Foreclosure Appeals and Post-Judgment Relief in Illinois
Most homeowners who call us after a judgment has been entered have already been told by somebody that nothing can be done. That is often wrong, and it is the reason this is a page on our site rather than a footnote on someone else's.
Vacating a default:
If a judgment was entered because nobody answered, Illinois law lets a court set that default aside - and in a foreclosure the window is wider than people assume, because the final order is the order confirming the sale, not the judgment of foreclosure. The Illinois Supreme Court has held that a borrower may move to vacate under section 2-1301(e) up until a motion to confirm the sale is filed. The standard is a liberal one, aimed at whether substantial justice is being done between the parties.
Quashing service:
If you were never properly served, the court never acquired jurisdiction over you, and a judgment entered against you is void. That is a different and stronger argument than asking for relief from a valid judgment, and it is the first thing we check on any post-judgment file.
Objecting to confirmation of the sale:
In Illinois the sale is not final until a judge confirms it, and the statute governing confirmation gives specific grounds for refusing to do so - including that justice was not otherwise done. That hearing is a real opportunity, and it is routinely treated as a formality by everyone except the homeowner's lawyer.
Section 2-1401 petitions:
Where the time for ordinary post-judgment motions has run, a petition under section 2-1401 can still reach a judgment based on facts that were not before the court - and a void judgment can be attacked at any time.
Appeals to the Illinois Appellate Court:
When the trial court got it wrong, the answer is an appeal. We prepare the record, brief the issues under the Supreme Court Rules, and argue them - and where an Appellate Court decision warrants it, petition the Illinois Supreme Court for leave to appeal.
Move quickly:
Post-judgment relief is governed by deadlines that are shorter and less forgiving than the ones earlier in the case, and some of them are measured in days. If a judgment has been entered against you, the review is still free, and it should happen this week rather than next.
Get a free case review. Call (312) 857-8320.