- Who sends it
- The buyer at the sale or the holder of the certificate of sale or deed
- What it starts
- Nothing you must do by a deadline; it tells you who to contact and where to pay rent
- Do this first
- Keep proof of rent you paid and call legal aid before you move
What this document is in Illinois
Within 21 days after a foreclosure sale is confirmed, the new owner must try to identify everyone living in the building and send each known occupant a written notice (735 ILCS 5/15-1508.5(a)). It must say the property was foreclosed and control has changed, give a name, address and phone for concerns and repairs, give the case name, number and court, and explain how to pay future rent.
It must include this sentence or similar words: "This is NOT a notice to vacate the premises. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have." A similar notice must also be posted on the main entrance of each unit within 21 days (735 ILCS 5/15-1508.5(e)).
It is mainly for renters and other occupants. The former owner named in the case usually gets an order of possession instead. See the national tenant notice after foreclosure page for federal renter protections.
What it does and does not mean
- It is not an eviction order. Only a court order that names you personally can be used to remove you (735 ILCS 5/15-1508(g)).
- A bona fide lease is not ended just because the property was foreclosed (735 ILCS 5/15-1506(i)(3), 15-1701(e)).
- If you already paid this rental period's rent to the old owner or manager, the new owner cannot make you pay it again or end your tenancy for it (735 ILCS 5/15-1508.5(d)).
- If the new owner skips this notice, it cannot collect rent from you or end your tenancy for nonpayment until it sends the notice.
Deadlines for the new owner, and your time to stay
- 21 days after the order confirming the sale: the new owner's deadline to send and post the notice. If it learns of an occupant later, it has 7 days from then.
- Eviction: to remove an occupant not named in the foreclosure, the owner must file a supplemental eviction petition within 90 days after confirmation, or a separate eviction case. The hearing on a supplemental petition must be at least 21 days after you are served.
- If you are current on rent, or were never told in writing where to pay, or tried in good faith to pay, an eviction order must let you stay for 120 days after the notice of hearing was served or until your lease ends, whichever is shorter, and at least 30 days from the order (735 ILCS 5/15-1701(h)(5)).
- These rules do not apply to a renter with a bona fide lease under the supplemental petition process. Ask legal aid which rules cover you.
What to do this week
- Keep the notice, your lease and proof of every rent payment.
- Pay rent the way the notice tells you, and keep receipts.
- If you get court papers, go to the hearing. Do not move out just because of a letter.
- Call Illinois Legal Aid Online or Illinois Court Help at 833-411-1121. In Cook County, Cook County Legal Aid for Housing and Debt is at (855) 956-5763. Local rules, such as city ordinances, may give more protection; we did not review them.
- Read after the foreclosure sale in Illinois.
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
Do I have to move when I get this Illinois notice?
No. The notice must say it is NOT a notice to vacate. Removing an occupant requires a court order that names that person, after a hearing.
Who do I pay rent to after an Illinois foreclosure?
Follow the payment instructions in the notice from the new owner. Rent you already paid to the old owner or manager for the current period counts, and you cannot be evicted for not paying it again (735 ILCS 5/15-1508.5(d)).
How long can a renter stay after an Illinois foreclosure?
It depends on your lease and rent status. Under a supplemental eviction petition, an occupant who is current on rent can stay 120 days after the hearing notice was served or until the lease ends, whichever is shorter, but at least 30 days from the order. Federal law may also apply. Talk to legal aid.
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.
- Notice of the motion to confirm the sale, and the order confirming the saleIn Illinois the sale is not final on auction day. The buyer or lender must ask the judge to confirm it, and you must be mailed notice. This hearing is your chance to object. If the judge confirms, the buyer can take possession 30 days later.
- 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.