Plaintiff Requirements in Foreclosure Sales
Note: Effective March 15, 2016, Judicial Sales will begin at 9:30 a.m. every Tuesday.
When scheduling a sale date with the Sheriff’s Office, the Plaintiff’s attorney will provide a file-stamped, certified or conformed copy (Judge’s Signature/Stamp and Circuit Court File Stamp) of the Judgment or Order of Foreclosure including an adjudication of the date of expiration of the period of redemption. A cover letter is required on business letterhead to include a requested sale date. The Plaintiff’s attorney will receive a confirmation when the sale is scheduled by the Judicial Sales Division of the Sheriff’s Office. All required documents, including publication notices, will be substantially in accordance with the forms provided by the Clerk of the Circuit Court. Documentation to Schedule a Foreclosure Sale
Certificate/Proof of Publication
The Certificate/Proof of Publication must be received no later than 5:00 p.m. the business day preceding the scheduled sale date. The Certificate/Proof of Publication may be faxed to 847.984.5765 or emailed. The Notice of Publication must be published in a local newspaper in the county at least three consecutive calendar weeks (Sunday through Saturday) once in each week. The first such notice to be published not more than forty-five days prior to the sale, the last such notice to be published not less than seven days prior to the sale in accordance with 735 ILCS 5/15-1507.
Location of Sale
Foreclosure sales are held each Tuesday and Thursday at 9:00 a.m. at the Lake County Sheriff's Office, 25 South Martin Luther King Jr. Avenue, Waukegan, Illinois. If a holiday falls during the week, it may affect the scheduling of a regular sale day. Please check the Sales Schedule.
The total Sheriff’s Commission Fee is $500.00 per sale.
A $200.00 non-refundable initial payment of the Sheriff’s Commission fee is due upon receipt of the Judgment or Order of Foreclosure and prior to scheduling a sales date. The balance of the Sheriff’s Commission fee of $300.00 is due after the sale and prior to issuing the deed. In the case of a sale of unimproved real estate, selling for $10,000.00 or less, the Sheriff’s fee shall not exceed $150.00 and the balance of any fees collected will be refunded. If a Judgment for Foreclosure Order contains multiple PINs, and the individual properties are divided at the sale and sold independently, an additional Sheriff’s Commission Fee of $500.00 will be assessed.
Advanced bids will be accepted by U.S. Mail, fax or email by the Plaintiff prior to 5:00 p.m. the business day preceding the scheduled sale date. If the Plaintiff does not provide an opening bid, the sale will automatically be continued to a future sale date, unless a Court Order or Judgment ordering the sale specifies otherwise. Advanced bids will only be accepted from the Plaintiff and must be submitted on a Sheriff’s Office Plaintiff Bid Form, or if your firm uses an internal standard form. In the case of competitive bidding, a representative must be present on behalf of the Plaintiff. The Lake County Sheriff’s Office will not participate in the bidding process on behalf of the Plaintiff due a conflict of interest.
The sale will be conducted in an open bidding format beginning with the Plaintiff’s opening bid. During the sale, the Sheriff’s Office will only accept bids by registered bidders with verified funds or the Plaintiff’s representative, if they are competitive bidding on their behalf. Registered bidders will be individually called on for their bid. This process will continue until there is a winning bidder. All real estate contained within a Judgment of Foreclosure will be offered for sale in its ENTIRETY in satisfaction of the debt, unless otherwise specified by court order or upon request of the Plaintiff to offer for sale; ANY PART, PARCEL OR PORTION of the real estate to be sold independently.
Post Sale Documents
The Lake County Sheriff’s Office recommends the Plaintiff’s Attorney prepare and submit (no later than the business day following the sale) the following documents for the selling officer’s signature: Certificate of Sale, Report of Sale, and Receipt of Sale. These documents must be returned to the court to be approved at a Confirmation Hearing. The selling officer is not responsible for recording these documents with the court. Confirmation Hearings are scheduled by the Clerk of the Circuit Court. All documents received by the Sheriff’s Office pertinent to the sale will be filed with the Clerk of the Circuit Court at the conclusion of the case.
Issuance of Sheriff’s Deed
After the Confirmation Hearing, the Plaintiff’s attorney shall submit the Order Approving Sale and a completed Deed to the Sheriff’s Office. The Deed will be issued after full payment of Sheriff’s Commission fees. The Lake County Sheriff’s Office will create the deeds for all third party sales.
Disbursement of Funds to the Plaintiff
In the case of a third-party sale, the Lake County Sheriff’s Office will issue a check to the Plaintiff only upon the direction of a signed court order. The Ordering Approving Sale document must specify the name of the Plaintiff and the amount to be disbursed.
Cancellations & Continuances
Notice of cancellations or continuances will only be accepted from the Plaintiff. Plaintiffs cancelling or continuing foreclosures must do so in writing with cancellation or continuance faxed to 847.984.5765 or emailed identifying the authorizing agent. In the event a sale is cancelled, the case will be announced “cancelled” at the Sheriff’s Sale on the scheduled sale date. The file is then closed and returned to the Circuit Clerk.
All required documents, including publication notices, will be substantially in accordance with the forms provided by the Clerk of the Circuit Court.
All documents received by the Sheriff’s Office pertinent to the sale will be filed with the Clerk of the Circuit Court at the conclusion of the case.
If a sale is continued more than 59 days after the originally published sale date a new publication is required.