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When a sheriff serves you papers, how long do you have before they can put you out in the street? very embarassing sitution

Schaumburg, IL |

how long before I have to move-

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Attorney answers 2


You should take steps to look for other living arrangements. It could take a few months for the foreclosure process to conclude.


I assume the Sheriff served you only with a foreclosure complaint. First off, you need to look at what the papers say. If the papers are the complaint to foreclose on the mortgage along with a summons then you are earlier in the process. The complaint will start off with a summons to court, then a complaint (allegations that you are in default), and then on the back a copy of the mortgage. Usually this happens when you are 4-6 months in default.
Assuming that you were served with that you probably have approximately 4-6 months until an eviction order can be entered. If you were served with something else then the answer above does not apply. But most likely you were only served with the complaint because to set a sheriff sale a motion is filed in court and they do not normally serve you with a copy unless you file an appearance in the foreclosure. They will publish the sale date and then do an order of eviction before or after the sheriff sale happens.

The foreclosure process can take up to 1 year in Illinois to point of eviction from the property.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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