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Clerk of the Circuit Court of Cook County, Illinois
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Mortgage Foreclosures

Dissolution of Corporation

Mechanic Lien

Temporary Restraining Order
Chancery Division

Building Name
Richard J. Daley Center
 
Address
50 West Washington Street
Room 802
Chicago , IL 60602
   
Chief Deputy Clerk
Jan Basile
Assistant Chief Deputy Clerk
Joseph Louder
   
Hours
8:30 a.m. to 4:30 p.m., Monday through Friday, Excluding Court Holidays  
Telephone Numbers
(312) 603-5133

 
TDD
(312) 603-6878  
Fax
(312) 603-3020  

New Mortgage Foreclosure Rules
Please review and comply with new Illinois Supreme Court Rules 99.1, 113, and 114, revised effective May 1, 2013, regarding practice and procedure in mortgage foreclosure cases.


 


Click Tabs above for more information.


Case Types: Matters of equity involving class actions, declaratory judgments, mortgage foreclosures, injunctions, most administrative reviews, general chancery and mechanics liens.
Dates: 1871 - Present
Courts: Circuit and Superior Courts, 1871-1964; Chancery Division, 1964-present
Available Indexes: Circuit Court and Superior Court, both plaintiff and defendant indexes (on microfilm), 1871-present
Chancery Division index (microfiche), 1966-1971
Docket books and clerk's record books, 1871-present (stored off site)
Content: Content generally includes: cause of action (complaint), defendant's response, motions and briefs filed; testimony (occasional): verdict (if jury trial); judge's final order. If the case was appealed, a transcript may be present.

Illinois Code of Civil Procedure

Illinois Supreme Court Rules

Circuit Court Rules and Orders

Circuit Court of Cook County – An Informational Guide

Clerk of the Circuit Court Chancery Division Forms

Clerk of the Circuit Court General Forms

Finding an Attorney

Clerk’s Office Chancery Division Brochure

Legal Services Provided

Mortgage Foreclosure Pro Se Advisory Help Desk
Richard J. Daley Center
50 West Washington Street
Room 1303
Chicago, IL 60602

For additional assistance to people representing themselves (pro se litigants), please visit the Clerk of Circuit Court Self Represented (Pro Se) Resources page.

1)      Filing a New Case
2)      Reviewing Court Files in Room 802
3)      Obtaining a Certified Copy of a Document
4)      Transferring a Chancery Case to Another Judge or Location
5)      Filing An Emergency Motion
6)      Filing a Pro Se Application To Sue or Defend as a Poor Person


1.      Filing a New Case

The general Chancery complaints filed consist of actions and proceedings concerning arbitration, mandamus, quo warranto, interpleader, ne exeat, specific performance, rescission and reformation of contracts, creditors' rights, complaints for contribution, actions to quiet title and the setting aside of deeds, partition, equitable liens, redemption rights, declarations concerning or construction of trusts and wills (other than during the period of an estate administration), the appointment of trustees, successor trustees and the removal of trustees (other than during the period of an estate administration), receiverships, accounting cases, dissolution of partnerships and corporations, or other proceedings under the Corporations and Partnerships Acts, proceedings under the Uniform Gifts to Minor Act, statutory review, certiorari except under the Workers' Compensation Act, and all other actions or proceedings formerly cognizable in courts of Chancery not otherwise provided for.  (See Circuit Court of Cook County General Orders 2.1 and 3.1

All pleadings, summons and appearances should be filed in Room 802. 

If a new complaint is being filed, the caption must also contain a description of the relief sought, such as an Injunction, Mortgage Foreclosure, Class Action, or General.  (Circuit Court of Cook County General Order No. 3.5). 

Along with the initial Complaint or Petition the party initiating the new action in the Chancery Division is required to complete a Civil Cover Sheet (Form # CCCH0623) obtained in Room 802.

2.      Reviewing Files

Files can be reviewed in the Richard J. Daley Center, 50 W. Washington, Room 802, Chancery Division. Proceed to Sign #6-Court File Requests.

Fill out a file request card and hand it to the file clerk along with a valid picture ID or valid drivers license.

Once the file is retrieved, you are free to view the file at the customer tables in the Chancery Area. Files cannot be removed from the Chancery Division.

A public copy machine is provided at a cost of $.50 a copy, or you can request the clerk to make copies for you for an additional fee . The copier is located in Room 802 near the Domestic Relations counter.

When you have finished reviewing the case record, return the file to the file clerk and retrieve your identification.

3.      Obtaining a Certified Copy of a Document

Request the document to be certified along with the case number at the Court File Request Counter - Copies, Certified, Microfilm, Transcripts.

Fill out the certified request form and proceed to the next available cashier.

After paying the certification fee, present your receipt to the clerk at counters and retrieve your certified document.

4.      Transferring a Chancery Case to Another Judge or Location

Circuit Court General Order 13 governs transferring cases between various Divisions and Districts of the Circuit Court of Cook County. 

You must obtain an order entered by the judge to whom the case is assigned transferring the case to the presiding judge of the division or district where the case is pending. 

The presiding judge of the division or district where the case is pending will then sign the bottom portion of the initial transfer order transferring the case to the presiding judge of the division or district to which the case is being transferred. 

The case will then be assigned in accordance with the customary procedure of the new division or district.  Check with the Judge's clerk for the proper transfer form order.  (Click here to go to Chief Judge's Office website)  Note that the parties may have to pay an additional filing fee if fees in the transferee court are higher.  (Circuit Court of Cook County General Order 1.3, Subparagraph (f))

5.      How to File An Emergency Motion

The emergency motion may involve a temporary restraining order or an injunction.  It could be used to restrain someone from building something too close to someone's property; or cutting down a tree on the property line that may cause damage to a neighbor's property, or when a partnership is dissolving, keep the company funds in tact until the judge's rule. 

The restraining order has nothing to do with restraining individuals in a relationship of any kind (personal).  It's more about stopping an action from taking place.

The Chancery Division has a procedure for hearing matters that are filed as emergencies (i.e., Temporary Restraining Orders and Injunctions). 

If filed before 4:30 p.m. on a weekday, the moving party goes directly to the Judge to whom the case has been assigned. 

Clerk's Office personnel will also be delivered to the Judge; it is up to the discretion of the Judge and the nature of the emergency whether relief sought will be granted. 

After 4:30 p.m. on a weekday, or during the weekend or holiday, reference is made to Circuit Court of Cook County General Order No. 3.1, Paragraph 1.8 (If at all possible, contact the Presiding Judge's Office during regular court hours, 8:30 a.m. to 4:30 p.m., for a determination of whether the matter is truly an emergency.) 

If the emergency is on a previously filed case, check with the Presiding Judge's Office for a time that the motion can be heard.  (Emergency Temporary Restraining Order.)

6.      Pro Se Application to Sue or Defend as a Poor Person

An application for leave to sue or defend as a poor person must be obtained in the Chancery Division, Room 802, in triplicate and shall be in writing and supported by the affidavit of the applicant or, if the applicant is a minor or an incompetent, by the affidavit of some other person having knowledge of the facts, stating:

a.) The applicant's occupation or means of subsistence;

b.) The applicant's income for the year preceding the application;

c.) The source and amount of any income expected by the applicant;

d.) The nature and value of any property, real or personal, owned by the applicant;

e.) The particulars of all applications for leave to sue or defend as a poor person made by the applicant or on his behalf during the year preceding the application;

f.) That the applicant is unable to pay the costs of the suit; and

g.) That the applicant has a meritorious claim or defense.

If the application is denied, the court shall endorse the fact of denial on the application.

If the application is granted, the court shall enter an order allowing the applicant to sue or defend as a poor person (Illinois Supreme Court Rule 298).

When properly completed, the applicant can appear before the Presiding Judge of the Chancery Division for ruling.

If approved, the Circuit Court of Cook County will waive filing fees.

 
Accounting Lawsuit brought to secure a formal statement of account from one partner to others in order to obtain a judicial determination of rights of the parties in a shared asset.
Administrative Reviews Lawsuit seeking a judicial review of a final decision by an administrative agency.
Appointment of Trustees, successor trustees, and the removal of trustees Lawsuit concerning trustees outside of the period of estate administration.
Arbitration Submission of controversies, by the agreement of the parties thereto, to person chosen by themselves for determination.
Certiorari except under the Workers’ Compensation Act Lawsuit seeking review of a matter by the Supreme Court.
Class Actions Lawsuit brought by a representative member(s) of a large group of persons on behalf of all members of the group. The class must be ascertainable and the members must share a common interest in the issues of law and fact raised by the plaintiff(s), among other special requirements.
Contributions, complaints for Lawsuit seeking to enforce right of one required to compensate a victim for his/her injury to demand reimbursement from another party jointly responsible for that injury.
Creditors’ Rights Lawsuit in which a judgment creditor attempts to gain a discovery, accounting and deliverance of property owed to him by the judgment debtor, which property cannot be reached by execution at law.
Declarations of Trusts and Wills Lawsuit concerning trusts and wills outside of the period of estate administration.
Declaratory Judgment Lawsuit seeking the judgment of the court establishing the rights of the parties or expressing the court’s opinion on a question of law without ordering anything to be done. No executory process follows as a matter of course.
Dissolution of Partnerships, etc Lawsuit regarding the statutory act ruling the formation and dissolution of corporations and partnerships.
Equitable Liens Lawsuit seeking to enforce equitable right to have specific property applied in satisfaction of a debt.
Interpleader Lawsuit in which a debtor, not knowing to whom among his creditors a certain debt is owed, and having no claim or stake in the fund or other thing in dispute other than its proper disposition, petitions the court to require that the creditors litigate the claim among themselves.
Mandamus Lawsuit seeking an extraordinary writ from the court to an official compelling performance of a ministerial act that the law recognizes as an absolute duty, as distinct from other types of acts which may be at the official’s discretion.
Mechanic’s Liens Lawsuit seeking to enforce a lien filed for the purpose of securing priority of payment of the price or value of work performed and materials furnished in erecting or repairing a building or other structure, and as such attaches to the land as well as building and improvements erected thereon.
Mortgage Foreclosures Lawsuit filed by a lender seeking to compel payment of a mortgage. It is precipitated by non-payment of the debt, and leads to the selling of the property to which the mortgage is attached in order to satisfy the debt.
Name Changes Lawsuit seeking to have a legal name change.
Ne Exeat Lawsuit filed to secure the payment of a co-obligor who is about to move outside of the jurisdictional limits of the state and taking their property with them.
Partition Lawsuit seeking the judicial separation of the respective interest in land of joint owners or tenants in common thereof, so that the parties hold their estates in severalty.
Quiet Title and the Setting Aside of Deeds Lawsuit seeking to determine all adverse claims to the property in question, so as to obtain a final determination as to the title to a specific piece of property.
Quo Warranto Lawsuit to try the title to a corporate franchise, or to a corporate of public office.
Receiverships Lawsuit seeking the court appointment of a receiver to control and preserve property for the benefit of affected parties.
Redemption Rights Lawsuit seeking to enforce statutory right to redeem property that has been forfeited because the mortgagor defaulted on the mortgage payments, which can be exercised only after the foreclosure and sale of property.
Rescission and Reformation of Contracts Lawsuit seeking the decree of the court that a.) A contract is cancelled and the parties are returned to the positions they would have occupied if the contract had not been made, or b.) That the contract should be “rewritten” because the written terms of the contract do not express what was actually agreed upon.
Specific Performance Lawsuit seeking to have court order that the party guilty of a breach of contract undertakes to perform his or her obligations under the contract, filed when the party’s remedy at law is inadequate.
Statutory Review Lawsuit challenging the legality of a statute.
Subpoena, Action Out of State, Compliance in Illinois Lawsuit filed seeking to have a subpoena issued to be served in another state.
Temporary Restraining Order Lawsuit seeking the court to require a party to refrain from doing or continuing to do a particular act or activity.
Uniform Gifts to Minor Act Lawsuit regarding the statutory method for making a gift in trust to minors.

CCG-0603A & CCG-603B , Effective 4/27/2010 (705 ILCS 105/27.2(a))

Municipality Fees (705 ILCS 105/27.2)
Mortgage Foreclosure Pro Se Advisory Help Desk
The Pro Se Help Desk is provided for customers in Room 1303 and is staffed with volunteer lawyers to assist patrons in filling out their court forms. The Pro Se Help Desk is open from 9:00 a.m. until 12:00 p.m. each day.
Public Access Terminals
Room 802 has three (3) terminals that are provided for customer use. The terminals provide access to the electronic docket of case activity on file by entering the criteria of a case number, plaintiff name or defendant name. Instructional booklets on accessing the terminals are available. The terminals are available between operational house of Room 802, 8:30 a.m. to 4:30 p.m.
Court Forms
Each of the Divisions provides access to official court forms. Forms are available within Rooms 802 or in Room 1201. The public can also access court forms on this website.
1)      How can I find out if a mortgage foreclosure is filed on my property?
2)      Once a foreclosure is filed, can I sell my property?
3)      If my property is sold as a result of a mortgage foreclosure for more than the amount owed to the bank, what happens to the extra money?
4)      How do I claim a surplus?
5)      As a tenant, how can I find out if the property I live in is in foreclosure?
6)      As a tenant living in a property in foreclosure, is there any remedy available to me?
 
1)      How can I find out if a mortgage foreclosure is filed on my property?
When a foreclosure is filed, the mortgage holder is served with a summons. The mortgage holder can also call the Chancery Division at (312) 603-5133 and find out through a name search.

2)      Once a foreclosure is filed, can I sell my property?
Yes. The property can be sold until the end of the redemption period, which is stated in the Judgment of Foreclosure. However, sometimes it can still be sold after the redemption period with the court's permission.

3)      If my property is sold as a result of a mortgage foreclosure for more than the amount owed to the bank, what happens to the extra money?
This is called surplus funds. The bank is only entitled to what is owed them and their fees. The surplus, minus any liens due, belongs to you. If there are surplus funds, you should be notified by the foreclosing attorneys for the bank. The court will determine if the Clerk's Office, Chancery Division or Sheriff's Office will hold the funds.

4)      How do I claim a surplus?
To claim a surplus, the case must be motioned up before the Presiding Judge of the Chancery Division to obtain a court order to disburse funds. The order must then be submitted to the office holding the surplus funds. This office will then process the order, which takes approximately ten business days and the surplus funds will be released.

5)      As a tenant, how can I find out if the property I live in is in foreclosure?
Tenants can call the Chancery Division at (312) 603-5133 to have a name search done of the owner. If you do not know the owner's name, it can be obtained from the Recorder of Deed's Office.

6)      As a tenant living in a property in foreclosure, is there any remedy available to me?
Unfortunately, no, however, tenants can file for an extension of time to allow for relocation. The tenants must motion up the case before the assigned judge and request the extension.

Title: Mortgage Foreclosure Pro Se Advisory Help Desk
Content: The Pro Se Help Desk is provided for customers in Room 1303 and is staffed with volunteer lawyers to assist patrons in filling out their court forms. The Pro Se Help Desk is open from 9:00 a.m. until 12:00 p.m. each day.

IMPORTANT / DISCLAIMER:

The information contained in this document is not intended as legal advice.   Persons with further questions on these subjects are strongly encouraged to seek legal advice from an attorney knowledgeable about these matters.

It is unlawful for any clerk or deputy clerk of a circuit court to prepare or draft any document that is to be filed or recorded in the Circuit Court in which he or she is clerk or deputy clerk, except such documents as such clerks are required or by some statute authorized to draft or prepare.   See 705 ILCS 110/1.


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