- Who sends it
- The lender's lawyer or the buyer, by first class mail, even if you were defaulted
- What it starts
- A court hearing on confirming the sale, then 30 days before the buyer gets possession
- Do this first
- Write down the hearing date, go to the hearing, and call legal aid
What this document is in Illinois
After the sale, the person who ran it files a report of sale with the court. A party then files a motion asking the judge to confirm the sale and gives notice of the hearing (735 ILCS 5/15-1508(a), (b)). For a home, the notice must be mailed to you first class even if you were held in default: to the address on your appearance if you filed one, otherwise to the property address (735 ILCS 5/15-1508(b-5)).
Unless your right to possession was already ended, the notice must say in bold capital letters: IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF POSSESSION. The buyer at the sale holds a certificate of sale that says it is subject to confirmation; see the national certificate of sale page.
What the judge decides
- The judge must confirm the sale unless the required notice of sale was not given, the terms of sale were unconscionable, the sale was conducted fraudulently, or justice was otherwise not done (735 ILCS 5/15-1508(b)).
- The confirmation order can approve the lender's added fees and costs and can enter a personal deficiency judgment against you, but only if the complaint asked for it and you were personally served or appeared (735 ILCS 5/15-1508(e)). See Illinois deficiency judgments.
- The order awards the buyer possession as of 30 days after it is entered (735 ILCS 5/15-1508(g)).
- An eviction order can be entered and enforced only against people named personally in the complaint or in a supplemental petition, never against someone listed only as an unknown occupant, and never against a renter with a bona fide lease.
Your deadlines and how to count them
- Objections: raise them at or before the confirmation hearing. A homeowner living in the home who did not get required notice of the sale can ask, by motion with an affidavit before confirmation, to set the sale aside without posting a bond (735 ILCS 5/15-1508(c)).
- Motion to Vacate a default judgment: the Illinois Courts instructions say it can be filed only up until the lender files the motion to confirm the sale.
- Possession: count 30 calendar days from the date the confirmation order is entered, not from the sale date (735 ILCS 5/15-1701(d)).
- Special right to redeem: only if the lender bought the home for less than the redemption amount, you can redeem within 30 days after confirmation by paying the sale price plus costs and interest (735 ILCS 5/15-1604).
- After the redemption period, the lender can ask the court to make you pay a monthly amount to stay until the 30th day after confirmation, unless you show good cause (735 ILCS 5/15-1701(c)(2)).
What to do this week
- Go to the hearing in person or remotely, as the court allows. Bring the notice of sale, any letters from your servicer and proof of any pending application or agreement.
- Read the report of sale in the court file. Compare the sale price with the judgment to see whether there may be a surplus or a deficiency.
- If you need time to move, ask the lender's lawyer or the buyer in writing. Get any agreement in writing.
- Read after the foreclosure sale in Illinois.
Free help in Illinois
Use Illinois Legal Aid Online to apply for free legal help, or call Illinois Court Help at 833-411-1121 or the Attorney General's Homeowner Helpline at 866-544-7151. In Cook County, Cook County Legal Aid for Housing and Debt is at (855) 956-5763. See Illinois foreclosure help.
The rest of the Illinois process
See how foreclosure works in Illinois, the timeline, ways to stop it and free help in Illinois, or read the national guide to this letter.
Common questions
Is an Illinois foreclosure sale final on auction day?
No. The buyer gets a certificate of sale that is subject to confirmation by the court. A deed issues only after the judge confirms the sale and the price is paid (735 ILCS 5/15-1507(f), 15-1509(a)).
How long can I stay after an Illinois sale is confirmed?
The buyer's right to possession starts 30 days after the confirmation order is entered (735 ILCS 5/15-1508(g), 15-1701(d)). The time between the sale and the hearing is extra.
Can the Illinois judge refuse to confirm because the price was low?
The statute lists four reasons to refuse: required notice was not given, unconscionable terms, fraud, or justice otherwise not done. A low price is not listed by itself. Ask a lawyer whether your facts fit one of the four.
Other Illinois letters
- Summons and Complaint to Foreclose Mortgage, with the Homeowner Notice (Important Information for Homeowners in Foreclosure)In Illinois, every home foreclosure is a lawsuit, and the summons is how it starts for you. You have 30 days after you are served to file an Appearance and Answer, and 90 days to catch up the loan. You still own your home and can keep living there.
- Notice of Entry of Default and Judgment of ForeclosureThis notice from the circuit clerk means the judge entered an order of default and a judgment of foreclosure because you did not respond in time. The home has not been sold yet. You may be able to ask the judge to undo the default, and your redemption rights continue until the date in the judgment.
- Notice of Sale (judicial sale)An Illinois notice of sale gives the date, time and place of the court-ordered sale of your home. It can be published while you still have time to redeem. The sale is not final until a judge confirms it, and you may still be able to stop or delay it.
- Special Notice of Surplus FundsIf your Illinois foreclosure sale brought in more than the judgment, the extra money may belong to you. This notice tells you the amount and includes a petition form. You claim it by asking the judge in your foreclosure case. You do not need to pay a company to do it.
- Notice to known occupants that control of the property has changedAfter an Illinois foreclosure sale is confirmed, the new owner must tell the people living in the building who now controls it. The notice must say it is NOT a notice to vacate. If you rent, you may have the right to stay for a time, and you cannot be removed without a court order naming you.