My home was sold thru foreclosure auction on 10/5/2012 and the attorney notice of sale had a move out date of 11/5/2012. My attorney told me that the sale confirmation date is 2/8/2013. Can I stay at the house until 2/1/2013 since I have to save money to move with. Or how long do I have. Do I have to move out by 11/5/2012 or do I have a little more time to save money to move on?
My attorney told me that I have until 3/8/2013. I need to be sure.
Defendants do not have to move until 30 days AFTER the Judge confirms the sheriff's sale. I don't know what the Notice of Sale says that you are referring to but it is always 30-60 after confirmation that you must move or face an eviction action by the sheriff.
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You have an attorney on the action - recommend you consult him or her for details.
Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
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Your attorney is correct. Pursuant to Illinois law, you have a minimum of 30 days to move out from the date of entry of the order confirming sale. Since your hearing is on 2/8/2013, you will have 30 additional days to remain in the home (assuming the order is entered). I believe the applicable statute is 735 ILCS 5/15-1701. Trust your lawyer; it sounds like he knows what he is doing.
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