Foreclosure Action Procedure and Checklist
- Send notice of default to the borrower.
- Obtain title report and conduct a search of the uniform commercial code central filing system for parties holding a security interest.
- File/Issue Summons, Petition & Lis Pendens (and Applicaiton for a Receiver, if necessary).
- File Affidavit of Military Service.
- Record certified copy of Notice of Lis Pendens in the County Clerk's Office.
- Obtain service on all parties (20 days to answer for a commercial loan/ 35 days for a consumer loan).
- Obtain title update through date of Lis Pendens, and amend Petition if necessary.
- Move for Default or Summary Judgment (18 days to respond).
- Obtain Judge's signature and file Journal Entry of Judgment.
- Mail Judgment to all parties.
- Prepare and file Affidavit of Mailing Judgment to all parties.
- Have Special Execution issued by Court Clerk.
- Deliver Special Execution, Notice of Sale, Appraisement and Sheriff Return to County Sheriff.
- Sheriff conducts appraisal and sets date of Sheriff's Sale.
- Sheriff publishes Notice of Sheriff's Sale.
- Send Notice of Sheriff's Sale to all persons with an interest in the property.
- File Affidavit attesting that notice of Sheriff's Sale was properly given.
- Obtain bidding instructions from client.
- Attend Sheriff's Sale (usually six weeks after Special Execution issued).
- Complete Sheriff's Return of Sale.
- File Motion to Confirm Sale & obtain hearing date (must be > ten days after Sale).
- Serve Motion to Confirm on all parties and publish if any party's address is unknown.
- File Affidavit attesting that notice of hearing on Motion to Confirm was properly given.
- Obtain and file Order Confirming Sale.
- Mail Order Confirming Sale to all Parties.
- Obtain Sheriff's signature on Sheriff's Deed and record with County Clerk.
- Obtain title policy.
- Move for attorney fees (18 days to respond).
- Obtain and file Order Awarding Attorney fees.
- Move for Deficiency Judgment (must be done within ninety days after sale - 18 days for debtors to respond.)
- Obtain and file Journal Entry of Deficiency Judgment.
- Apply for Hearing on Assets.
- Obtain and serve Order directing Hearing on Assets.
- Conduct Hearing on Assets.
- Execute on Deficiency Judgment.