Hancock County Mortgage Foreclosure Cases
Mortgage foreclosure cases (FC) follow specific procedural requirements under Illinois Supreme Court Rules. The foreclosure cases include Commercial & Residential Foreclosures, and Residential Foreclosure Causing a Lease Termination. The Illinois Supreme Court Commission on Access to Justice provides standardized, approved forms for mortgage foreclosure cases.
Mandatory Mailing Requirements
Under Supreme Court Rule 113(d), a formal notice of the entry of default and judgment of foreclosure must be mailed to all parties entitled to notice. Counsel for the moving party (the movant) must prepare and deliver these mailings according to the strict guidelines below.
Envelope Requirements
Counsel must provide the Circuit Clerk with a sealed envelope for each person entitled to notice. Every envelope must meet the following criteria:
-
Postage
Must have adequate, prepaid postage already attached.
-
Return Address
Must display the official return address of the Hancock County Circuit Clerk.
-
Case Number
The court case number must be clearly written in the lower left-hand corner of each envelope.
-
Contents
Each sealed envelope must contain a copy of the required Rule 113(d) notice before delivery.
Electronic Filing & Affidavit
Before the Circuit Clerk can mail the envelopes, counsel must electronically file (e-file) copies of all notices sent, along with a signed affidavit certifying:
-
Names & Addresses
The names and addresses of all persons entitled to notice in the case.
-
Notice
That each sealed envelope contains the exact notice required by Supreme Court Rule 113(d).
-
Inclusion
That notice has been properly provided to everyone entitled to receive it under the rules.
Final Delivery to the Clerk
Once electronic filing is complete, deliver the prepared, sealed envelopes to the Circuit Clerk’s Office for mailing.
The Hancock County Circuit Clerk’s Office does not charge an additional fee to mail these notices; however, all envelopes must include prepaid postage or they will not be sent.
