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  1. #1
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    Aug 2013
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    Default Can a Property Buyer Continue a Pending Eviction Action

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

    Fannie Mae foreclosed on my house. They sold it to themselves at a foreclosure auction, and the court approved the sale and issued an order of possession including:
    IT IS FURTHER ORDERED: That upon request by the successful bidder, including any insurers, investors, and agents of Plaintiff is entitled to and shall have possession of the premises as of a date 60 days after entry of this Order, without further Order of Court, as provided in 735 ILCS 5/15-1701;

    10 months later Fannie Mae issued a 90-day notice to the other people living with me.
    4 months later Fannie Mae filed an eviction case against the other people living with me. This case is still pending.
    A month later Fannie Mae sold the property to a private party via auction.com.

    Does any of what Fannie Mae already did to gain possession of the property transfer over to the new owner, or do they have to start over with a 90-day notice against me and everyone else?

  2. #2
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    Default Re: Can a Property Buyer Continue an Eviction Action

    It would be a bit more than a typical buyer would want to do, to try to substitute in as a plaintiff on a pending eviction. However, if the party that acquired the property has chosen to do so, they may certainly attempt to do so; or they could start a new eviction, negotiate "cash for keys", or seek some other arrangement to get the occupants out of the home.

  3. #3
    Join Date
    Aug 2013
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    29

    Default Re: Can a Property Buyer Continue an Eviction Action

    My biggest question is: Does the order for possession against me transfer to the new owner? Obviously the new owner could substitute in as a plaintiff in the eviction, but I am not a party to the eviction.

    Do the federal Protecting Tenants at Foreclosure Act of 2009 or Illinois Mortgage Foreclosure Law still apply? We were all living here during the foreclosure, when Fannie Mae sold the house to itself at the foreclosure sale, but I'm starting to think Fannie Mae selling it to a third party over a year after the foreclosure sale was confirmed means that they longer apply. If not, what statute does apply in regards to notice before the new owner can file an eviction case and does the automatic sealing provision still apply?

  4. #4
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    Default Re: Can a Property Buyer Continue an Eviction Action

    If you choose not to substitute yourself in as a party, how do you imagine that you would be able to enforce the order? Walk into the Sheriff's Department, ask for the enforcement of an order of eviction, and hope that they don't ask who you are?

    When you own a property, you may evict the tenants. If you don't own a property, you have no standing to evict the tenants. You won't find a statute in any state that specifically describes what happens when a property is sold after an order of eviction is issued but before the eviction is completed.

  5. #5
    Join Date
    Aug 2013
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    29

    Default Re: Can a Property Buyer Continue an Eviction Action

    I was thinking maybe the new property owner was a successor in interest to the order for possession. I was also thinking of an eviction order as an order dispossessing a party or parties and the sale of the property may maintain their status as dispossessed instead of re-establishing a tenancy. Good to know I was wrong. Thank you.

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