Legal Question in Real Estate Law in Illinois

Notice of motion

I live in illinois and my property is getting foreclosed on. I received a letter the other day stating that they are moving for an entry of an Order of Possession. It then goes onto state that I have the right to remain in possession for 30 days after entry of an Order of Possession. So will i receive another letter stating that the order of possession has been entered? When i receive that letter will it then state that i have 30 days to vacate? The wording on this is kind of confusing. I figured i would receive a final letter stating that i have 30 days to vacate. I'm just trying to figure out how much time i have till the sheriff will throw me out. Any help is much appreciated. Thank you so much in advance.


Asked on 10/20/08, 5:10 pm

2 Answers from Attorneys

Nicholas Chrisos Nicholas G. Chrisos Attorney at Law

Re: Notice of motion

The best thing to do, as the other attorney says, is to show up in court on the date they move for an order of possession. But what usually happens is that the order for possession is entered on the date it's up in court and possession is usually "stayed" for 30 days, giving you 30 more days of possession. Then after 30 days, the new owner (usually the bank) will give it to the sheriff to enforce. The sheriff is usually a couple weeks behind but is very busty right now (don't quote me because it varies).

What you may want to do is call the bank (or their attorneys) and offer to move out on a date certain. Sometimes, the bank even gives you a small financial incentive to do so ($500 - $1,000). Whether they're still doing that or not, I don't know.

Please understand that this reply is being posted for informational purposes only and is not intended to be legal advice. Legal advice can only be given after reviewing all the facts of your individual case and is only provided to clients of the firm after a review of all necessary documents. This communication is not intended to create a lawyer/client relationship and I specifically state to you that you are not a client of the firm.

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Answered on 10/21/08, 4:05 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Notice of motion

If you want an order regarding possession, it is a good idea to show up at the court date set by the notice of motion and request a specific date.

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Answered on 10/20/08, 5:13 pm


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