The Chancery Division hears matters of equity which are filed under the following categories: class actions, declaratory judgments, mortgage foreclosures, injunctions, administrative reviews, general chancery and mechanics liens.
Circuit Court of Cook County
Information about court organization, court locations, judge information, court holidays and the trial process can be found at the Circuit Court website.
Glossary of Legal Terms
Illinois Code of Civil Procedure
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure.
Illinois Supreme Court Rules
Illinois Supreme Court's list of Illinois Supreme Court Rules
Municipality Fees (705 ILCS 105/27.1b)
A constructive trust is an equitable remedy resembling a trust (implied trust) imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding legal right to property, which they should not possess due to unjust enrichment or interference.
Q: 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?
A: The extra money 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.
Q: As a tenant living in a property in foreclosure, is there any remedy available to me?
A: 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.
Q: How do I claim a surplus?
A: 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.
Q: Once a foreclosure is filed, can I sell my property?
A: 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.
Q: How much is a new foreclosure case?
A: The cost to file a new case is $418.00.
View All Chancery Division Frequently Asked Questions
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, setting aside of deeds, partition, equitable lien,...
Files can be reviewed in the Richard J. Daley Center, 50 W. Washington, Room 802, Chancery Division. Proceed to Sign #6 - Court File Requests.
Request the document to be certified along with the case number at the Court File Request Counter - Copies, Certified, Microfilm, Transcripts.
Circuit Court General Order 1.3 governs transferring cases between various divisions and districts of the Circuit Court of Cook County.
The emergency motion may involve a temporary restraining order or an injunction.
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:
The fees of the court have changed pursuant to the Criminal and Traffic Assessment Act, Public Acts 100-987, 100-1161, and 100-994, and Cook County Ordinance 19-2843.
The Criminal and Traffic Assessment Act is comprehensive legislation that consolidates the fees and assessments of the court throughout the State of Illinois into 13 schedules for criminal and traffic cases and 4 schedules for civil cases. The Act is effective July 1, 2019.