I am going through a foreclosure process. A judgement was entered in Cook County in November of 2014. My house is on auction sale date of 7/15/2015.
If you are a tenant, it can take quite a while, though you need to make sure that you are not evicted by accident. The sheriff can evict the owner as soon as the court enters an order of possession, I do not believe he is backlogged more than a few weeks now.
If you are the owner you should ask this question in the foreclosure practice area, not landlord-tenant.
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I believe, from the way you are asking the question, that you are the owner of the property. Have you done anything in the case so far, I am not saying there are any issues in your case, however I suggest you have an attorney look at the file and see if everything was done properly.
If you are not trying to fight the case or look to see if there were any problems in the filings, then I suggest that you, as the owner that is named in the case, go to the court date on the 15th and ask the judge for an extension. Usually the judge automatically grants a 30 day stay on the order of possession, however if you ask the judge and have any reasons that he believes are just he can, on his own discretion, extend that order of possession to 60 or 90 days.
Usually, after the 30th day, the order of possession will be placed with the county sheriff, at that point, depending on how backlogged they are they will have the authority to remove ONLY THOSE NAMED ON THE ORDER OF POSSESSION. This can happen as soon as the 31st day, but I have seen some instances where it could take a month. I don't believe the sheriff's office is backlogged at the moment so it could be anywhere between the 31st to 45th day after July 15, 2015.
I think the best option is to see an attorney that has reasonable experience in the foreclosure process to see what all your options are, if any.
If your house was auctioned yesterday, then you may have a couple of months before you will lose possession of the home. The next step in the process is a "confirmation hearing," which is where the bank will present the results of the foreclosure auction to the court along with a final accounting of the amounts still due on the loan, etc. This will be about a month from now, typically. This would also by the time for an attorney to object if any of those things, including and pre-filing pleadings or procedures were improper in your case. Should you not attend this hearing, you will likely have 30 days to either repay the entire loan or vacate the premises. On the other hand, requesting time to file a response to the motion to confirm the sale, called a briefing schedule, will likely result in the court giving you and the bank a month or two to present arguments against or in favor of confirmation. Should the judge not find merit in your arguments when you return to court, you are then back to the 30 days to vacate stated above, though you may request a longer period of time.
Also important, though you do not ask it in your question, is the issue of a deficiency judgment. These days, banks are nearly always asking for the borrower to, in addition to losing their home, repay whatever portion of the loan was not paid through the price bid at the foreclosure sale resulting in a "deficiency" in the amount still due on the loan. You should take whatever steps are necessary to avoid this at all costs, including hiring an attorney to either request that no judgment be entered at confirmation or to evaluate you for a potential bankruptcy filing to avoid the asset seizures and/or wage garnishments which may come from the judgment, not to mention the existence of the judgment will prevent you from ever getting a new mortgage until it is satisfied or dealt with in some way.
Information conveyed here is understood to be of a general nature, as not all facts can be considered. This is not legal advice and should not be construed as such. Always consult a locally-licenses attorney for full legal advice.
My most conservative estimate is that you have until July of 2016. The first reason my estimate is conservative is because you will still be the owner on 7/16/15 and often for months thereafter because ownership actually changes upon confirmation of the auction, not at the auction. Should you exercise the special right of redemption which, when applicable, expires thirty days after the confirmation of the sale, you would remain the owner indefinitely, so the issue of title, let alone possession will take months to resolve. I started working in this particular area in 1994, picking up in the process, right where your are now, and by working for the bank, I learned that the foreclosure only serves to evict title holders. There is a paragraph in the order confirming the auction which usually states that the Sheriff cannot evict occupants who are not named individually in the order, and family members over 18 who are not on title, are rarely included in the foreclosure case. I can explain every single twist and turn, but to put it simply, the way to get possession after a foreclosure is to file an eviction. That new case has a new judge, who makes a decision, as to any other occupants.
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