Plaintiff Attorney Requirements
Note: plaintiff's attorney refers to anyone employed at a law firm.
To schedule a sale the plaintiff’s attorney must provide a conformed copy of the Judgment for Foreclosure and Sale. It does not have to be certified. A cover letter is required on business letterhead with a requested sale date, the redemption date and an email address. A confirmation will be emailed after the sale is scheduled.
Documentation to Schedule a Foreclosure Sale (PDF)
Plaintiff Bid Form
- Post-Sale Documents (certificate of sale, report of sale, receipt of sale)
- Order Approving Sale (OAS)
The sale is held at the Lake County Courthouse 301 Washington St Waukegan, Illinois every Tuesday at 9:30 a.m. If a holiday is on a Monday, it may affect the scheduling of a sale. Please refer to the sales schedule for available dates.
The Sheriff’s commission fee is $600 per sale. A $300 non-refundable deposit is required to schedule a sale date. The $300 balance is due only after the sale is called and prior to issuing the deed or the proceeds from a third party purchase. If a judgment contains multiple properties and are requested to be sold independently, an additional Sheriff’s commission fee will be charged for each. If a sale is vacated after it is called, the $300 balance is still owed. If it rescheduled at a later date another Sheriff's commission fee will not be charged.
Plaintiff Bid and Proof of Publication
The plaintiff bid and proof of publication must be received no later than 3 P.M. the day before the scheduled sale date. The notice of publication must be published in a local newspaper three consecutive weeks once in each week. The first notice will be published no more than 45 days prior to the sale, the last notice will be published no less than 7 days prior to the sale in accordance with 735 ILCS 5/15-1507. They can be emailed to [email protected].
Notices of cancellation or continuance will only be accepted from the plaintiff's attorney and must be in writing. If a sale is continued more than 59 days after the original date, it will have to be cancelled and rescheduled. A new publication will be required. They can be emailed to [email protected].
Each sale is conducted in an open bidding format starting with the plaintiff’s initial bid. The selling officer will only accept bids from registered bidders or the plaintiff’s attorney if they are competitively bidding on behalf of their client, otherwise their presence is not required. Each bidder will be called on individually until there is a winner. All real estate contained in the Judgment of Foreclosure and Sale will be offered in its entirety unless specified by court order or upon request of the plaintiff for any part, parcel or portion of the real estate to be sold independently.
The plaintiff’s attorney is required to prepare and submit the following documents for the selling officer’s signature: certificate of sale, report of sale, and receipt of sale. These documents must be submitted to the court for approval at the confirmation hearing. The selling officer is not responsible for filing these documents with the court.
It is the plaintiff's attorney's responsibility to schedule the confirmation hearing with the Circuit Court Clerk's Office. Scanned email copies of the post sale documents are sufficient for the confirmation hearing.
After the confirmation hearing, the plaintiff’s attorney must submit the Order Approving Sale and a completed deed to the Sheriff’s Office. The deed will be issued and sent to the plaintiff's attorney only after full payment of the Sheriff’s commission fee is received. The Sheriff’s Office will create the deeds for all third party purchases.
For a third party sale, the Sheriff’s Office will issue a check to the plaintiff after receiving the Order Approving Sale court order. It is suggested the court order include the name of the plaintiff and the amount to be disbursed. The proceeds check will be issued and sent to the plaintiff's attorney only after full payment of the Sheriff’s commission fee is received. If there is a surplus it will be held by the Sheriff's Office until directed by the court.
All documents pertinent to the sale are eFiled with the Circuit Court Clerk's Office after the confirmation hearing and the sale file is closed.