Legal Question in Real Estate Law in Illinois

buying foreclosure property and how to evict previous tenants

I bought a property through a foreclosure sales. The property was occupied by both the original owner and the owner's tenant. I do not know the name of the tenant. I wonder how can I make the tenants move out of the preperty so that I can own the property completely.


Asked on 12/27/03, 3:26 pm

3 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: buying foreclosure property and how to evict previous tenants

Assuming that you did not get a specific order for possession against the individuals who currently reside in the property by name, it would appear that you would have to file a FE&D action against them. You need to consult an attorney in the county in which the property is located. This would appear to be too complicated for you to do pro se.

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Answered on 12/30/03, 2:03 pm
Thomas Moens Moens Law Offices, Chartered

Re: buying foreclosure property and how to evict previous tenants

You already own the property completely, if the foreclosure was conducted properly. Assuming the foreclosure was conducted properly, the tenants should have received notice of the foreclosure. However, it is odd that the owner and tenants were not evicted as part of the foreclosure. You may need to commence a forcible entry and detainer action, naming the tenants as unknown occupants. You would be well advised to contact an attorney in your area.

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Answered on 12/28/03, 9:10 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: buying foreclosure property and how to evict previous tenants

You must look to the lease - if it is a monthly oral lease, then you can terminate the lease. You can evict the owner.

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Answered on 12/27/03, 6:50 pm


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