House & Apartment

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 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 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 date when you file the motion.
• You must be given a hearing date before the sale date. 
• You must give a Notice of Motion to the Plaintiff's attorneys to inform them when the court hearing is scheduled. Local rules govern how many days in advance you must give such notice.
• You must be prepared deliver a copy of the motion to opposing counsel 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 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 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 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.