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Kevin O'Flaherty

If the bank holding your mortgage has filed a foreclosure action against you and received a judgment of foreclosure from the Court, you will still have a significant amount of time in your home before you are required to vacate the premises.

The borrower has 90 days after the date of judgment to redeem the property.  In order to redeem, you must pay all amounts due and owing to the bank.  A sale on the property cannot take place until after the redemption period.  After the redemption period has expired and proper notice has been given by the bank, the property can be sold.  This is usually done by the Sheriff.

Following the sale, the Sheriff or selling officer must make a Report of Sale within 10 days.  After the Sheriff confirms the sale, the bank will be required to file a motion to confirm the sale with the court.  The motion cannot be heard less than 5 business days after the Report of Sale, but is usually heard 21 to 30 days after the sale.   If the court confirms the sale, you will then have 30 days to vacate the property.  If you do not do so at that time the bank can ask the sheriff to have you removed.For your reference, the statute governing the post-judgment foreclosure process is 735 ILCS 5/12-1508.

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.

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