Author: Coordinated Advice and Referral Program for Legal Services
Last updated: February 2008

How Will I Know If There Is a Mortgage Foreclosure Case Filed Against My Landlord?

You will get court papers. There are 3 different types of court papers you can get:

• Complaint for Mortgage Foreclosure
• Supplementary Petition for Possession
• Summons and Complaint for Forcible Entry and Detainer

Is My Landlord Required To Tell Me His Building Is In Foreclosure?

No, unless you live in Chicago.

For foreclosure cases in Chicago that began after November 20, 2008, the landlord does have to tell current tenants about foreclosure filings within 7 days of being served with a foreclosure complaint. The landlord must also inform any potential tenants before they move in. Tenants who are not properly informed about the foreclosure can sue for $200 in damages and/or terminate their leases.

Will My Lease Automatically End?

No, but you must continue to pay your rent.

To Whom Do I Pay My Rent?

Pay your rent to your current landlord unless you get a written notice from the court or a court official to pay the rent to someone else.

What If My Landlord or The New Owner Shows Me The Foreclosure Papers and Says That I Have To Move?

You do not have to move. In Illinois a landlord cannot force you to move without following definite legal steps in court. He can force you to move only if he follows the steps outlined below.

What If I Do Not Have A Written Lease?

If you do not have a written lease:

You will not automatically have to move. Your current landlord must first give you a 30-day notice to terminate your tenancy. The notice must state that your tenancy will terminate on the last day of the calendar month unless rent is due sometime other than the first of the month. To determine whether the notice provides you with the full 30 days, exclude the date of service but include the stated termination date. Thus, to terminate your tenancy at the end of February, in a non-leap year, the landlord must serve the notice on or before January 29. In months of 30 days, the notice must be served on or before the last day of the preceding month. In months of 31 days, the notice must be served on or before the first day of the same month.

The mortgage company or new owner of the building must then follow the steps outlined below.

How Will I Know If The Mortgage Company Is Going To Ask Me To Leave The Building?

You will get court papers, whether or not you have a lease. The papers may refer to you either by name or as something such as "unknown tenants, unknown occupants or non-record claimants."

1. Petition for Possession, or Supplemental Petition for Possession, or Complaint for Forcible Entry and Detainer. The court papers you receive will have one of these titles.

2. Notice of hearing on the Petition. The court paper will give you the time, date, and location of your court hearing. You must go to this hearing so you can tell the judge why you should be allowed to stay in your apartment. You should also go to this hearing if your landlord owes you any money. Your landlord could owe you money for advance rent that you have paid or if you have a claim for improvements or money damages. You may want to have a lawyer accompany you to the hearing to help you explain to the judge why you should not have to move or to help get the money your landlord owes you.

If I Have To Move, How Much Time Will I Have?

1. If you are named as a party to the lawsuit against your landlord (i.e., you receive the Complaint for Mortgage Foreclosure and your name is listed on that paper):

• The mortgage company can force you to move only 30 days after the judge enters an order confirming the sale of the building. This will be about 8 months after you receive the Complaint for Mortgage Foreclosure. At the hearing the judge will decide when you have to move. You have a right to ask for a jury trial, to file a paper stating why you should not have to move, and to bring witnesses to court to tell your side of the story. If you have a written lease and you have paid your rent every month, you probably will not have to move until your lease is up, as long as you continue to pay rent.

2. If you get a Supplemental Petition for Possession:

• The mortgage company can give you a Supplemental Petition for Possession at any time while the foreclosure case is pending and prior to the sale of the building.
• The mortgage company can also give you a Supplemental Petition for Possession within 90 days after the judge has entered an order confirming the sale of the building. This will be about 8 months after the foreclosure case begins.
• The hearing will be held no less than 21 days after you get the Supplemental Petition. At the hearing the judge will decide when you have to move. If you have a written lease and you have paid your rent every month, you will probably not have to move until your lease is up as long as you pay your rent. However, even if you pay your rent, the maximum time that you may demand to stay is 120 days.

3. If you get a Petition for Forcible Entry and Detainer (eviction):

• The mortgage company or new owner cannot file an eviction case against you until 30 days after the judge enters an order confirming the sale of the building. This will be about 8 months after the foreclosure case begins.
• You will have at least 21 days after you get your court hearing. If you have a written lease and you have paid your rent every month, you will probably not have to move until your lease expires as long as you pay your rent.

If you need extra time to recover from illness or until one of your children completes school, explain this to the judge. The judge may give you the extra time you need if you agree to pay rent.

Note: You Can Only Be Put Out of Your Apartment By the Sheriff After a Judge Signs an Order of Possession.

Where Can I Find Information On The Status of My Building?

In Chicago, you can call Chancery Court, which handles foreclosures, at (312)603-5133 to get more information about your individual case. Or, you can go to: http://www.cookcountyclerkofcourt.org to get case information online.You will need your landlord's full name (please keep in mind that the loan may be in multiple names, and your landlord may not be the primary person listed in the case).

In other areas, contact your County Circuit Clerk for foreclosure case information.