• Continued tenancy during foreclosure has many variables.apartment lease sign image by Aaron Kohr from Fotolia.com
  
  The rising tide of home foreclosures brings with it an unfortunate side effect---tenants at risk of losing their domiciles during the financial tug-of-war between banks and home owners. Illinois laws related to tenant rights in such cases depend upon whether or not the tenant is named in the foreclosure complaint. In some instances, the tenant is the owner, while in others he is nothing more than an innocent bystander. If the tenant is not a party to the foreclosure lawsuit, the tenancy can survive the process.
  
  

Tenant Named

• According to the Illinois Legal Advocate, an order of possession can be served by the purchaser of the foreclosed property upon a tenant if the tenant was named and served as part of the original foreclosure action. In this case, the purchaser may begin seeking possession of the property from the tenant 30 days after the sale is officially recorded. However, in Illinois, the new owner cannot simply go after the tenant in a generic sense. This requirement puts the burden of finding out who the tenant actually is on the new owner. Having established a particular identity, he may then request the court to serve an order of possession.
  
  

Tenant Not Named

• A tenant not named in the original foreclosure action enjoys more rights to continue living on the property while the new owner decides what route to follow---whether or not to allow the lease to remain in place. In any event, Illinois law requires that the tenant be allowed to remain in possession of the property for up to 120 days if he is current in rent payments and the allowed time falls within the terms of the original rent agreement. The new property owner may petition the court for an order of possession to take back the property from the tenant if he was not named in the foreclosure. This petition may be filed at any time during the foreclosure process and up to 90 days following the sale. A hearing will be held to decide whether (and when) to grant the new owner possession.
  
  

Forcible Entry

• Tenants inhabiting a purchased foreclosure should also be aware of the Forced Entry and Detainer proceeding. The purchaser can bring this legal maneuver against a known tenant who was not named as part of the foreclosure lawsuit. This can be applied for 30 days after the sale. Even if the new owner does not know the names of the occupants, he can bring a forcible eviction action against "unknown occupants" when 90 days have passed since the sale.
  
  

Final Thoughts

• If you find yourself a tenant of a home that is being foreclosed upon, keep in mind that, though you won't be thrown out into the street immediately, you will eventually have to leave the property if the new purchaser wants you to. Plan for that eventuality with the knowledge that the time frame for eviction varies depending upon whether or not you were named in the foreclosure action.