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Appearance Notice Of Motion And Petition For Turnover Of Surplus Funds CCCH 0317 - Illinois

Appearance Notice Of Motion And Petition For Turnover Of Surplus Funds Form. This is a Illinois form and can be used in Chancery Cook Local County .
 Fillable pdf Last Modified 6/18/2014

Print Form Clear Form Appearance, Notice of Motion and Petition for Turnover of Surplus Funds (06/01/13) CCCH 0317 A IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION MORTGAGE FORECLOSURE/MECHANICS LIEN SECTION ____________________________________________________ Plaintiff(s), v. No. ______________________________________ ____________________________________________________ Defendant(s). APPEARANCE, NOTICE OF MOTION AND PETITION FOR TURNOVER OF SURPLUS FUNDS On ___________________, ________ at __________ a.m./p.m. or as soon thereafter as counsel may be heard, I shall appear before the Honorable _________________________________ or any Judge sitting in that Judge's stead, in the courtroom usually occupied by him/her, located at ________________________________________________________________________, Illinois, and present: PETITION FOR TURNOVER OF SURPLUS FUNDS Now come(s) _________________________________, and move(s) this Court for entry of an order turning over the surplus proceeds from the foreclosure sale. In support of this Petition, Petitioner(s) state(s) as follows: All parties to this proceeding have been given notice of this Petition. The subject property was sold at a foreclosure sale for more than the amount owed the mortgage company and the sale was approved by the Court on ___________________, ________. There is a surplus remaining after all sums are paid in the amount of $__________. Petitioner(s) is/are a party/parties to the foreclosure case and has/have filed an appearance in the case. Petitioner's/Petitioners' interest in the property is (select one, and attach any supporting documents): Owner(s)/Mortgagor(s), Judgment Creditor, Lien Holder, Other (please specify): _____________________. If Petitioner(s) is/are not the Mortgagor(s), judgment for the Petitioner(s) has been proved up in the amount of $__________. Choose one: Petitioner(s) has/have a bankruptcy case pending in Bankruptcy Court and has/have ATTACHED a copy of the order from the Bankruptcy court allowing receipt of the surplus funds ("Order Authorizing Distribution of Surplus Funds"). Petitioner(s) DOES NOT/DO NOT have a bankruptcy case pending in Bankruptcy Court. DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Page 1 of 2 (06/01/13) CCCH 0317 B Wherefore, the Petitioner(s), _____________________________________________________, move this Court to turn over to him/her/them the surplus from the foreclosure sale. I/We, _________________________________________________, enter my/our appearance(s), pro se: Signature ___________________________________ Signature ___________________________________ VERIFICATION AND PROOF OF SERVICE I/We certify under penalty of perjury as provided by law pursuant to section 1-109 of the Illinois Code of Civil Procedure, that I/we have read the foregoing Verified Petition for Turnover of Surplus Funds and the statements set forth therein are true and correct and that I sent a copy of this Appearance and Answer by United States mail to the Plaintiff's attorney and any other parties who have appeared and have not heretofore been found by the Court to be in default, on ___________________, ________. Signature ___________________________________ Signature ___________________________________ DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS Page 2 of 2
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