My condo has been sold at auction on Jan 4th. I can't seem to find out if it's been confirmed... the electronic docket I keep checking online...says case is pending... I'm packing up things obviously.... I just want to know when I need to get out... The bank took the unit back..... a realitor has been by and left info in mail box of the Assoc. President but I have received NOTHING saying...the condo is sold....or when the bank wants the property vacant... Will I get a 30 day notification...? or is the sherrif just going to show up???
You should receive in the mail a copy of the plaintiff’s motion to confirm sale, along with a notice of motion, apprising you of the date, time, and location of presentation of the motion (this information should also be online at some point after the motion is filed). Any order confirming the sale would, among other things, award possession to the purchaser as of the date 30 days after the order’s entry. Good luck.
Robert T. Kuehl
Kuehl Law, P.C.
You should and probably will get a notification. The auction was just two weeks ago, and therefore, it's unlikely that the sale has been confirmed. I'm not sure how quickly the banks are getting around to confirming sales, but the volume of cases in the foreclose division of Cook County is incredible. As a result, it can and does take months to get before a foreclosure division judge for a motion, including a motion to confirm a sale. Continue checking your mail and the electronic docket.
The best source would be to speak with the Trustee who conducted the sale of the property for the lender. At that point you will know that status. If reverted back to the lender or sold to a 3rd party. Then either the new owner or the lender will have to file an Unlawful Detainer Action to seek possession of the the property.
Chapter 7 Bankruptcy Attorney
In Chicago, if the property is vacant possession is awarded thirty days after the judgment of foreclosure and sale is entered. If the creditor is not seeking a deficiency judgment it is sixty days, and if a deficiency judgment is sought it is ninety days. So, an eviction would give you at least another thirty days on top of those time periods before an eviction would be ordered. An eviction can be stayed, and an eviction can be vacated if the facts are right, so it appears as though you have a number of months still before you have to vacate.
Any information provided is meant merely as a courtesy in providing general legal information, and should, under no circumstances, be construed as individual legal advice directed to the person asking the question(s) directed to me.