You may spindle motions for the post-mediation call in Room 802 of the Daley Center.  The following motions are the only motions allowed to be spindled on the post-mediation calls (calendars 68 and 69) (See General Administrative Order 2012-07 and 2012-__ for more detail):

-          Motion for Substitution of Judge as of Right on the Post-Mediation Call

-          Motion for Substitution of Judge for Cause on the Post-Mediation Call

-          Motion to Return Mortgage Foreclosure Mediation Case to the Foreclosure
            Trial Call
-          Motion for Sanctions Relating Mortgage Foreclosure Mediation

           CVLS’s Motion to withdraw from Appointment at Mediation

Emergency motions are set up in person by coming to the 28th Floor reception area and speaking with the judge’s staff. 

All courtesy copies are dropped off at the reception desk on the 28th Floor of the Daley Center.

All courtesy copies for mortgage foreclosure cases may be dropped off at the reception desk on the 28^th floor of the Richard J. Daley Center, 50 W. Washington Street.  (Courtesy copies for the Vacant and Abandoned call may be dropped off in the bins outside Courtroom 1101.)

You may obtain a copy of the Mortgage Foreclosure Courtroom Procedures here (link to PDF) or by going to the reception area of the 28th Floor of the Richard J. Daley Center, 50 W. Washington Street.

Yes.  Each judge may have additional standing orders specific to his or her calendar.  To obtain the standing orders, click here (link to the judge’s websites) or go to the reception area of the 28th Floor of the Richard J. Daley Center, 50 W. Washington Street. 

Courtesy copies are due to the court 4 business days in advance of the hearing or status date. 

Emergency motions may be scheduled through court staff.  Please come to to the reception area of the 28th Floor of the Richard J. Daley Center, 50 W. Washington Street, with a completed motion to speak with the individual judge’s staff to request an emergency hearing date.  All requests for emergency motions must be made prior to 3:30PM each day. 

The case managers are court staff and do not give legal advice.  The case managers work with the judges to help manage the cases and facilitate exchange of documents and communications between self-represented litigants and the plaintiff’s attorneys.  The goal is to ensure fairness and accountability on both sides of residential foreclosure cases where a defendant is trying to reach an agreement with the bank. 

• Special Process Servicer  (link to PDF) 
• Receiver (link to PDF)
• Recusals (link to PDF)

 

General Administrative Order 2012-05 (insert link to PDF) sets forth the process for obtaining a reassignment of a case for those calendars that have standing orders of recusals. 

Yes.  All courtesy copies must bear the file stamp from the Clerk of the Circuit Court. 

In order to participate in the Program, homeowners must be residents of Cook County, have received a foreclosure summons from the Cook County Circuit Court, and live in the building in foreclosure – which may be a single-family home, single-family condominium, or apartment building with four or fewer units. 

A defendant needs to make a written motion to the court to officially “get into the Program.”  

A self-represented defendant, who is in a case in which no Judgment of Foreclosure has been entered should begin the process by calling 1-877-895-2444 (312-836-5222 TDD) to obtain an appointment with a housing counselor and attorney.  The attorney will assist the defendant with the preparation of the appropriate paperwork for each individual case. 

 

A defendant who has private representation should file a motion with the Court that is certified under Section 1-109 of the Illinois Code of Civil Procedure or supported with an affidavit that complies with Illinois Supreme Court Rule 191.  The motion must be signed by the defendant and the defendant’s attorney.  Having a private attorney does not waive the requirement of meeting with a HUD-certified housing counselor. 

No.  No motion for mediation may be presented orally.  All motions must be written and conform with the requirements for the written motion.

No.  Mediation is not mandatory.  Any party may request mediation by motion.  A judge may order mediation over one party’s objection. Once ordered to mediation, it will be mandatory for the parties to attend the mediation sessions.

In order to participate in the Program, homeowners must be residents of Cook County, have received a foreclosure summons from the Cook County Circuit Court, and live in the building in foreclosure – which may be a single-family home, single-family condominium, or apartment building with four or fewer units. 

Possible issues to mediate may include, but are not limited to:

• A loan modification (either HAMP or in-house) application has been submitted for at least a reasonable time without approval or denial;

  a short sale contract has been submitted for at least a reasonable time without approval or denial;

  a loan modification has been denied and there has been a change of income status;

  an attempt has been made to reinstate without cooperation;

   other factual, legal or equitable issues expressed in pleadings (complaint, answer, affirmative defenses, counterclaims and the responses thereto) that have put parties at issue for trial

A dignified exit is also sometimes referred to as a “graceful exit”.  This means that a defendant cannot (or does not want to) keep the home and understands when and how he or she should leave the property.  This may include a short sale, consent foreclosure, deed-in-lieu of foreclosure, or “cash-for-keys” programs. 

What is a HUD-certified housing counselor?

Housing counselors are counselors who work for HUD-certified agencies that can provide advice on foreclosure prevention and assist a borrower  with workout options with the bank if a borrower is facing foreclosure.  HUD-certified housing counseling services are free.  Do not pay anyone for a loan modification

No.  An appearance and answer must be on file at the time of presenting a motion for mediation.

Due to the high volume of foreclosures and limitations on resources, the Program has encountered a backlog.  The court is actively working on reducing that backlog and recognizes that the delay is detrimental to both the plaintiff and the defendant.  As a result, the court has implemented the case managers to assist in eliminating the backlog and also to assist in facilitating communication and document exchange between the parties at the beginning of the case and prior to referral to mediation so as to eliminate any unnecessary delay that may be caused by mediation. 

 

The Program is designed to work within the timeframes set forth in the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101, et seq., and not to interfere with statutorily available time limits (e.g., redemption date, etc.) for minimal impact to both sides in the foreclosure action.  The Program was designed with input from representatives of all areas of the foreclosure industry, representative of the plaintiffs’ bar, representatives of the defendants’ bar, government agencies, bankers, legal service agencies, and housing counseling agencies so as to minimize delay for the Plaintiffs while preventing any acceleration of the action for the Defendants.

 

In order to reduce the backlog and to minimize impact of the Program going forward, more resources have been added to legal aid and mediation and the court has hired case managers. 

In 2012, the court started using case managers to assist judges with residential foreclosure cases.  When a self-represented defendant appears at the case management hearing, the defendant will be referred to the case manager for a brief evaluation. The judge may order a follow-up status date for the parties to exchange and review income documents relevant to any settlement that may be sought by the defendant. 

 

The purpose of this follow-up status date is to bring accountability to both sides and to ensure that only those cases that are ripe and ready are referred to mediation.  This will reduce the need for document exchange after the first mediation session begins.  

If a defendant, whether self-represented or through a private attorney, presents a written motion to the court at the default call, and the defendant has his/her appearance on file at that time,  the judge will order completion of certain document exchange if necessary and set a follow up status hearing. (In the case of self-represented defendants, the case will be referred to a case manager.) 

 

If document exchange is proven complete (or is not necessary) and the judge deems the case appropriate for mediation, the judge may enter a Mortgage Foreclosure Mediation Referral Order.  The motion(s) being presented by the plaintiff will be entered and continued generally, subject to re-notice by the plaintiff. 

 

If a defendant appears for the first time at a default call, with no motion for mediation referral, each judge will handle the case according to his/her standard courtroom procedures and may or may not be assigned to a case manager.

If a defendant, whether self-represented or through a private attorney, presents a written motion to the court at the default call, and the defendant has his/her appearance on file at that time,   the judge will order completion of certain document exchange if necessary and set a follow up status hearing. (In the case of self-represented defendants, the case will be referred to a case manager.) 

 

If document exchange is proven complete (or is not necessary) and the judge deems the case appropriate for mediation, the judge may enter a Mortgage Foreclosure Mediation Referral Order.  The motion(s) being presented by the plaintiff will be entered and continued generally, subject to re-notice by the plaintiff. 

 

If a defendant appears for the first time at a default call, with no motion for mediation referral, each judge will handle the case according to his/her standard courtroom procedures and may or may not be assigned to a case manager.

f a defendant, either self-represented or through a private attorney, makes a written motion for mediation, and the judge deems the case appropriate for mediation, the judge may order the case to mediation over the plaintiff’s objection.

If a judge enters a mortgage foreclosure mediation referral order and the parties agree to use the Center for Conflict Resolution (CCR) as the mediator, a twelve week status date will be set on the Post-Mediation Call.  The post-mediation calls are heard on Wednesdays and Thursdays, and a schedule of the calls can be found here (insert link to PMSC schedules).

Yes.  Local Rule 21.03(B) allows the court to extend the mediation referral order for further mediation.

Mediators are provided by the Center for Conflict Resolution (CCR).  However, the plaintiff and defendant(s) may agree to any other mediator to which they may stipulate.

Yes. Parties may stipulate to a private mediator.  If parties choose to use a private mediator, the mediator must be compensated in accordance with Circuit Court Local Rule Part 21 (Chancery Division Court-Annexed Mediation)

If you are interested in volunteering to be a mediator for the Program, please contact the Center for Conflict Resolution (CCR) at (312) 922-6464.  You do not need to be a licensed attorney to mediate cases.

If you are an attorney licensed to practice law in Illinois, you may contact Chicago Volunteer Legal Services (CVLS) at (312) 332-1460 or cvls@cvls.org for more information about volunteering.

When a Residential Mortgage Foreclosure Mediation Referral Order is entered, a post-mediation status date will be set for 12 weeks after entry of the order.  The post-mediation calls are heard as follows:

 

Wednesdays (calendar 68):           Courtroom 2806               9:30 AM and 2:00PM
Thursdays (calendar 69):              Courtroom 2809               9:30 AM and 2:00PM

The following motions are the only motions allowed to be spindled on the post-mediation calls (calendars 68 and 69) (See General Administrative Order 2012-07 and 2012-08 for more detail): 

• Motion for Substitution of Judge as of Right on the Post-Mediation Call
• Motion for Substitution of Judge for Cause on the Post-Mediation Call
• Motion to Return Mortgage Foreclosure Mediation Case to the Foreclosure Trial Call
• Motion for Sanctions Relating Mortgage Foreclosure Mediation
• Motion to Terminate Appointment of Chicago Volunteer Legal Services (CVLS) for Defendant