Motion To Stay Foreclosure Sale {SS-M 911.4}

This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts. SS - M 911.4 Page 1 of 4 ( 0 3 /1 8 ) STATE OF ILLINOIS , MOTION TO STAY FORECLOSURE SALE For Court Use Only CIRCUIT COURT COUNTY I nstructions Directly above, enter the name of the county where the case was filed. Plaintiff ( Name of Bank or Mortgage Company ) Enter the name of the bank or mortgage company as Plaintiff. v. Enter your names as Defendants. Enter the Case Number from the Complaint you received. Defendants Case Number Enter your full names as Defendants. You will be called 223Defendants224 on the rest of this form even if there is only one person using this form. You can file this Motion by yourself or with any other Defendants listed in the Complaint you received. Defendants: Your Names A. Defendants are providing the following information: 1. The address of the property involved in this foreclosure case: In A1, enter the complete address of the property involved in this foreclosure case. Street Address , Apt # City State ZIP In A2, check 223Yes224 if you have a mortgage loan for the property involved in this foreclosure case. 2. Defendant s are the borrowers of a mortgage loan on the property involved in this foreclosure case: Yes No In A3, check 223Yes224 if you live in the property involved in this foreclosure case. 3. Defendants live in the property involved in this foreclosure case and it is their main home: Yes No In A4, check 223Yes224 if the property involved in this foreclosure case is a single family home or has 1 to 4 separate units where people live. 4. The property involved in this foreclosure case is a single family home or has 1 to 4 residential units: Yes No In A5, check 223Yes224 if you went to court and saw a judge about the property involved in this foreclosure case. 5. Defendants have already been in front of a judge about this foreclosure case: Yes No American LegalNet, Inc. www.FormsWorkFlow.com Enter the Case Number given by the Circuit Clerk: SS - M 911.4 Page 2 of 4 ( 03 /1 8 ) In A6, check "Yes" if you went to court before and gotten a foreclosure stay in this case. If you check yes, attach all related orders. 6. Defendants already have a foreclosure stay in this case: Yes No Defendants have attached all prior foreclosure stay orders. 7. The judge signed the order for a Judgment of Foreclosure and Sale on: In A7, enter the date the judge signed the Judgment of Foreclosure and Sale you received. Date 8. A foreclosure sale of the property is scheduled for: In A8, enter the date the property is going to be sold. Date B. Defendants are asking to delay the foreclosure sale because: 1. Defendants have a loan modification application pending: In B1, check 223Yes224 in the first part if you have applied to get your mortgage loan changed so that you can keep the property. In the second part, check the box about whether the modification is under the HAMP program. Yes No Do Not Know It is a HAMP loan modification?: Yes No Do Not Know Under the terms of the modification, the lender is not permitted to go forward with the sale at this time (attach a copy of the modification contract to this Motion ). Yes No Do Not Know 2. Defendants have a sale contract for the property being sold as a result of a foreclosure (attach a copy of the sale contract to this Motion ): In B2, check 223Yes224 if you have a contract to sell the property as a short sale. Yes No Do Not Know 3. Defendants need additional time to explore their options or seek advice. Yes No Do Not Know In B3, check "Yes" if you need more time to explore your options or seek advice. 4 . Other: C . Defendants ask the Court to: In B4, enter any other reason you are asking to delay the foreclosure sale. 1. Delay the foreclosure sale of the property being sold as a result of a judgment of foreclosure and sale; AND 2. Award other such relief as the Court deems just and equitable. Under the Code of Civil Procedure, 735 ILCS 5/1-109 , making a statement on this form that you know to be false is perjury, a Class 3 Felony. Defendants certify that everything in the Motion to Stay Foreclosure Sale is true and correct. Defendants understand that making a false statement on this form is perjury and has penalties provided by law under 735 ILCS 5/1 - 109 . /s/ Defendant Signature Defendant Printed Name If you are completing this form on a computer, sign your name by typing it. If you are completing it by hand, sign and print your name. Street Address , Apt # City State ZIP Phone After you finish this form, each Defendant on the form must sign and print their name, current addresses and phone number. Defendant Signature Defendant Printed Name Street Address , Apt # City State ZIP Phone Defendant Signature Defendant Printed Name American LegalNet, Inc. www.FormsWorkFlow.com Enter the Case Number given by the Circuit Clerk: SS - M 911.4 Page 3 of 4 ( 03 /1 8 ) Street Address , Apt # Check if you need more room and fill out and file the Additional Defendant Signatures, Names, & Addresses f orm with this form. City State ZIP Phone Defendants have attached the Additional Defendant Signatures, Names, & Addresses Form PROOF OF DELIVERY In 1a, enter the name, mailing address, and email address of the party or lawyer to whom you sent the document. 1. I sent this document: a. To: Name: In 1b, check the box to show how you sent the document, and fill in any other information required on the blank lines. First Middle Last Address: Street , Apt # City State ZIP Email address: b. By: Personal hand delivery CAUTION: If the other party does not have a lawyer, you may send the document by email only if the other party has listed their email address on a court document. Regular, First - Class Mail, put into the U.S. Mail with postage paid at: Address of Post Office or Mailbox Third - party commercial carrier, with delivery paid for at: Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filing service provider (EFSP) Email (not through an EFM or EFSP) Mail from a prison or jail at: In c, fill in the date and time that you sent the document. Name of prison or jail c. On: Date At: a.m. p.m. Time In 2, if you sent the document to more than 1 party or lawyer, fill in a, b, and c. Otherwise leave 2 blank. 2. I sent this document: a. To: Name: First Middle Last Address: Street , Apt # City State ZIP Email address: b. By: Personal hand delivery Regular, First - Class Mail, put into the U.S. Mail with postage paid at: Address of Post Office or Mailbox Third - party commercial carrier, with delivery paid for at: Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filing service provider (EFSP) American LegalNet, Inc. www.FormsWorkFlow.com Enter the Case Number given by the Circuit Clerk: SS - M 911.4 Page 4 of 4 ( 03 /1 8 ) Email (not through an EFM or EFSP) Mail from a prison or jail at: Name of prison or jail c. On: Date At: a.m. p.m. Time In 3, if you sent the document to more than 2 parties or lawyers, fill in a, b, and c. Otherwise leave 3 blank. 3. I sent this document: a. To: Name: First Middle Last Address: Street , Apt # City State ZIP Email address: b. By: Personal hand delivery Regular, First - Class Mail, put into the U.S. Mail with postage paid at: Address of Post Office or Mailbox Third - party commercial carrier, with delivery paid for at: Name (for example, FedEx or UPS ) and office address The court's electronic filing manager (EFM) or an approved electronic filing service provider (EFSP) Email (not through an EFM or EFSP) Mail from a prison or jail at: Name of prison or jail If you sent your document to more than 3 parties or lawyers, check the box and file the Additional Proof of Delivery form with this Motion . c. On: Date At: a.m. p.m. Time I have completed an Additional Proof of Delivery form. Under the Code of Civil Procedure, 735 ILCS 5/1-109 , making a statement on this form that you know to be false is perjury, a Class 3 Felony. I certify that everything in the Proof of Delivery is true and correct. I understand that mak