Illinois Order to Stay Foreclosure Sale

State:
Illinois
Control #:
IL-SKU-2591
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PDF
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Description

Order to Stay Foreclosure Sale

An Illinois Order to Stay Foreclosure Sale is a legal document issued by the court which temporarily halts the foreclosure process on a property in the state of Illinois. This order is typically issued when the homeowner has filed an objection, motion, or other court action to challenge the foreclosure. The order stays the foreclosure sale, allowing the homeowner more time to pursue a solution and to work with their lender to avoid foreclosure. There are two types of Illinois Order to Stay Foreclosure Sale: an Automatic Stay and a Discretionary Stay. The Automatic Stay is issued automatically when the homeowner successfully files a court action to challenge the foreclosure. The Discretionary Stay is granted by the court on a case-by-case basis, typically when the homeowner has presented sufficient evidence to support their objection to the foreclosure.

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FAQ

How Can I Stop Foreclosure in Illinois? Your First Move: Find the Right Foreclosure Attorney. Negotiate with the Lender to Resume Payments. Request a Loan Modification. Seek Special Relief: CARES Act And COVID-19. Address Payments Missed By Mistake. Take the Case to Chicago Courts. Turn the House over to the Lender.

In Illinois, it can take approximately 12-15 months for a foreclosure to be completed. Call your lender or a HUD-certified counseling agency as soon as you can.

O Motion to Stay a Foreclosure Sale asks the judge to delay the sale of the property; AND o Notice of Motion to Stay a Foreclosure Sale tells all parties in the court case that you are asking the judge to delay the sale of the property and the hearing date and time. o If you think a document would be helpful to your

(Redemption refers to your right to pay off your loan, usually through a sale of the house or refinance.) Your house will be sold at a sheriff's foreclosure sale. Order confirming the sale of your property and order for eviction is entered. Order for eviction is stayed 30 days (giving you 30 days to move).

You can stop the Sheriff's Sale and Foreclosure Process by a number of methods. Sell your property. You can sell your property...........Refinance your home. You can refinance your home and pay off the mortgage........Reinstate your mortgage.

If you miss your mortgage loan payments, your lender can cause your home to be sold to pay off your mortgage loan. This procedure is called foreclosure.

In Illinois, your mortgage loan will automatically default after 90 days without payment. At this point, your lender will send a Notice of Default (NOD), which serves the purpose of informing you of their intent to foreclose on your property due to lack of payment.

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The Order to Show Cause to stop the sale should ask the Court to stay the sale until the Judge makes a decision. The foreclosure sale takes place at a public auction, usually at a county courthouse.Once payment is made, the winning bidder takes ownership of the property. Plaintiff must immediately give a copy of this Order to Stay the Foreclosure Sale to the: DO NOT complete this section. The judge will sign and date here. If the homeowner loses at summary judgment, the court orders sale of the home. Learn and understand the six phases of foreclosure. The motion to stay must be filed within 15 days after the mediation is held. The sheriff has 150 days from the writ of execution to auction the property. Fill out the top portion of the Order.

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Illinois Order to Stay Foreclosure Sale