Checklist/Procedure

• Send notice of default to the borrower.
• Obtain title report and conduct a search of the uniform commercial code central filing system for parties holding a security interest.
• File/Issue Summons, Petition & Lis Pendens (and Applicaiton for a Receiver, if necessary).
• File Affidavit of Military Service.
• Record certified copy of Notice of Lis Pendens in the County Clerk’s Office.
• Obtain service on all parties (20 days to answer for a commercial loan/ 35 days for a consumer loan).
• Obtain title update through date of Lis Pendens, and amend Petition if necessary.
• Move for Default or Summary Judgment (18 days to respond).
• Obtain Judge’s signature and file Journal Entry of Judgment.
• Mail Judgment to all parties.
• Prepare and file Affidavit of Mailing Judgment to all parties.
• Have Special Execution issued by Court Clerk.
• Deliver Special Execution, Notice of Sale, Appraisement and Sheriff Return to County Sheriff.
• Sheriff conducts appraisal and sets date of Sheriff’s Sale.
• Sheriff publishes Notice of Sheriff’s Sale.
• Send Notice of Sheriff’s Sale to all persons with an interest in the property.
• File Affidavit attesting that notice of Sheriff’s Sale was properly given.
• Obtain bidding instructions from client.
• Attend Sheriff’s Sale (usually six weeks after Special Execution issued).
• Complete Sheriff’s Return of Sale.
• File Motion to Confirm Sale & obtain hearing date (must be > ten days after Sale).
• Serve Motion to Confirm on all parties and publish if any party’s address is unknown.
• File Affidavit attesting that notice of hearing on Motion to Confirm was properly given.
• Obtain and file Order Confirming Sale.
• Mail Order Confirming Sale to all Parties.
• Obtain Sheriff’s signature on Sheriff’s Deed and record with County Clerk.
• Obtain title policy.
• Move for attorney fees (18 days to respond).
• Obtain and file Order Awarding Attorney fees.
• Move for Deficiency Judgment (must be done within ninety days after sale – 18 days for debtors to respond.)
• Obtain and file Journal Entry of Deficiency Judgment.
• Apply for Hearing on Assets.
• Obtain and serve Order directing Hearing on Assets.
• Conduct Hearing on Assets.
• Execute on Deficiency Judgment.