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What is an appropriate appeal bond in a foreclosure matter? Is it under Rule 305(a) or Rule 305(b)?

Asked over 2 years ago - Chicago, IL

The homeowner wants to post the bond for the purpose of staying especially the order of possession pending appeal, but both the trial court and the appellate court have refused to set a bond and stay the judgment. His last hope for warding off eviction pending appeal is a supervisory order from the Supreme Court. The money part of the judgment was paid to the plaintiff by the proceeds from the judicial sale. The third party bidder consented to the plaintiff keeping the funds during the appeal. But for that same reason, the trial court refused to stay the judgment. The appellate court did not give a reason for denying the stay. The property is worth more than double the bid price. The bidder has refused the homeowner's separate monetary offers to keep the status quo pending appeal.

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Attorney answers (1)

Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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You have a lot going on in this short post. Online too little exists to make a valid observation. Meanwhile, you do have rights but nothing is getting done. Simply put, you need to retain an attorney to advise what next steps are available given your matter and its lengthy procedural history.

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No one online can know what is going on in your case because online we cannot find out any details about the tenant, the lease, the rulings made so far etc..... You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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