representative to allow a Foreclosure case to continue when the mortgagor is dead.

Some important issues with the appointment of a Special Representative in Foreclosure cases: