Legal Question in Real Estate Law in Illinois

what if the court date has already passed on the notice of motion?

I received a notice of motion that stated on Oct. 1st @ 2:30 that counsel will be heard to move the court for the entry of an Order Approving the report of Sale and Distribution and for an Order of Possession that will allow the Sheriff to evict. It goes on to state that the mortgagor has the right to remain in possession for 30 days after entry of an Order of Possession in accordance with section 15-1701 (C) of the Illinois Mortgage Foreclosure law. On the date stated above it says they were moving to enter the Order of Possession. How long do i have till i need to be out of the property? Will i receive something in the mail stating that the motion has been entered and telling me when i need to be out of the place? I just don't want to come home and have my locks changed and all my stuff out on the curb.


Asked on 10/20/08, 6:27 pm

1 Answer from Attorneys
Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: what if the court date has already passed on the notice of motion?

The best thing to do of course, would've been to show up in court on the date they move for an order of possession. But what usually happens is that the order for possession is entered on the date it's up in court and possession is usually "stayed" for 30 days, giving you 30 more days of possession. Then after 30 days, the new owner (usually the bank) will give it to the sheriff to enforce. The sheriff is usually a couple weeks behind but is very busy right now (don't quote me because it varies).

What you may want to do is call the bank (or their attorneys) and offer to move out on a date certain. Sometimes, the bank even gives you a small financial incentive to do so ($500 - $1,000). Whether they're still doing that or not, I don't know.

Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.

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Answered on 10/21/08, 4:08 pm


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