C i v i l I r

Procedure, Process^
May 2013
Purpose:
This i nformati on is an at t empt to i denti fy the actual profits and
expenditures resulted f rom the Will County Sheriff's
Foreclosure Sale and i denti fy cost saving potenti al s. This
report wi l l use Foreclosure Sales data f rom the prior years, as
well as i nformati on on what the other counties do in similar
situations regarding the operati on of foreclosure sales, wi t h
recommendati ons on how the Civil Process Division can
increase revenue for the Will County Sheriff's Office.
Report Assistance by;
Admin Cleri< Donna Jo Weigel
Admin Clerk Tosclian Johnson
Deputy B. Monalian
H I S T O R Y
Prior t o 1964, Judi ci al Ar t i cl e, Sheri ff' s f or ecl osur e sales wer e
conduct ed by Mast er of Chancery.
V\^hen t hat syst em was abol i shed and a uni f i ed cour t syst em
est abl i shed, t he Mor t gage Forecl osure Act al l owed a sale by sheri f f or
any j udge.
In 1965 t he Wi l l Count y Cour t syst em exper i enced a backl og i n
processi ng t he number of sheri f f sales and t he super vi si ng Ci rcui t
Judge f or Wi l l Count y, t he Sheri ff and t he Chi ef Judge creat ed a
pr ocedur e whi ch was t hen adopt ed by t he Wi l l Count y Board pur suant
t o t he Count y Board r esol ut i on whi ch reads;
"WHEREAS, the Circuit Court of Will county is referring judicial sales to the Sheriff
of this county.
NOW, THEREFORE, BE IT RESOLVED that the Sheriff of this county shall retain an
attorney or attorneys, subject to the approval of the Circuit court, to assist him in
holding judicial sales and in complying wi th the statutory requirements imposed
upon him in connection therewith and he shall pay out of the commissions and
fees received from such sales to such attorney or attorneys for said service the
sum of $125.00 for each sale; the sheriff shall pay said sum to the attorney having
assisted him on each of the sales made by him since October 1,1965."
This resolution became the gui di ng framework of the
Sheriff Sales through 1987.
in 1987 a New Mort gage Foreclosure Act t ook effect in Hlinois whi ch
provi ded t hat reai estate shall be sold at a sale on such terms and
condi t i ons as shall be specified by the court in t he j udgment of the
foreclosure.
Illinois Supreme Court Rule on Forclosure sale, entered on April 8, 2013 and
effective May 1, 2013 now states;,
(f) Judicial Sales. In addition to the requirements for judicial sales set forth in
sections 15-1506 and 15-507 of the Illinois Mortgage Forclosure Lav^ (735 ILCS
5/15-1506,15-1507) the following will apply to mortgage forclosure sales;
(2) Selling Officers. Any foreclosure sale held pursuant to section 15-1507 may be
conducted by a private selling officer who is appointed in accordance with
section 15-1506(f)(3).
735 ILCS 5/15-1506
(f) Special Matters in Judgement. Without limiting the general authority and
powers of the court, special matters may be included in the judgement of
foreclosure if sought by a party in the complaint or by separate motion. Such
matters may include, without limitation:
(1) A manner of sale other then public auction
(2) a sale by sealed bid
(3) an official or other person who shall be the officer to conduct the sale other
then the one customarily designated by the court
Subsequentl y, t he Twel fth Judicial Circuit enacted rules for j udi ci al
and foreclosure sales in Section 11 whi ch provi des that
"... unless otherwi se ordered by the Court, all Judicial and Foreclosure
Sales of Real Estate ordered as of t he result of t he forecl osure of
mort gage shall be assigned t o the Court Aucti oneer who acts on
behal f of bot h t he Sheriff of Vi/iII County and the Circuit Court".
F i n a n c i a D a t a
The sale of foreclosure properties nets a substantial amount of i ncome
for the Will County Sheriff's Office and Dunn, Marti n, Miller and
Heathcock; Attorneys at Law.
In fact, the Will County Sheriff's Foreclosure Sale has been so
successful in generati ng revenue the past years, that if the Sheriff's
Office conducted the sale wi t hout the assistance of Dunn, Marti n and
Miller, and Heathcock we coul d see an increase of an extra $100.00 per
case each week, vx^ith the prospective of bri ngi ng in an extra $150.00
cancellation fee for each foreclosure case that's cancelled weekly
(approx 20-40 percent are cancelled weekly), whi ch the Sheriff's Office
does not collect or receive as net income currently.
Local Court Rules
12th Judicial Circuit Will County Illinois
Judicial and Forclosure Sales
Section 11.06 Moni es t o be deposi t ed wi t h t he Sheriff states,
"All moni es pai d as a result of t he sale under thi s Arti cl e shall be
deposi t ed wi t h t he Sheriff of Will Count y t o be retai ned in a special
account subj ect t o di sbursement orders entered by the Court".
It is imperative to understand how/ the funds come into the
department, how they are broken down, plus the manpower hours
that are utilized VMhWe processing these payments and duties.
In a typical foreclosure in 2012, the follov^ing funds are taken in and
dispersed accordingly (using an average case.)
AVERAGE WILL COUNTY SHERIFF' S OFFICE FORCLOSURE SALE
25.00
Miller, and Heathcock
tiflrtiii
2.00 dispersed to
111 County Circuit Clerk
As compared to
Kane County Sample Forclosure Breakdown
fee Payable to Sheriff - $600.00
Recor der of Deeds - Paid Directl y by Attorney
Circuit Cl erk - Paid Directly by Attorney
Publ i shi ng - Paid Directl y by Attorney
Sheriff Deed ~ ( i ncl uded in 600 dol l ar fee)
Under the current system, the Wil! County Sheriff's Office v^rites
checks weekly t o t he Recorder of Deeds, Circuit Cferk, Publishers, and
Dunn, Mart i n, Miller, and Heathcock.
The checks wri t t en to publishers are made pursuant t o !av, as publ i c
posti ng of the sale must be gi ven.
WI LL COUNTY SHERIFF^S OFFICE DI SBURSEMENTS IN 2012
!n 2012, the WCSO processed
3012 Forcl osure Sal es.
From these sales,
275,091-05 J
The checks wri tten and accounted for
take approximately 5 minutes of
manpower for each foreclosure sale t o
accurately account for monies, record
checks, and keep track of payments.
In 2012, this worked out t o an
estimated number of over 250 hours of
manpovv/er. This also saves money on
check fees and check processing fees.
m mm
3 0 1 2 total l Gi x : 1 o s y i B S
5 mins to disburse and \
account for funds per
forclosure ;
250 manhours per year .in
possible savings
Comparison to Nei ghbori ng Counties
Through research, it has been learned that Cook, Dupage, Grundy, Kane, Kankakee,
Kendall, and LaSalle Counties conduct their own sheriff sales wi t h the use of a Court
Appoi nted Auctioneer. These counties appoi nt a Lieutenant or other Deputy
Sworn-Personnel as the Court Auctioneer.
/hese neighboring counties also utilize their Civil Process Divisions, to run all Sheriff Sales
and effectively eliminate the need for a third party.
They also do not function as a clearing house for attorney economy, whereas, fees are
paid by the Attorney directly to Recorder of Deeds, Circuit Clerk, Publishing, and other
fees.
This effectively eliminates hours of manpower for the department and streamlines
operations.
Since 1965, the Wilf County Sheriff's Office has ah^ays charged 500 dollars -
per foreclosure, as wel l as an addi ti onal fee of 125 dollars for the services of
Dunn, Marti n, Miller, and Heathcock.
By statute, 600 dollars is the maxi mum fee that may be gained f rom a
foreclosure sale in the State of Illinois.
2008 - 2012 Will County Sheri f f s Office Revenue Compari son
Year
it
Forcl osures
M853
2004
2491
1742
3012
Will County Sheri f f s
Office Revenue
$926,500.00
$1,002,000.00
$1,245,500.00
$871,000.00
$1,506,000.00
Dunn, Marti n, Miller, and WCSO Added Revenue if fees
Heat hcock
$231,625.00
$250,500.00
$311,375.00
$217,750.00
$376,500.00
vyere rai sed to $600 from $500
$1,111,800.00
$1,202,400.00
$1,494,600.00
$1,045,200.00
$1,807,200.00
2008 - 2012 Will County Sheriffs Office Revenue Comparison
m County Sheriff Office
Revenue
$2,500,000
$2,000,000
*'Yr ' '
. , . $1,500,000
$1,000,000
$500,000 / f ;
$0,00 i ^ ' i ^ ^ f e ^
yeaWyfcrec/os.re. ^853 ^004 2491 1742 3012
2008 2009 2010 2011 2012
P r o j e c t i o n s
Foreclosures have been rising t hroughout the county and are forecast to conti nue
to rise.
We expect over 200 forecldlure*sa!3s a :
week beginning in August 2013
Cpntiriuing Ihroialhofut tllteyean
If the Will County Sheriffs Office began to run the sale, the amount of
foreclosure sales could take place on more days and in various locations
throughout the county, thus eliminating any possible backlog.
The Will County Sheriffs Office also would be able to collect any cancellation
fees in the amount of 150 dollars.
For the month of April 2013, Dunn, Martin, Miller,
and Heathcock had 117 reported cancellations on
their v^/ebsite.
At 100 dollars per cancellation, total fees would
be estimated at 11,700 per month, vv'ith a rough
estimate of over 140, 00. 00 per year.
117 Cancellations
X j
100 dollar fee per
cancellation I
11JO0 for April 2013
12 Months
Estimate 140,000 per,year j
The Will County Sheriff's Office and the County of Wil
should adopt a model utilized by other counties in the
area, where Attorneys become responsible for fees to the
Recorder of Deeds, Circuit Clerk, and Post their ow/n
publishing.
Cancel l ati on fees and Reschedul i ng Fees may also be anot her source
of revenue t hat shoul d be i nvest i gat ed and possi bl y i mpl ement ed.
Furthermore, it is recommended that the Will County Sheriff take
measures to encapsulate all Sheriff Sales in house as other counties do.
This woul d mean endi ng t he relationship wi t h Dunn Marti n Miller and
Heathcock.
An appoi nt ment woul d have to be made appoi nt i ng someone inside t he
depart ment as the County Auctioneer, at vv/hich point, the Will County
Sheriff's Office Civil Process Division could t hen assume all duties
required and wi t h less manpower hours t hen are currently utilized under
t he current model .
APPENDIX
1) 1965 Will County Board Resolution
2) Memorandum , R. Miller to J. Johnson July 1987
3) Memorandum, M. Martin to J. Kuzma Feb 2007
4) Email, R Kaupas to D. Jordan April 2013
5) 12^^ Judicial Circuit Court Rules
6) Sample Will County Foreclosure cover sheet
7) Sample Kane County Foreclosure cover sheet
8) Kane County Sheriff Office Foreclosure Rules
9) Dupage County Sheriff Office Foreclosure Rules
10) Cook County Sheriff Office Foreclosure Rules
11) Kendall County Sheriff Office Foreclosure Rules
12) Invoice, Dunn, Martin, Miller, and Heathcock
Cancellation Fee
122 PROGSEDLHGS Oj ' ' T h E BOA.P.D 0 ? SUPSRVI SORS
i '
Superv' Lso- Needhaj n present ed l et t er f r o m the r>ep_rtmsnt o'
P^>'Eiiue j t s t i n g t hat the amount of count y sal es t ax f o r ' t h e mont h
0/KcTve ber amount ed to 51S,S"Q7.1i, and moved i hat add ramLmujiJ-
cadon i>e pi eced on fi l e.
.MoLJon c a r r i e l
Ke aJso r epor t ed on anot her commanj cat i on frc-m t he Depar t -
ment oi Re-y'enue enc!c=-ing a cer t i i j cat e Ls.sued by the Depa-rt -
ment o ' Revenue cover i ng compeasat i on and expenses of Boar d of
Revi ew whi l e Ln ext r a session. Ke made a mot i on, seconded by Super -
vi sor Lo' j g. hr an, t hat this also be pl aced on f i l e.
Mot i on car r i ed.
Copi es of Au d i t Repor t f or t he l ast f i scal j ' ear endi ng Aug-ast
31, ISeS, submi t t ed by G-rumley, Di cke, Th o r n t o n and Qa r k , Cer t i -
f i ed P^j bl i c .4. ceo on t ants, were passed out t o al l supr , ds or 3. No
act i on WSJ tai-:en on r epor t t oday but t he sup^ervdsors were asked to
st udy t he r epor t before the next meetLng. A n y questi or-s may be
r ef er r ed t o Chai r man Hasser t or t he Chai r man of t he Fi nance Com-
mJt t ee, Super vi sor . Bought on.
Sup-ei-rdsor Needham pr esent ed Lhe f ol l owi ng Resol ut i on:
. P. E S 0 L U T I O N
"VV'HSRE.A.S, t he Ci r cui t Cour t of WUl Count y is r ei s r r i ng j udi ci al
sal es. t o' t,he Sher i f f of t i i i s count y.
n o w ; ' ' T H E R E F O R E , BE I T RESOL VED t hat t he Sher i i f of t hi s
count y shai l r et ai n an at t or ney or at t or neys, subj ecf t o t he sppr oval .
of t he Ci r c u i t Coi i r t , to assi st hi m i n hoki i ng j udi c i al szies and I n com-
pl yi ng wi t h the st at ut or y r equi r ement s i mposed upon h i m i n connK-
t i on t her ewi t h and he shal l pay out 01 t he commi ssi on-s and fees r e-
cei ved f r o m such sales t o such at t or ney or at t or ney s f or sai d ser vi ce
the sum of S125.00 f or each sal e; t he sher i f f shal l pay sai d sum to t he
at t or ney ha\ dng assi sted h i m on each of t he sal es made by hi m si nce
Oct ober 1, 1S65.
Super vi sor Needham m.ade a mot i or i , seconded by Super vi sor
Loughr an, t hat t hi s Resol ut i on be adopt ed
Mot i on c ar r i ed
Super vi sor Needham read the f ol l owi ng Resol ut i on:
ill County
J OHN W. J OHNS E N
SncRI Fr
1 4 W. J E F F E R S O N S T . , J O L I E T , I L 6 0 4 3 1
815- 727- S895
Jul y 17, 1987
Randal J . Mi l l e r , At t orney
- Sui t e 612
57 North Ottawa St r eet
J o l i e t , I l l i n o i s 50435
Dfear At t or ney Mi l l er :
Duri ng the past sever al months, At t or ney Ludwig Kuhar, S r . ,
has because of personal i l l n e s s , been unabl e to ser ve as the
at t or ney f or the She r i f f of Wi l l County, to a s s i s t in the hol di ng
of j u d i c i a l s a l e s . Subj ect to the approval of the Honorable
Mi chael A. Or eni c, Chi ef Judge of the 12th J u d i c i a l Ci r c u i t , I am
appoi nt i ng you to s e r v e, in pl ace of Mr. Kuhar, on a temporary
ba s i s , unt i l a det ermi nat i on can be made when Mr. Kuhar wi l l be
abl e to cont i nue in hi s pr evi ous capaci t y.
I n the event Chi ef Judge Oreni c approves t hi s appointment,
pl ease cont act Chi ef Deputy Char l es Hahn, who i s- r esponsi bl e f or
the management of the- c i v i l di v i s i on of the Wi l l County Sh e r i f f ' s
Department, f or the purpose of coor di nat i ng matters of mutual
concer n.
Si ncer el y your s.
JWJ/ ks
Pl ease f i nd a co
March 9, 1966.
r e s 01 u t i o n passed or
J. MARTIN
RAND.iLJ. MILLER
DOUGL'^S E. HEATHCOCK
finCHALR.llARm'
RESPOND TO: JOLIET
DUNN, ' MART I N & MI LLER, LTD.
.A.TTORNEYS AT MR' -
SUITE 300
15 WEST JEFEERSON STREET
JOLIET, ILLINOIS 60432
TELEPHONE (815) 726-7311
FAX (815) 726-2644
E- MaU: AlErmil4@sbcdobEl.net
February 1, 2007
FR.4.NCIS A. DUNN (1913-1?94)
BY .APPOLNTiVffiNT ONLY
405 iS^EST JilAIN STREET SuTTE S
PLmTIELD, nUIyOIS 60544
TELEPHOr-iE (815) 439-0077
F.LX. (815) 439-1329
Mr. James Kuzma
Wi l l County Shenff s Office
15 W. Jefferson Street
Joliet, Illinois 60432
In re: Wi l l County Foreclosures
Dear Mr. Kuzma:
Pnor to the 1964 Judicial Article, sheriff sales were conducted by Masters i n Chancery. ^Vhen
that system was abohshed and a unified court system estabhshed, the Mortgage Foreclosure Act aUoAved
a sale by the sheriff or any judge. In 1965 the Wi l l County Court system experienced a backlog i n
processing the numiber of sheriff sales and the supen'ising Circuit Judge for Wi l l Count}', the Sheriff and
the Chief Judge created a procedure which was then adopted by the Wi l l County Board pursuant to the
County Board resolution enclosed.
In 1987 a new mortgage foreclosure act took effect in Hhnois which provided that real estate
shall be sold at a sale on such term.s and conditions as shall be specified by the Court in the judgm-ent of
the foreclosure.
Subsequently, the Twelfth Judicial Circuit enacted rules for judicial and foreclosures sales i n
Section 11 which provides that .unless otherwise ordered by the Court, all judicial and foreclosure
sales of real estate shall be assigned to the Court's Auctioneer who acts on behalf of both the Sheriff of
Wi l l County and the Court." ' '
Because of the potential for generating revenue to the CouniA', the AV'ill Count}' Court required
the appointment of a Court's A.uctioneer instead of allowing the mortgagees hiring of private
auctioneers. In fact, the Wi l l County system has been so successful in generating revenue that would
othei-wise be lost to private parties, that other counties have ffequentiy inquired and adopted similar
systems modeled after it.
My partner PN.andy Mi l l er has been appointed the Court's Auctioneer wi t h the approval of the
Circuit CourtL Judges and wi t h the concurrence of the Sheriff; however, he is i n Mexico thus week
celebrating his 30* wedding anniversary and I cannot locate the paperwork.
I f 1 can be of any further assistance, ki ndl y feel fi-ee to contact m-e.
Sincerely,
i
MI CHAEL J. MAHTI N
MJM:sa
E n d .
(
Dori s Jordan
Fr om: Paul Kaupas
Sent : Tuesday, April 30, 2013 12:21 PM
To: Doris Jordan; Jerry Nudera
Subj ect : FW: Forecl osure Sal es - Supr eme Court Rul e 040813
IFroiiK Greg Sullivan [mailto:greg@ilsheriff.org]
Sent: Tuesday, April 30, 2013 11:48 AM
To: ilsheriffsassoc
Subj ecl : : Forecl osure Sal es - Supreme Court Rule 040813
Sheriffs,
It appears that the forecl osure sale compani es back- doored us through the Supr eme Court. I'm not exactl y sure w/hat i mpact this has or what the process for the
appoi nt ment is. It appears the j udges still have the latitude not to appoi nt. You may want to run this by your j udges to see if they agree wi th my anal ysi s.
/ - "SUPREME COURT R U L E ON F O R E C L O S U R E S ALES
E N T E R E D AP RI L 8, 2013 ^ .
V E F F E C T I V E MAY 1, 2013
(1) Jui l i ci i t l Sales. In addition to the requirements for j udi ci al sales set ;l:orth i n
sections 15-1506 and 15-1507 of tlie Illinois Mortgage Foreclosure Law (735 ILCS
.^5/15.JJi)6jJ^5j45^ following wi l l apply_to mortgage foreclosure sales:
(1) Notice of Sale. Not fewer than 10 business days before tlie sale, tlIe"atfonaey
for the plaintiff shall send notice by mail to all defendants, including defendants i n
defaiilt, ofjthe foreclosurejale date, time, and location oLthe sale.
f^^(2) Selling Officers. Any .Foreclosure sale held pursuant to section 15-1507 may
be conducted by a private selling officer who is appointed i n accordance with section
15-1506(11(3)/
(3) Surplus Funds. I f a judicial foreclosure sale held pursuant to Section 15-1507
of the Illinois Mortgage Foreclosnre Law (735 ILCS 5/15-1507) results i n the
existence of a surplus of funds exceeding the amoimt due and owing as set forth i n
the judgment of t^oreclosure, the attorney for.the plaintiff shall send a special notice
1
[
to the rai J govs advising them of the surplus funds and enclosing a form for
presentment of the motion to the court for the funds.
735 ILCS 5/ 15- 1506
( f ) S p e c i a l Ma t t e r s i n Judgment . Wi t hout l i m i t i n g t h e g e n e r a l a u t h o r i t y and powe r s of t h e c o u r t , s p e c i a l ma t t e r s may
be i n c l u d e d i n t h e j udgment of f o r e c l o s u r e i f s o u g ht by a p a r t y i n t h e c o mp l a i n t o r by s e p a r a t e mo t i o n . Su c h ma t t e r s
may i n c l u d e , wi t h o u t l i m i t a t i o n :
( 1) a manner of s a l e o t h e r t h a n p u b l i c a u c t i o n ;
( 2) a s a l e by s e a l e d b i d ;
( 3) an o f f i c i a l or o t h e r p e r s o n who s h a l l be t h e o f f i c e r t o c o n d u c t t he s a l e o t h e r t h a n t h e one c u s t o ma r i l y
d e s i g n a t e d by t h e c o u r t ;
Executi ve Di i ector
Illinois Sheriffs' Associ ati on
401 E Washi ngt on, Suite 1000
Springfield, IL 62701
217- 753- 2372 Phone
217- 753- 2405 l-ax
217- 622- 6116 Mobile
gregCfl'ilsheriff.org
Executi ve Director
Illinois Sheriffs' Associ ati on
401 E Washi ngt on, Suite 1000
Springfield, IL 62701
217- 753- 2372 Phone
217- 753- 2405 Fax
217- 622- 6116 Mobile
RreR(5)ilsheriff.orR
2
i l J O JUDI CI AL AND FORSCLOSUKE SALES
1 LOl Person to Plold Judicial or Foreclosure Sales of Real Estate
A. Assignment to Court's Auctioneer of Mortgage Foreclosure Sales
Unless othervv'ise ordered by the Court, all Judicial and Foreclosure Sales of Real Estate
ordered as of die result of the foreclosure of a mortgage shall be assigned to the Court!s, ^
Auctioneer who acts on beloah" of both the Sheriff of Wi l l County and the Circuit Court. The
Court's Auctioneer shall prepare all documents required by Rule I I .02. The attorney for
plaintiff shall furnish all information requested by the Court's A.uctioneer. The Plaintiff shall
also give notice of the sale pursuant to 735 ILCS 5/15-1507(c)(3) to all parties .in the action
who haA'e appeared and have not been found by the Court to be in default for failure to plead.
B. Al l Other Court Ordered Sales
In the event of a Court ordered sale of property (real or personal), that is not the result of the
foreclosure of a mortgage, such sale shall be assigned to an ofiicer designated by the Court in
the judgment order. Judicial or foreclosure sales of personal property, collateral assignments
of beneficial interests in land trusts, security interests in personal property, or real estate sold
pursuant to partition shall be m^ade by such officer, attorney or other part}' (includuig a party
litigant), upon such tenr.s and on such notice as required by la\^' or as may in each case be
ordered by the Court. The rules and limitations provided in this Rule 11.00 are to apply to
sales pursuant to Rule 11.01 (B) only to the extent and in such marmer that the Court may, in
each case, direct. The Court, in the exercise of its discretion, may also assign the sale of
property pursuant to Rule 11.01(B) to the Court's Auctioneer.
11.02 Preparation of Documents
The Court's Auctioneer in all Rule 11.01 (A) sales or the plaintiff in all Rule 11.01 (B) sales
shall do the following:
A. Prepare a notice of the sale and have it published in an English language newspaper of
general circulation in the county;
B. Prepare a report of sale and distribution;
C. Prepare a certificate of sale and record it with the Wi l l County P.-ecorder of Deeds; and
D. File a report of sale with the Circuit Clerk prior to the entry of an order conrfrnning the
sale.
11.03 Sales Procedures
A. Prior to the scheduling of any sale date, the plaintiff shall provide to the Court's
Auctioneer a certified copy of the judgment order, Ai-Lich must uiclude the date of the
expiration of the period of redemption.
B. Tne Court's Auctioneer is obligated to maintain records for the cases assigned to it filed
during the current year and the two preceding calendar 3''ears. Any records for older cases not
filed in the current year or the t^-o preceding calendar years may be destroyed by the Court's
Auctioneer without notice. Therefore, any party attempting to schedule a sale on a judgment
order in a case not filed in the current 5'ear or the t^^-o preceding calendar years miust provide
the Court's Auctioneer a new certified copy of the judgment order.
C. Unless the Court makes an express finding following a hearing sviih due notice to the
Coun's Auctioneer ihat it is proper to varj' the terms of the sale described herein and the
Court varies the terms of the sale in an order separate fi-om. the judgment order then all
judgment orders shall specify that the terms of the sale shall be payment of a deposit in cash
or certified funds of 10% of the amount of the successful bid and pa5'ment of the balance of
the successful bid in cash or certified funds within twentj'-four (24) hours. ^Any pajmients
accepted after tvi'ent3'--four (24) hours must mclude per diem interest at the judgment rate pius-
any costs mcurred. Any judgment order containing terms of sale which conflict with the
terms of sale specified in this Rule shall be deemed to be amended to com^orm the judgment
order to the terms of sale specified in this Rule unless an order was entered by the Court
pursuant to this Rule var}'ing the terms of sale. Al l paym^ents of the successful bid amount or
any portion thereof shall be made in cash or certified funds payable to the Sherifi" of Wi l l
County. Ever}' bidder shall present to the Court's Aucnoneer proof satisfactory to the Court's
Auctioneer of funds representing at least ten percent (10%) of the am-ount of the bid Ln cash
or certdfied funds prior to the bid being accepted by the Court's Auctioneer.
D. I f the Court's Auctioneer is to present an opening bid at the sale on behalf of a mortgagee,
then the bidding instructions must be in writing and must be received at the onlce of the
Court's Auctioneer at least one (1) hour before the time of the scheduled sale. Al l bids shall
be accompanied by a cashder's, certified, or law firm check for the costs of the sale.
E. In the event that a Vv'ritten bidding instructions and / or the costs of sale are not timely
receiA'ed pursuant to Rule II.03 D the Court's Auctioneer wi l l automatically continue the
sale for a period of seven (7) days or to the next available date for scheduled sales, and an
additional fee wi h be assessed by the Court's Auctioneer. I f the continuance results in the
need to republish the sale to comply with the terms of the Mortgage Foreclosure Act, then on
the continued date, the sale wi l l be canceled and not rescheduled until such time as the costs
of republication, the reschedulirig fee, and all other costs are received by the Court's
Auctioneer.
F. No communication regarding bids, continuance requests or cancellations of mortgage
foreclosure sales are to be sent to the ofiice of the Wi l l County Sheriff Any communication
sent to the Wi l l County Sheriff wi l l be treated as a nullit}'. .AJ.1 bids, continuance requests and
cancellations of mortgage foreclosures sales are to be sent directiy to the office of the Court's
Auctioneer and must be received at least one (1) hour before the sale.
G. Tne costs for canceled sales including pubhcation and the Court's Auctioneer's fees, must
be paid by the party requesting the sale withdn thkt}' (30) days of the canceled sale date. I f
m.ortgagees or attorneys are ceiixiquent in the pa}'ment of any costs or fees.incurred, then.rhe
Court's Auctioneer may reflise to conduct sales upon any of the other cases of the mortgagee,
the attorney and / or the laAV firm until such time as all costs and fees and all delinquent
accounts are paid m full.
H. Following the sale, the Court's Auctioneer shah prepare and file with the Chcuit Clerk, a
report of sale and distribution. The Court's Auctioneer shail also record with the Recorder of
Deeds an original certificate of sale and provide the successful purchaser with a copy.
I . FoUowLng the filing of the report of sale by the Court's Auctioneer, the plahitifi'shall be
responsible for presenting to the Court for approval an order confirming the sale v.'ith all
necessar}' supporting documents, including but not limited to, proof of publication, notice of
sale, and notice of motion for presentation of the order confirming sale, a copy of the
certificate of sale, and i f applicable, all proof required by the Court for the entr}'- of a
defici ency j udgment.
J. ff there is a surplus foUowiag application of the proceeds of sale, then the plaintifi" shaU
send written notice pursuant to 735 ILCS 5/15-1512(d) to all parties to the proceeding
advising them of the am.ount of the surplus and that the surplus wi l l be held until a part}'
obtains a court order for its distribution or, in the absence of an order, until the surplus is
forfeited to the State.
11.04 Issuance of Deed or BiU of Sale
Followmg the entr/ of an order confinning sale, the purchaser at the sale shall prepare and
foFn'ard to the Court's Auctioneer the follov,'ing;
A. A copy of purchaser's certificate of sale and the original or a recorded copy of any
assignm^ent thereof AJl assigrmients of the certificate of sale mmst be recorded with the Wi l l
County Recorder of Deeds before a deed is signed by the SheriS'or the Court's Auctioneer:
B. Aproposed Deed for signature by the Sheric of Wi l l County, the Court's Auctioneer, or
the Court and a copy thereof ^
C. A completed state and / or mjjnicipal P^eal Estate Transfer Declaration or a declaration of
exemption i f required by the Recorder of Deeds.
D. I f the auction was of personal propert}' pursuant to Rule 11.01 (B) and not of real estate, a
Bi l l of Sale for the personal property auctioned, in an '"as is" state with a disclaimer of all
warranties, which wi l l be returned to the purchaser after signature by the Judge presiding in
the court which ordered the sale.
E. The Court's Auctioneer is hereby given authorit}' by this Rule to execute on behah"of the
Sheriff aU Sherifi?'s Deeds arising out of mortgage foreclosure sales pursuant to this Article.
F. After execution by the Sheriff or the Court's Auctioneer, the Sherifii^s Deed and Real
Estate Transfer Declaration(s) wi l l be returned to the grantee for recording, and it shall be the
obhgation and expense of the grantee to record the Sheriii's Deed.
11.05 Return of Documents to Counsel
Al l communications should be properly addressed to the Court's Auctioneer or the
designated officer to whom the sale is assigned. Plaintiffs and their attorneys wi l l at all thr.es
eBciose a postage-paid, seli^addrssssd esvelope or s prepaid or COD. courier retuni
envelope when documeBts are to be rstamed to them.
11.06 J/Ioaies to fas Deposited witli the Sheriff
All monies paid as a result of sales undsr this Article shall be deposited with the Sheriff of
Wi l l County to be retained ia a special account subject to disbiarseinent orders entered by the
Court
11.07 Use of FijtBFe Technology and E-Fiiiiig
The Court's Auctioneer may, from tiioe to time, institiite procedures consistent with this
Article 11.00 in order to implement e-SIiEg to accommodste sdysacements ia technology, or
to enhance the orderly processing and administration of sales.
Will County
1 1 C H 1 1 7 0
D A T E Re c e i p t Nu ml a e r
6 / 2 1 / 2 0 1 2 9 3 1 2 2
F v e c e i v e c l of
C a s e N a m e
T o t a l
Pi er ce & As s oc i at e s PNC Bank, MA vs. Chad Har l an, et al $1, 301. 95 Fees given by attorney for payment
Du n n , Mar t i n, IVliller & He a t h c o c k $125- 00 check written by sheriff clept weekly
Rec or der of De e d s $24. 75 check written by sheiiff clept weekly
Ci r cui t Cl er k $12. 00 check written by sheriff clept weekly
Labor Re c o r d $ 6 4 0 . 2 0 check written by sheriff clept weekly
Sher i f f De e d
$5, 00 paid by 3rd parly purchaser
Ab a n d o n e d Rel i ef Fund 1 0 % p u r c h a s e of - paid by 3rd party purchaser
Sher i f f ' s Fe e s $500. 00
Av e r a g e 100 c hec k s wr i t t en by sher i f f ' s d e p a r t me n t mont hl y .
Du n n Mar t i n Mi l l er d o e s not c onf i r m sal e i n cour t . T o d e t e r mi n e if sal e i s f i nal or if t her e is any " conf l i ct s"
Kane County
D A T E Re c e i p t N u mb e r
10/ 25/ 2012
Received of
Case Name
Total
I'^ierce & As s oc i at es Wel l s Far go Bank vs. Rober t Dor ey, et a $ 6 0 0 . 0 0 Fees given by attorney for payment
Du n n , Mar t i n, Mi l l er & Heat l Mo auctioneer Sheriff Dept (Lt.) handles auction
Re c o r d e r of De e d s paid by attorney
Ci r cui t Cl er k paid by attorney
Labor Rec or d paid by attorney/its their responsibility
Sher i f f De e d No charge included in $600.00
Ab a n d o n e d Rel i ef Fund 1 0 % pur c has e of : paid by 3rd party purchaser
Sher i f f ' s Fees $600. 00
Al l pay out s ar e sent out o n c e t he sal e i s CONI - I RME D i n cour t .
Ka n e Co u n t y ON L Y wr i t es c h e c k s t o t he b a n k f or 3r d par t y p u r c h a s e .
Th e y hav e 2 cl er ks , and 1 Li eut enant i s a s s i g n e d t o handl e t h e f or ec l os ur e sal e and dut i es.
)
)
)
PATSICK B. PEREZ
Sheriff
Kane Count}-- Sheriffs Office
37W755 I L. Route 38 Ste A
St. Charles Illinois 60175-7557
Omce of fee Sheriff
}L\m COmiY. ILLINOIS
L\ ^ ^
^ V- \V
Public Safer)'
630-232-6840
Foreclosure
630-208-2010
Foreclosure Fax 630-513-6984
\v\A"vv.kanesh er i f f . com
.V
. ^ ^ ^ ^
Sal e Locati on
Kane County Judicial Center
37W777 Route 38, St Charl es, IL 50175
Court Room JC100 - 9 A.M.
For e c l os ur a - Ema i l : f or ecl csur es@co. kan9. i l . us
Pr esi di ng Judge: Leonar d Wojtecl-d Confirmstion Locati on
GENEVA COURT HOUSE
100 South 3rd St, Geneva, IL
ROOM 150 - 1 P.M.
I o: Pi er ce &. As s oc i a t e s , P. O.
This letter confirms the Sheriff's sale date and confirmation date.
WE L L S F A R GO BANK , N.A.
Vs.
DORE Y , R O B E R T ; E T A L
Dat e: 7/ 3/ 2012
General Number
Sheriffs Number
Sal e Dare
Confrmation Date...
11Cn113
12SCH2613
10/ 25/ 2012
11/ 05/ 2012
Upon the issuance of a sale date, the sal e date is considered set The following original documents are required
three days prior to the sale date. Notice of Judicial sale, Certificate of publication and an affidavit of m.ailing notices
to the parties of the action. If the documents are not received three (3) days prior to the sale date the sal e will be
automatically continued to the next available sale date.
If the parties of the action have defaulted, an Order of Default must also be furnished.
Advanced bids Vv-ill be accepted only if they are on letterhead, or E-Mailed no later than 3:00 P.M. the prior day of
the sale. The Sheriffs Office will accept two bids on behalf of the plaintiff on each case. The opening bid plus one
(1) additional bid. If the Plaintiff does not have an opening bid, the sale vv'ill be continued to the following sale date
unless instructed in writing to sell.
After the sal e has been executed, the follov^'ing original documents are required by 1;00 P.M. on the V\/ednesday
prior to the confirmation hearing. Sheriffs Report of Sale / distribution. Certificate of Sale, Duplicate Certificate of
Sal e, Notice of Motion and Order confirming the sale. All documents received by the Sherift^s Office that are
pertinent to the case will be filed with the courts at the time of confirmation hearing. A deed and receipt of sale will
be executed if provided. If the documents have not been received the confirmation hearing will be continued to the
next scheduled hearing date.
Attorney File =: 10-34478
JOHN E. SARUBA
. .501 j N. C.ouji!.)' Farm Road
'.y/iicaton. liJinois 60187
(630) 407-2000
FAX (630) 407-20)3
OFFI CE OF T HE SHERI FF
COUNTY OF DUPAGE
"CivirDivision
Correoiioiis
Crime Labora ton' '
"Detective Division
Radio Rcxini
..Records, Division
WairanLs Divi,s!on
''tD3br4()7-2:0(S()"
(630) 407-2255
..io30) 407-2)00
" -(630) 407-2323
(630) 407-2400
/630) .407-.2270 .
(630) 4O7-2290
DuPage County Sheriff's Office Requirements for Conducting Foreclosure
Safes
Terms of Sale: Ten percent (10%) due by cash or certified funds at the time of ihe sale and the balance is due
within 24 hours of sale. The property offered for sale is subject to real estate taxes, special assessment s or
special taxes levied against said real estate and is offered for sale Vv'iihoui any representation as to quality or
quantity of title and v/ithout recourse to plaintiff and in "as in" condition. The sale is further subjecf to
confirmation by the court.
Location: DuPage County Sheriff's Office, Southv^'est Lobby, 501 N. County Farm Rd., Wheaion, IL, 10:00 a.m.
Confirmation Hearing: DuPage County Judicial Office Facility, 505 N. County Farm Rd, , Wheaton, IL, Counroom
assignments, date and time TBA at time of sale
Upon the issuance of a sale date, the sale is considered set. A certified Judgm-ent is to be sent to the Sheriffs
office as soon as the sale date has been set. The following original documents are required three (3) business
days prior to the sale:
{1) Notice of Judicial Sal e, (2) Certificate of Publication, and (3) Affidavit of mailing notices to the
parties in the action.
Opening Bids must be in writing on business letterhead or emailed to be received no later than 3:00P.M. the day
prior to the sale. The Sheriffs Office Vi'ill accept ONE bid on behalf of ihe plaintiff for each property being sold.
Sheri ffs Office Fees: The commission per sale is S600.00*, due prior to the confirmation of the sale. A
cancellation fee of S150.00 per cancellation is due upon receipt of invoice. A sale may be oontinued within sixty
days of the published sale date without charge.
After Lhe"s3'le has been executed, the follovv'ing original documents and a SAL E CCMI Vi l SSI DN F E E of
$SOO,00* are required one week prior to the confirm^ation hearing:
(1) Sheriff's Report of Sal e, (2) Original Certified Publications (3) Order Approving Report of Sal e and
Distribution, (4) Certificate of Sale and (5) Deed (5) Notice of Motion and Motion for Confirmation of
sale.
All documients received by ihe Sheriff's Office that are pertineni to the sale wil! be filed with the courts at the
time of confirmation hearing. The Sheriff's Office will execute deed, if provided, and will return with entered
documents after the confirmafion has taken place.
" Revi sed a s of 5/ 1/ 13 m a c c or da nc e wi t h IL Compi l ed St at ut es 55- f LCS 5/4-5001
Mail to: DuPage County Sheri ff' s Office Overnight Deiivery: DuPage County Sheri ff' s Office
Ci vi l Di vi si on Civil Di vi si on
P.O. Box 60 501 N. Count y Farm Rd.
Winneld, I L 60190 ' Whe.uon, I L 601S7
Please email the follovving: Foreclosure Direct Line: 630-407-2061
E.rniV.PeckfS.DuFagesh.eriff.org FAX: 630-407-2055
Marv.KroPDfajDuPageslieriff.or.g
CLiristine.Deanda(2jDuPagesheiiff.org
Coll een. .Zbi 1 sk i (a;Du p a gesheri.fi. org a ^ c VvULmi)/ I L ::5iieriff Official VVebsite - Foreclosure P.esearch Page 1 of
CvA] Process
Ci vi l Process Overvi ew
Fees
Foreclosure Usiings
Forecl osure Research
Chancery Sale Requirements
(PDF)
Order of Forcible Entry end
Detainer Procedurss
Persons! Levj'
Parsonai Le\'y Research
Real Estaie Lev-y
Real Estate Property' Lsv^
Instructions
Writ of Replevin
Foreclosure Kesearch
The Sheriffs Offica recommends researching all available fiies prior to bidding a! B foreclosure sale.
1. Files penai ni ng to foreclosure sales can b-e f ound at the Clerk of the Circuit Goui i Office, 505 N. County Farm Rd. , Wh=at on. You must
provide the clerk wi th ths case number of ihe propert)' you are i nterested in before you can study the file,
2. Additional research is recommended at the Recorder of Deeds Offi ce, 421 N. Count>^ Farm Rd. , Wheai on to see if there are any t=:^es due
or iiens filed agai nst the propeii^' . You may be subject to these liens or unpaid taxes if you purchase the property. To conduct this
research you will need to provide the pin number.
3. Foreclosure sal es are held sver^' Tuesday and Thursday at 10:C0 a. m. in the j ai l visitation lobby of the Sheri ffs Offi ce. 501 N. County
Farm Rd., Wheat on, Please check vwAV.dupagesheriiT.org for openi ng bids at 3:30 pm the day prior to the sale as we wi l l not have bids
any sooner than that t i me. Foreclosure is i ocated under Civil Process on the wsbsi i e,
A. To further assist i n your research, the Sheni f s Office issues a forecl osure list on this v/ebsite with the date the sale will be hel d, the case
number, the address of the property and the name and telephone number of the attorney handl i ng the case as wel l as openi ng bids the
day before the sal e.
5. As mandat ed by state statute, foreclosure notices are publ i shed in the local newspaper of the t own v/here Lie property is l ocated for three
(3) consecutive weeks prior io sale.
6. Terms of all sales are "cash, " in the form of cash, cashiers check, or certified check. Ten percent (10%) of your openi ng bid is due at the
time of sale, the bal ance v/ithin t\^'e^ty-four (24) hours.
7. The bid check must be made out to you (the buyer). If you are the successf ul bidder you will then endorse the check to "Sheri ff of DuPage
County." The bal ance due check must be made out to "Sherin of DuPage County."
S, A deed will be i ssued after the sale has been approved by a j udge. Thi s occurs approxtmatei y one week after ths sal e. Possessi on will be
granted thirt>' (30) days from the date of approval ,
9. If the property' is vacant you may motion the Court to grant i mmedi ate possessi on.
10. Viev^'ing of ihe property is prohi bi ted unless i nvi ted by the present owner/ occupant .
.//vv^v^nv. diipagesheriff.org/CivilProcess/86/ /i/oo/oni ^
j i ^ - v^uuiitj'' sneriii's loreciosure Sale Page 1
COOK
COUNT/
SHERIFF
HOME
LOGIN
C r s i t s a new l o c i : ^
User Name:
l og I n
rc-rgol Vour P,-iss'.vortJ? .
Enter your User Nsmejo receive your password.
Ussr Name.-
COPYRIGHT 2008 COOK COUNTY MIS
USER(S) ONLINE: 0
//12.218.239.25/sheriff vvork/logiu.asp>
SHERIFF SALE IMFORMATIONSHEEI
FOR OUTSIDE BIDDERS
The foilowing mformation is provided b}' the Kendall Coimt}' Sheriffs Office as a c o n r Le s y to
the public and is intended to be used only as a guide. ALI rNTERESTED BIDDERS ARE
ADVISED TO SEEK THEIR OWN ATTORNEY BEFORE BDDI NG ON MTY PROPERTY.
A list of properties for sale (Mortgage Foreclosures) is provided by the Kendall County Shenfr^'s
Office, Civil Process Division located at 1102 Cornell Lane, Yorla^ille, I L 60560. These lists are
free of charge and can be faxed upon request or visit our website at wrww.co.kendall.il.us ,
The foreclosure sales conducted by the Sheriff's Office ai'e scheduled on Monday morning @
8:30 Alvl at the Kendall Count)/ CourtLhouse located at 807 W John St., Yorkvme, TL 60560.
(Excluding Court Holida3's).
At approx. 0830 AJ\ the Sheriff's Deput}'/Sergeant wi l l announce the properties for sale and
request that all interested bidders register and provide proof of their 10% earnest money in the
form of a Cashier's Check or Certified Banic Check [no personal checks]. You wi l l need to
provide some form of identification m order to bid at the sale.
"The balance must be paid within 24 itours to tJie Kendall Count}-/ Sheriff or you will be in
default and apencdtyfee on your deposit will apply.
AT THE SALL:
The Plamtiff s Attorney will, register the openmg bid. You may bid one dollar over that amount
and be the successful bidder unless there are additional bidders or the pl amt i ff attorney is
instructed to bid higher. I f there is additional bidding the amoimts wi l l be recorded in one
hundred dollar or greater increments, which can be raised at the Sheriffs discretion.
The plaintiffs attorney schedules the Order A.pprovmg the Sale for the Court's earhest available
date. Upon receipt of the signed Confirmation Order by the Judge, the Deed is executed at the
Sheriffs Office, Civil Process Division and given back [or mailed] to the Plaintiff's Attorney for
recordmg at the Kendall Count}' PN.ecorder's Office. [ I l l West Fox St. Room 220 Yorkville,
nHnois 60560.
The successful bidder is responsible for any unpaid taxes not mcluded m the judgment and any
sales/property taxes, hens or possible eviction costs.
The Purchases shall pay to the person conducting the sale pursuant to Section 15-1507 a fee for
deposit into the Abandoned Residential Propert)' Municipality Rehef Fund, a special fund
created m the State Treasury. The fee shall be calculated at the rate of $1 for each $1,000
payable to the Kendall County Circuit Clerk
Possession of the property is granted 30 days from ihe date the Judge signs the Order Approving
the Sale (Exception: abandoned or commercial property)
I f an eviction is needed, contact the Kendall Count)/ Shenff s Office at 630-553-7500 xn53 or
xl 152 for fmtlier information.
Court ' s A u 6 u u i i
15 V\/. Jefferson Street
Suite 300
Joliet, IL 60432
esr Tr us t A c c o u n t
815-726-731 1
Bill To:
Codilis & Associ at es
15yA/030 North Frontage Road
Suite 100
Burr Ridge, Illinois 60527
Invoice #: 9505
Invoice Date: 9/28/2012
Due Date; 9/28/2012
Descri pti on
Kate Vmount
12 CH 81 - Cancellation Fee - Sal e Date 10/ 31/ 2012
Wells Fargo Bank v. Miciiael Fiore
100.00
OCT 1 9 201
100.00
DO
PLEASE M.AKE ALL CHECKS PAYABLE TO:
' "-nuRTS AUCTIONEER TRUST ACCOUNT
Tot al S100.00
r a y me n t s / Cr e d i t ; SO.00
Ba l a n c e Due $100.00