Court Updates (IL) - Kluever Law Group
COVID-19 and Illinois CourtsThe Illinois Shelter in Place Order expired at the end of May and a phased approach to reopening the state is underway. Accordingly, most counties have either set an expected date to resume hearing mortgage foreclosure cases or already have begun hearing them. The most current information on courts reopening, 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.
Cook CountyCook County remains the largest county in Illinois that has not yet reopened. However, recent updates from the court differ from previous directives and include significantly more detail regarding the Court's plan to reopen, along with specific direction for how the court wants matters handled going forward. Based upon the level of detail included in these recent updates and our communication with the court, it is our belief that Cook County will reopen on July 7, 2020.
The Circuit Court of Cook County Amended General Administrative Order (issued May 28, 2020) and the Chancery Division Administrative Order (issued June 2, 2020) provide for the following:
- All non-emergency Court dates from June 1 through July 6, 2020 will be entered and continued at least 30 days, with new hearing dates to be set by the Court.
- All residential evictions are stayed until July 6, 2020, while orders for possession expiring before July 6, 2020 are extended 60 days or until August 17, 2020, whichever is earlier.
- A moratorium through July 6, 2020 on any action the court determines to be in furtherance of a foreclosure including, but not limited to,:
- Judgment of Foreclosure;
- Foreclosure Sale; and,
- Order Approving Sale.
- Service of process by private process servers will be stayed from July 1, 2020 through July 6, 2020 in Cook County. Service conducted prior to or after this window may proceed as normal.
- Service by publication and service by sheriff may proceed as normal before, during and after this window (July 1st – July 6th).
|What is still being delayed?||What is being allowed to go forward?|
All counties surrounding Cook County are open and no longer have moratoriums or mandatory stays on foreclosures. Each county has specific requirements regarding scheduling, noticing, and attending hearings. However, we have developed processes and procedures to ensure all individual court requirements are met in order to mitigate further delays as much as possible. Collar Counties includes the following: