In Illinois, homeowners facing foreclosure may ask the court to delay the sale of their property in order to give them more time to explore their options, such as loan modification or other foreclosure prevention strategies. This process is known as a motion to stay or delay the foreclosure sale. The motion must be filed with the court, and the judge will decide whether to grant the motion. There are two types of motions to stay or delay a foreclosure sale in Illinois: a motion for an emergency stay and a motion for a temporary stay. A motion for an emergency stay is typically used when the foreclosure sale is imminent and the borrower needs immediate relief. The borrower must demonstrate to the court that an emergency exists and that they need an immediate stay of the foreclosure sale to prevent them from losing their home. A motion for a temporary stay is typically used when the foreclosure sale is not imminent, but the borrower needs more time to explore their options. The borrower must demonstrate to the court that they have a good faith effort to resolve the delinquency or modify their loan and that they need a temporary stay of the foreclosure sale to give them more time to pursue those options. In either case, the borrower must provide the court with evidence that they are making a good faith effort to resolve the delinquency or modify their loan, and must show that the proposed stay would not be detrimental to the lender.
Illinois How to ask the Court to Delay a Foreclosure Sale
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