Kluever Platt Coronavirus and Illinois Courts Update
The Shelter in Place Order for Illinois has been extended through May 31, 2020 by the Governor. Accordingly, most (but not all) Illinois counties have postponed pending mortgage foreclosure matters for the same timeframe, if not longer.
The Shelter in Place Order for Illinois has been extended through May 31, 2020 by the Governor. Accordingly, most (but not all) Illinois counties have postponed pending mortgage foreclosure matters for the same timeframe, if not longer. The most current information on court closures, which continues to change as new information is released and individual courts reassess their responses, can be found here: http://illinoiscourts.gov/Administrative/covid-19.asp. Updates for the largest counties in Illinois are set forth below.
On May 1, 2020, the Circuit Court of Cook County issued an Amended General Administrative Order, and the Chancery Division followed with its own Administrative Order on May 5, 2020, providing for the following:
• All scheduled Court dates from May 1 through May 31, 2020 will be entered and continued an additional 30 days, with new hearing dates to be set by the Court;
• All residential evictions are stayed until June 1, 2020, while orders for possession expiring before June 1, 2020 are extended 60 days or until July 17, 2020, whichever is earlier; and
• The moratorium on final foreclosure judgments (Order Approving Sale) and executions of judgments (Evictions resulting from the Order Approving Sale) has been extended in the Chancery Division until May 31, 2020.
What is still being delayed?
What is being allowed to go forward?
• Mediations/Case Management Conferences
• Motions for Judgment (i.e., judgments of foreclosure and sale)
• Motions for Entry of an Order Approving Sale (“OAS”)
• Non-emergency Court appearances
• Holding sales before May 18, 2020
• Filing new cases (“First Legal”)
• Completing service of process
• Placing publication notices
• Filing and scheduling motions for hearing on or after June 1, 2020
• Scheduling new sales after June 1, 2020
• Completing discovery
• Hearing Emergency Motions via video or telephone conferencing
All matters set between May 18, 2020 and June 5, 2020 will remain on their currently scheduled court dates, and such hearings are to be conducted remotely. Agreed orders can be submitted electronically to the judge prior to the hearing. All evictions and foreclosure judgments are stayed through June 5, 2020.
The court is closed for non-emergency matters through May 29, 2020, and pending matters set for a court appearance or mediation before May 29, 2020 are being continued by the court.
All pending civil cases shall be postponed and rescheduled to a date following May 29, 2020. Telephonic mediations are taking place prior to May 29, 2020. Lender or servicer telephonic attendance will be required once all pre-mediation requirements have been met. However, any applicable stays under the mandatory mediation program have been extended 35 days.
Judges are entering agreed orders or holding remote hearings per their own discretion.
U.S. District Court for the Northern District of Illinois
The court has again extended all scheduled filing deadlines in civil cases by an additional 28 days from current deadlines (with the exception of deadlines to file notices of appeal, which re unchanged). All hearings scheduled on or before May 29, 2020 are stricken and will be re-set by the presiding judge to a date on or after June 1, 2020. Civil jury trials scheduled for on or before June 26, 2020 are stricken and will be re-set by the presiding judge to a date on or after June 29, 2020.
U.S. District Court for the Northern District of Illinois - Bankruptcy Court
Each judge continues to hold their calls telephonically. All matters can be scheduled without delay, and hearings are not being continued due to COVID-19.
As we obtain additional information regarding loan level matters, we will update those on a case by case basis via your preferred method of communication.
If you have any questions or need any assistance of any kind, please contact:
Director of Operations
Director of Compliance
Partner and Litigation Managing Attorney