Ill. R. Cir. Ct. Lake Cnty. 7-2.05

As amended through September 23, 2024

Rule 7-2.05 - Overview of Foreclosure Mediation Procedure/ Stay of Litigation

A. Every residential real estate mortgage foreclosure action shall be subject to an initial stay of forty-two days from the date of service of the Summons and Complaint, and the Homeowner shall be notified of the Foreclosure Mediation Program as provided in LCR 7-2.06.

B. If the homeowner wishes to participate in the Foreclosure Mediation Program, then the Homeowner shall contact the Agency Representative for an Introductory Screening and to schedule a Housing Counseling appointment within forty-two days from the date of the service of the Summons and Complaint. If a Housing Counseling appointment is scheduled, the foreclosure litigation shall be stayed an additional forty-five days from the date of the Introductory Screening. Cases that do not meet the preceding requirement may enter the program by Court Order.

C. Within the additional forty-five day stay, the Homeowner shall compile a loss mitigation package, submit the Program Application Packet, and complete Housing Counseling.

D. After the Housing Counseling process has been concluded, the Coordinator shall schedule an initial Mediation Conference in accordance with LCR 7-2.09. The foreclosure litigation will be stayed until the termination of mediation as provided in LCR 7-2.10, but in no event shall the stay extend longer than ninety days from the date the Plaintiff submits the Plaintiff's checklist, obtained from the Program Coordinator or the Agency, as provided in LCR 7-2.08.

E. This Rule contemplates a stay of the foreclosure action to effectuate and accommodate the mediation process, but not to unduly prolong it or to create an incentive to delay the litigation.

Ill. R. Cir. Ct. Lake Cnty. 7-2.05

Amended effective 10/24/2016.