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  1. #1
    Join Date
    Aug 2013

    Default Eviction Process After Foreclosure in Illinois

    My question involves landlord-tenant law in the State of: Illinois, Cook County, Streamwood

    I lost a foreclosure case in Cook County. On March 15, 2017, the court issued an "Order Approving Report of Sale and Distribution, Confirming Sale, and Order of Possession".

    735 ILCS 5/9-117 begins:
    No eviction order obtained in an action brought under this Article may be enforced more than 120 days after the order is entered, unless upon motion by the plaintiff the court grants an extension of the period of enforcement of the order.

    I'm unclear on "brought under this Article". Does this statute apply to an order for possession arising from a foreclosure?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Eviction Process After Foreclosure in Illinois

    The procedures are different for a foreclosure vs. a forfeiture. If the case proceeds as a foreclosure under Article XV (Mortgage foreclosure), ILCS 735 ILCS 5/15-1101 et seq., then Article IX does not apply. If the mortgage foreclosure procedure is not required, the seller must comply with the provisions of the Forcible Entry and Detainer Act (FEDA), 735 ILCS 5/9-101 et seq., as set forth in Article IX, in order to effect a forfeiture of the buyer's interests.

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