In Illinois, most people believe the foreclosure process concludes at the time the court confirms the sale of the property following the judgment of foreclosure and sale. This is not always the case and often the new owner of the foreclosed may need to initiate eviction proceedings. In the event there is still a tenant on the foreclosed property, evictions are handled differently depending on whether the party occupying the property is a prior mortgagor/owner, or a tenant occupying the property. Not surprisingly, if the party to be evicted is a prior mortgagor/owner, the process is much simpler than when the party is not. This boils down to the simple fact that the prior mortgagor is a party to the judicial foreclosure action. Evicting occupants who are not prior mortgagor or owners is much more complicated and time-consuming.  

This course, presented by real estate attorney Katherine Rehan, will address both situations and given the complexities of the non-owner/tenant eviction process, we will delve into the multiple statutes and ordinances that must be considered.  

Learning Objectives:

1. Comprehend the law as it applies to evictions of prior owners/mortgagors following an order approving the sale of a foreclosed property
2. Analyze the relevant Illinois statutes and ordinances, as well as federal law as it pertains to evictions of other occupants who are not mortgagors/owners and who are occupying foreclosed property
3. Discuss the hurdles associated with non-record tenants in mortgage foreclosure and how to avoid common pitfalls
4. Examine the tenant’s rights regarding the foreclosure and subsequent sale of their dwelling unit
5. Review recent case law and statutes that have been enacted in the past ten years to remediate the issues surrounding evictions of individuals who the court did not have jurisdiction over in the underlying foreclosure action