In Cook County, Illinois (where approximately 50 % of the state's foreclosure volume is located), the Presiding Judge of the Chancery Division has imposed an administrative order regarding the management of foreclosure cases. In addition to requiring additional court appearances for case management, the order suspends scheduling of hearings until September in many cases.
Scheduling Suspended on All Cases Filed After 1/1/09
Effective April 1, 2009, no new hearing dates (either for judgment or orders confirming sale) can be scheduled in Cook County. This suspension will continue until August 31, 2009. A waiver of this rule in individual cases may be requested on notice and motion for “good cause”, but “good cause” is likely to be limited to situations in which the property is vacant and abandoned, and proof of this abandonment can be presented to the court. The evidence required will include affidavits prepared by a property inspector who inspected the property within 30 days of the hearing.
July and August Suspension for All Cases Filed Before 1/1/09
Cases filed before 1/1/09 can continue to be scheduled. However, these cases cannot be scheduled during the months of July or August 2009, unless the case is on the court’s contested call. Default cases will not be allowed to proceed in these months. Hearings already scheduled for July and August will be cancelled.
Calendar Call for Cases filed Before April 1, 2009
All pending foreclosure cases filed before April 2009, will be scheduled for special case management hearings in July and August, 2009. Attorneys will be required to appear at these hearings and report to the judges on the statuses of these cases.
Cook County’s new case management system will result in significant delays in foreclosure completions on approximately half of all Illinois foreclosures. In addition to the delays, additional costs may be incurred as a result of additional required court appearances for the case management calendar calls and for motions to for leave to set hearings on abandoned properties.