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.
Consumer Protection Attorney
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 ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. Some responses may be advertising material. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice. Answering this question does create a duty to keep information confidential, nor does it prevent me from representing an adverse party. Advertising Materials.
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 lawyers agree