Frequently Asked Questions

FAQs for Chancery Division


This is called surplus funds. The bank is only entitled to what is owed to 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 or Sheriff's Office will hold the funds.
Unfortunately, there are no remedies available for tenants living in foreclosed homes.  However, tenants can file for an extension of time to allow for relocation. The tenants must file a motion to request an extension before the judge assigned to the case.
To claim a surplus, you must file a motion to appear before the Presiding Judge of the Chancery Division and obtain a court order to have your funds released. The order must be submitted to the office holding the surplus funds (i.e., Clerk's Office or Sheriff's Office). This office will then process the order, which takes approximately ten business days for the surplus funds to be released.
Yes. The property can be sold until the end of the redemption period, which is established in the Judgment of Foreclosure. However, sometimes it can still be sold after the redemption period with the court's permission.
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; cutting down a tree on the property line that may cause damage to a neighbor's property; or, when a partnership is dissolving, an emergency motion can be used to keep the company funds in tact until the judge rules on the case. 

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 the motion is 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 be assigned to the Judge.  It is up to the discretion of the Judge and the nature of the emergency whether relief sought will be granted. 

If the motion is filed 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 for an Emergency Temporary Restraining Order can be heard. 
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.