Florida Cook County Judge Sets Timing Limits to Foreclosure Judgements

Dorothy Kinnaird, the Presiding Judge of the Chancery Division of Cook County, has issued a general order that has a direct impact upon the timing of foreclosure judgments as well as orders approving sales.
Summary
Judge Dorothy Kinnaird, Presiding Judge for the Chancery Division of Cook County Illinois issued a general order that has a direct impact upon the timing of foreclosure judgments as well as orders approving sales. Judge Kinnaird's order is limited to Cook County foreclosure cases filed on or after January 1, 2009
Until the court has set and held a case management conference:
No foreclosure case will be permitted to proceed to judgment
No orders to approve sales will be entered in cases in which a judgment has already been found and a sale completed.
The only exception to this rule is if there is a finding of "good cause." The only example of good cause and the only example provided is where the property is vacant and abandoned.
Each foreclosure case will be assigned a case management date in the month of July or August, 2009. No conferences have been set so far.
The Order does not indicate what subjects or issues will be discussed at the conference.
No motions for entry of foreclosure judgment may be filed until the conference has been held. That does not preclude the possibility of an additional case management conference on the matter.
Under the Order, Lender's counsel carries the burden to notify defendants. This will result in a cost for the lender
Case filed prior to January 1, 2009 may proceed to judgment or order approving sale without the requirement for a case management conference being scheduled. However, the additional backlog will likely delay this process anyway.
Although the Order does not prohibit lenders from filing foreclosures or serving borrowers with the complaint and summons, the general impact of this Order is to stay the matter until a case management conference has been scheduled and held.

View rule: http://www.safeguardproperties.com/pub/pdf/20090408081753273_pp1-3.pdf