Mortgage Foreclosure
The Mortgage Foreclosure (FC) case category includes Commercial & Residential foreclosures and Residential Foreclosure Causing a Lease Termination. The Supreme Court Commission on Access to Justice has approved forms and instructions for use in Mortgage Foreclosure cases in Illinois.
Mailing Notices Pursuant to Supreme Court Rules 113 & 114 Relating to Mortgage Foreclosure Cases
Local Court Rule 2.07 details the Court’s requirements for handling the Notice of Entry of Default and Judgment of Foreclosure required by Supreme Court Rule 113(d).
Per Local Court Rule 2.07, “counsel for the movant shall provide the clerk with envelopes, with all postage fully prepaid, addressed to each person entitled to notice and with the return address of the Clerk of the Circuit Court. The docket number of the case to which the notices pertain shall be on the face of each envelope in the lower left-hand corner of the envelope. The envelopes shall contain copy of the notice of default and be sealed prior to delivery to the clerk. The clerk shall mail the sealed envelopes to the person to whom they are addressed as provided by the rule.
In addition to the foregoing, counsel for the movant shall file with the clerk copies of each of the notices sent as provided above and an affidavit that certifies the following: (1) a list of the names and addresses of all persons entitled to notice in the case; (2) that the sealed envelopes contain a copy of the notice required by Supreme Court Rule 113 (d); and (3) that a notice has been provided for all persons entitled to receive notice under the Rules.” The copies of the notices must be filed with the clerk electronically, followed up by the delivery of the envelopes to the clerk for mailing.
At this time, the Circuit Clerk will not be charging an additional fee for the mailing of the above notice, but all envelopes must have postage prepaid.
Mortgage Foreclosure Surplus Funds
The link below lists foreclosure cases which have surplus funds being held by the McHenry County Circuit Clerk until further Order of the Court. If your home was foreclosed upon, and the sales or auction price exceeded the amount you owed on the mortgage. The Circuit Clerk may be holding a surplus to which you may be entitled. Claiming a surplus involves filing a Motion, mailing or serving Notice of Motion and a copy of your Motion to all parties involved in the case, scheduling a court date and appearing before the judge to request an Order to have your surplus funds released. Please call (815)334-4310 to find an available court date to schedule your Motion.