What does it mean in a foreclosure case when a Certificate of Publication is filed?

Asked about 2 years ago - Cicero, IL

My house is in foreclosure and is scheduled to be auutioned off in 2 weeks I filed papers asking the judge to Vacate the order and papers to Extend time for filing and we go to court on Nov 2 but my house is scheduled to be acutioned off before then. I thought that because I filed a motion asking for more time they cant auction my house off until i go to court but it still shows that it will be acutioned off in 2 weeks now when I look online it also shows Certificate od Publication filed. What does this mean? Does this mean the house is for sure going to be acutioned off in 2 weeks? If so how long before I have to get out and do I still have to go to court in Nov to try to stop the foreclosure.

Attorney answers (3)

  1. Jack Robert Levin

    Contributor Level 3

    2

    Lawyers agree

    Answered . The plaintiff is required to publish the notice of the sale in a newspaper prior to the sale. The notice must run for 3 consecutive weeks. Filing a motion does not operate as an automatic stay of the foreclosure. If the Plaintiff so chooses, it can proceed with the sale before your motion is heard but that would be unwise on their part. Once the sale takes place, the Plaintiff must return to court [usually within 30-40 days] and ask the judge to approve the sale. If the judge approves the sale, you have at least 30 days to vacate the property before an eviction proceeding is filed. If you ask the court, you can be granted 45-60 days depending on the judge and your circumstances.

  2. Tara Leigh Goodwin

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I am not sure exactly what you filed, but the Certificate of Publication was likely the notice they are required to publish before a sale. Once the sale is conducted, they have to go to court and get an order confirming the sale. An order for possession is not entered until after that point, and they usually give the person at least 30 days. If you really want to save the house, you should speak to an attorney right away, because once the sale is confirmed, it is much harder for anything to be done to stop the foreclosure.

    The above response is not intended to create, nor does it create either an attorney-client relationship or an... more
  3. Joseph Younes

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You need to get in front of the judge on an emergency basis.

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