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Navigating Foreclosure and Eviction Moratoriums in Illinois

Keeping current with the COVID-related foreclosure and eviction moratoriums from the Federal Housing Finance Agency (FHFA), Department of Housing and Urban Development (HUD), and the state- and county-level updates has been a challenge.

The variations related to county-level government's interpretation of eviction action, and what pieces of the foreclosure process might be considered an eviction action, has further complicated the issue. The process for our clients to decide which files can proceed and which fall under the moratorium has become cumbersome.

In most of Illinois, our county-level government is proceeding with foreclosure actions, and the only halt in the foreclosure process is as a result of the HUD and FHFA holds being placed by servicers. Evictions in these counties, however, remain on hold as a result of Governor Pritzker's eviction moratorium, which is currently extended through September 19, 2020.

In Cook County, the court has ordered a stay on eviction and furtherance of a foreclosure action through September 21, 2020, presumably because foreclosure activity may ultimately result in an eviction action. We have also learned sheriffs in some collar counties are not holding sales because they believe the foreclosure sale is associated with an eviction action. TJSC is currently holding sales in all appointed counties, however in Cook County, we are proceeding to sale only on properties we have received a court order allowing the sale to take place prior to September 22nd.

The general administrative order issued by the Cook County Chancery Division indicates some sales may proceed if the plaintiff can prove to the court that the property is vacant. In late August, we began to receive orders allowing some Cook County sales to proceed based on vacancy and we have also received some orders confirming sales on vacant properties.

TJSC has begun to receive orders vacating previously held Cook County sales by the third-party purchaser intervening in the case because of the delay in sale confirmations. Purchasers are not only upset about their money held in escrow while waiting on the sale approval but are also concerned about the mounting risk and liability they assume. They’re worried about additional property damage, squatters, liens, and taxes resulting from the stay on foreclosure sale confirmations.

Certainly, the pandemic has intensified our need to be resilient, agile, and creative to overcome the plethora of challenges it brought. During this time of unrest and uncertainty, we feel incredibly thankful to navigate these uncharted territories with great clients and business partners.

For further information and a list of the counties in which TJSC is an appointed selling officer, please contact me.

Pamela Murphy-Boylan
President and Chief Executive Officer
The Judicial Sales Corporation

[Last update: 9-8-20]

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