The Chancery Division of the Circuit Court of Cook County is established pursuant to General Order 1.2, 2.1 (b) of the General Orders of the Circuit Court of Cook County and is divided into two sections: General Chancery Section and the Mortgage Foreclosure/Mechanics Lien Section. The Chancery Division hears matters of equity which are filed under the following categories: injunctions, class actions, mortgage foreclosures, declaratory judgments, contract matters, creditors' rights, liens, construction of wills and trusts, trusteeships, receiverships, dissolutions of partnerships and corporations, and statutory and administrative reviews.
Chancery Division Case Files
Case file content generally includes the cause of action (complaint), defendant's response, motions and briefs filed, testimony (occasional), verdict (if jury trial) and judge's final order. If the case was appealed, a transcript may be present.
Frequently Asked Questions
The extra money is called surplus funds. The bank is only entitled to what is owed to them and their fees. The surplus, minus any liens due, belongs to you. If there are surplus funds, you should be notified by the foreclosing attorneys for the bank. The court will determine if the Clerk's Office or Sheriff's Office will hold the funds.
Unfortunately, there are no remedies available for tenants living in foreclosed homes. However, tenants can file for an extension of time to allow for relocation. The tenants must file a motion to request an extension before the judge assigned to the case.
To claim a surplus, you must file a motion to appear before the Presiding Judge of the Chancery Division and obtain a court order to have your funds released. The order must be submitted to the office holding the surplus funds (i.e., Clerk's Office or Sheriff's Office). This office will then process the order, which takes approximately ten business days for the surplus funds to be released.
Yes, the property can be sold until the end of the redemption period, which is established in the Judgment of Foreclosure. However, sometimes it can still be sold after the redemption period with the court's permission.
Chancery Division files can be reviewed in the Richard J. Daley Center, 50 W. Washington St., Room 802, Chancery Division. Proceed to Sign #6 - Court File Requests.
If you want to request a document(s) to be certified, please visit Richard J. Daley Center, 50 W. Washington St., Room 802, Chancery Division along with the case number at the Court File Request Counter - Copies, Certified, Microfilm, Transcripts.
An application for leave to sue or defend as a poor person must be obtained in the Chancery Division, Room 802, in triplicate and shall be in writing and supported by the affidavit of the applicant or, if the applicant is a minor or an incompetent, by the affidavit of some other person having knowledge of the facts.