***JUDG. OF FORECLOSURE & SALE(SET FOR MOTION HEARING)

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***JUDG. OF FORECLOSURE & SALE(SET FOR MOTION HEARING) is set for 3/20/12. We are unclear if this means that on that day the house will be foreclosed on. Do we only have 30 days from that date to move out? Should we even appear at the court, and do we need an attorney at this point? Thank you

Attorney Answers

3
Mara Baltabols ·
The other attorneys provided you with good information regarding the timeline for foreclosure, but I wanted to add one more thing. If you want to get involved in the case at all, and especially if you have been working on a loan modification, now is close to your last chance to hire an attorney or represent yourself pro se. After judgment is entered, it gets more and more difficult to impossible to defend the foreclosure.
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Robert Kuehl ·
That is the day the judge will decide the plaintiff’s motion seeking entry of a judgment of foreclosure and sale (assuming it’s not withdrawn or continued, and no bankruptcy has been filed). Even if a judgment is entered, you would have time (specifically, 7 months from the time of service (or submission to the court’s jurisdiction) or 3 months from the entry date of the judgment, whichever is later) to pay all amounts due. After that redemption period expires, the home could be sold by way of a judicial sale, which would have to be confirmed by the court. Even if the sale is confirmed, the order of possession would be stayed for 30 days. I would strongly encourage you to sit down with an attorney and all relevant documentation to discuss your options. Hope this helps. Good luck to you.
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Steven Leahy ·
This is the date that the mortgage company will appear in court and ask the Judge to enter judgment against you. After judgement is entered you have 3 months to redeem - pay the full amount owed. After the redemption period (often 3 months and 1 day), the auction can occur. After the action, the mortgage company must get the sale confirmed. Under the Illinois Mortgage Foreclosure Law, the buyer at the auction can take possession of the property 30 days from that day. Whenever you are being sued, you should get involved in the law suit. That rule is especially important in a foreclosure case. Often, an experienced attorney can help in this kind of situation. Most attorneys will offer a free consultation. You should take advantage of the free information BEFORE the March 20, 2012 date. I hope this helps. Respectfully, Steven A. Leahy www.chicagotaxteam.com
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