If a judgment of foreclosure has been entered against you, you can file a Motion to Stay Judicial Sale to hold off the judicial sale of your home under certain circumstances. If one of the following situations applies to you, you should file a Motion to Stay Judicial Sale:
- You are in the process of modifying your existing loan with the bank;
- You are in the process of applying for financing from the Illinois Hardest Hit Fund, or have been approved for financing from the Illinois Hardest Hit Fund;
- You have found a buyer for your home and have a signed written contract for the sale of your home; or
- You are in the process of refinancing your home with a loan that will cover your the existing mortgage and any other costs.
The procedural steps and legal requirements for filing a Motion to Stay Judicial Sale are as follows:
- The Motion to Stay Judicial Sale must be filed no earlier than one week before the sale date and no later than two days before the sale date. Due to this timing constraint, it is called an “Emergency Motion to Stay Sale”.
- You must also be prepared to hand deliver or fax a copy of the motion to opposing counsel the same day you file.
The Motion to Stay Judicial Sale requires the following paperwork
- Motion to Stay Judicial Sale
- Notice of Motion
- The Notice of Sale document. This document is filed by the Plaintiff and mailed to the property address. The Notice of Sale document includes the date of sale. This document will be attached as an exhibit to the motion.
- If the stay is because of a loan modification, a written copy of the loan modification application signed and dated. If possible, bring any written communication from the bank that the loan modification is under review.
- If the stay is because of Hardest Hit Financing, a written letter from Hardest Hit saying you’re under review or have been approved
- If the stay is because of a potential purchase of the home, the written contract signed by the buyer and seller with closing date and evidence of proof of funds.
- If the stay is because of a refinance, a written copy of the refinance application signed and dated
Use our guided interview program to prepare your Motion to Stay a Judicial Sale.
Learn more about Preparing, filing, and presenting motions in court.
Updated: May 2018