IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS



In the Circuit Court of Cook County, Illinois

County Department, Chancery Division

Mortgage Foreclosure / Mechanics Lien Section

Standing Order

Judge Anthony C. Kyriakopoulos

Calendar 63

Contested Call: 11:00 a.m., Courtroom 2810, M, T, W, Th

Default Call: 3:00 p.m., Courtroom 2810, M, T, W, Th

Judge Kyriakopoulos’ Law Clerk: Colleen Creighton, Chambers 2809, 312.603.4283

This standing order is a supplement to the Mortgage Foreclosure Courtroom Procedures. The Mortgage Foreclosure Courtroom Procedures can be found at

1. Court Call Times and Rooms

• Contested Motions: Room 2810 at 11:00 a.m., M, T, W, Th. This call handles any motions where the defendant has filed an answer or a receiver has been appointed.

• Emergency Motions: Room 2810 at 11:00 a.m., M, T, W, Th. (See #2 below for scheduling emergency motions. )

• Motions for Default: Room 2810 at 3:00 p.m., M, T, W, Th. This call handles default matters only. Contested motions will not be heard on the Default Call.

• Case Management: Case Management Conferences are scheduled on the Default Call. Motions are not to be noticed or piggy-backed with Case Management Conferences.

2. Emergency Motions

Due to the high volume of cases on Calendar 63, what may constitute an EMERGENCY motion is limited to the following: (without prior review of the Court)

(A) Motion to Stay Judicial Sale (must include date of sale in motion, and any document necessary to support the substance of the motion i.e. short sale contracts, loan modifications, etc.)

(B) Motion to Stay Possession (must include date of possession in motion)

(C) Motion to Appoint Receiver/Mortgagee in Possession only when the verified petition alleges an immediate health or safety threat

• Movant must have an appearance on file.

• The court will not entertain oral emergency motions.

• Movant must give notice of the emergency motion to opposing parties according to the circuit court rules.

• Movant must obtain a hearing date from Judge Kyriakopoulos’ Law Clerk in chambers 2809. Emergency motions must be presented to the Law Clerk before 3:30 the day before, and will not be scheduled over the phone.

• After the date is scheduled, the motion and notice of motion must be filed in Room 802 and a file-stamped copy returned to Judge Kyriakopoulos’ Law Clerk.

3. Routine Orders (need not be presented in court)

• Motions to appoint a special process server

• Motions to dismiss (as provided for in the courtroom procedures)

• Receiver’s bonds

• Agreed orders must be presented in court. Agreed orders will be heard at the beginning of the call as long as the Judge’s law clerk is made aware.

4. Courtesy Copy Requirement

Because the court files are stored in the Clerk of Court’s Office, the moving party must provide copies of all briefs and motions to the court at least Seven Days (7) prior to the hearing date, but not less than 4 court days in advance, so that Judge Kyriakopoulos can review them. If courtesy copies are not provided to the court in advance, the matter will not be heard. Because of limited storage in chambers courtesy copies should not be dropped off more than two weeks in advance of the hearing.

5. Form Order for the Appointment of a Receiver (preferred)

• A form order for the appointment of a receiver is available in Courtroom 2810. An electronic copy may be obtained from

divisions/chancery/docs/receiver_order_2011.pdf

• A motion to appoint a receiver must be verified and accompanied, at minimum, by the completed and unaltered form order, a copy of the complaint, mortgage, and note, as well as a curriculum vitae of the proposed receiver

• Motions to appoint a receiver and motions to be placed as mortgagee in possession are only heard on the contested call.

6. Receivers’ Bonds

• The bond must be issued by a court-approved surety and signed by a court-approved “attorney-in-fact.” See Cook County Circuit Court Rule 9.2.

• The bond must have: (1) a raised seal, (2) the signature of the receiver, (3) a complete case caption, and (4) a signature block for the judge.

• The bond must be signed by Judge Kyriakopoulos and not simply filed in Room 802. (After the bond has been entered, the Clerk of the Court files the original bond with the Surety Section of the Circuit Court of Cook County and enters it into the case docket. In addition, a photocopy is placed in the court file.)

• The order appointing the receiver will not become effective until Judge Kyriakopoulos has approved the bond.

7. Additional Requirements for Motions for Order Approving Sale where the plaintiff is seeking a personal deficiency on either the default or contested call

• The following must be included in the courtesy copy packet in addition to the standard documents as laid out in the section order:

o Proof of service on the defendant of whom the deficiency is being sought

o Copy of complaint

o Copy of judgment of foreclosure order

o BPO / updated or recent appraisal

8. Compliance with Illinois Supreme Court Rule 113

• If no loss mitigation affidavit is included in the courtesy copy packet for cases where a defendant mortgagor has filed an answer or an appearance, the matter will be subject to re-notice upon the discretion of the Court.

9. Piggy-backing

• Absolutely NO PIGGYBACKING unless expressly granted leave by the Court.

10. Recusals

Pursuant to Supreme Court Rule 63(c)(1)(d), Judge Anthony C. Kyriakopoulos recuses himself from all cases and matters in which any of the following entities is a party:

• BMO Harris Bank NA

• Harris Bank NA

• Harris Trust and Savings Bank, or

• Any other related entity

*The Court will entertain off-call motions pertaining to #10 if no appearance or responsive pleading has been filed.

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