Ill. R. Cir. Ct. Will Cnty. 11.03

As amended through September 23, 2024

Rule 11.03 - Sales Procedures

A. Prior to the scheduling of any sale date, the plaintiff shall provide to the Court's Auctioneer a certified copy of the judgment order, which must include the date of the expiration of the period of redemption and proof of publication.

B. The Court's Auctioneer is obligated to maintain records for the cases assigned to it filed during the current year and the two preceding calendar years. Any records for older cases may be destroyed by the Court's Auctioneer without notice. Any party attempting to schedule a sale on a judgment order in a case not filed in the current year or the two preceding calendar years must provide the Court's Auctioneer a new certified copy of the judgment order.

C. Unless the Court orders otherwise, with notice to the Court's auctioneer, all judgment orders shall specify that the terms of the sale shall be payment of a deposit in cash or certified funds of 10% of the amount of the successful bid at the time of the sale and payment of the balance of the successful bid in cash or certified funds within twenty-four (24) hours thereafter. Any payments accepted after twenty-four (24) hours must include per diem interest at the judgment rate plus any costs incurred. Any judgment order containing terms of sale which conflict with the terms of sale specified in this Rule shall be deemed to be amended to conform the judgment order to the terms of sale specified in this Rule unless an order was entered by the Court pursuant to this Rule varying the terms of sale. All payments of the successful bid amount or any portion thereof shall be made in cash or certified funds payable to the Sheriff of Will County. Every bidder shall present to the Court's Auctioneer proof satisfactory to the Court's Auctioneer of funds representing at least ten percent (10%) of the amount of the bid in cash or certified funds prior to the bid being accepted by the Court's Auctioneer.

D. If the Court's Auctioneer is to present an opening bid at the sale on behalf of a mortgagee, then the bidding instructions must be in writing and must be received at the office of the Court's Auctioneer at least one (1) hour before the time of the scheduled sale. All bids shall be accompanied by a cashier's, certified, or law firm check for the costs of the sale.

E. In the event that a written bidding instructions and / or the costs of sale are not timely received pursuant to Rule 11.03 D the Court's Auctioneer will automatically continue the sale for a period of seven (7) days or to the next available date for scheduled sales, and an additional fee will be assessed by the Court's Auctioneer. If the continuance results in the need to republish the sale to comply with the terms of the Mortgage Foreclosure Act, then on the continued date, the sale will be canceled and not rescheduled until such time as the costs of republication, the rescheduling fee, and all other costs are received by the Court's Auctioneer.

F. All bids, continuance requests and cancellations of mortgage foreclosures sales are to be sent directly to the office of the Court's Auctioneer and must be received at least one (1) hour before the sale.

G. The costs for canceled sales including the Court's Auctioneer's fees, must be paid by the party requesting the sale within thirty (30) days of the canceled sale date, unless otherwise ordered by the Court. If mortgagees or attorneys are delinquent in the payment of any costs or fees incurred. then the Court's Auctioneer may refuse to conduct sales upon any of the other cases of the mortgagee, the attorney and / or the law firm until such time as all costs and fees and all delinquent accounts are paid in full.

H. Following the sale, Plaintiff shall promptly prepare and the Court's Auctioneer shall promptly file with the Circuit Clerk, a report of sale and distribution. The Court's Auctioneer shall also prepare an original certificate of sale and the Plaintiff shall file the certificate of sale with the Recorder of Deeds and provide the successful purchaser with a copy.

I. Following the filing of the report of sale by the Court's Auctioneer, the plaintiff shall be responsible for presenting to the Court for approval an order confirming the sale with all necessary supporting documents, including but not limited to, proof of publication, notice of sale, and notice of motion for presentation of the order confirming sale, a copy of the certificate of sale, and if applicable, all proof required by the Court for the entry of a deficiency judgment.

J. If there is a surplus following application of the proceeds of sale, then the plaintiff shall send written notice pursuant to 735 ILCS 5/15-1512(d) to all parties to the proceeding advising them of the amount of the surplus and that the surplus will be held until a party obtains a court order for its distribution or, in the absence of an order, until the surplus is forfeited to the State, and enclose a form motion and petition for turnover of surplus funds.

Ill. R. Cir. Ct. Will Cnty. 11.03

Effective 11/30/2015; Revised 10/1/2023.