House & Apartment

If a judgment An official decision by a court that ends the dispute between parties of foreclosure A forced sale of property when a person doesn't make payments on a loan has been entered against you, you can file a Motion to Stay Judicial Sale to hold off the judicial sale of your home if:

• You are going to ask the court to vacate or undo the foreclosure judgment and do not want your home to be sold before the court can consider your request; 
• You are in the process of modifying your existing loan with the bank;
• You are in the process of applying or have been approved for financing from the Illinois "Hardest Hit" Fund. This program stopped taking applications in April 2019,
• You have found a buyer for your home and have a signed written contract for the sale; or
• You are in the process of refinancing your home with a loan that will cover your the existing mortgage A loan given by a bank that is used to help someone buy a home 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 should be filed as soon as possible.
• You must request a hearing When the parties in a case present their sides of a case to a judge or other officer date when you file the motion.
• You must be given a hearing date before the sale date. 
• You must give a Notice of Motion A document that gives notice to the court and the other party. It explains someone has filed a motion, and where and when that motion will be argued before a judge.  to the Plaintiff's A person or party that starts a lawsuit attorneys to inform them when the court hearing is scheduled. Local rules Rules that only apply in a specific courtroom, court house, or location govern how many days in advance you must give such notice.
• You must be prepared deliver a copy of the motion to opposing counsel Another name for a lawyer the same day you file.
• If the sale is scheduled to occur soon and notice is not possible, you can still request an “emergency" hearing on your motion . An emergency hearing may be conducted without the Plaintiff being there . However, some counties require that you still provide "emergency notice" to the Plaintiff or notice after the hearing is held . Cook County, has specific rules about filing an emergency motion to stay a judicial sale.

The Motion to Stay Judicial Sale requires the following paperwork:

• Motion to Stay Judicial Sale,
• Notice of Motion,
• Notice of Sale: This document is filed by the Plaintiff and mailed to the property address. The document should include the date of sale and be attached as an exhibit A document introduced as evidence in a trial to the motion,
• If the stay is so you can seek to vacate or undo the foreclosure judgment you will also need to file a motion to challenge the judgment, such as a motion to vacate default judgment When a person loses a case because they don't file an appearance or show up in court if judgment was entered against you by default. You can make this request within the same motion or a separate motion. 
• If the stay is because of a loan modification, you also need a written copy of the loan modification application signed and dated. If possible, bring any letter from the bank that shows the loan modification is under review,
• If the stay is because of "Hardest Hit" financing, you also need a written letter from Hardest Hit saying have been approved. This program stopped taking applications in April 2019,
• If the stay is because of a potential purchase of the home, you also need the written contract signed by the buyer and seller with closing date and evidence Anything used to show that something is true of proof of funds, and
• If the stay is because of a refinance, you also need 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.