Illinois Foreclosure Questions, Answered
How long does a foreclosure take in Illinois?
There is no single answer, and anyone who gives you one is guessing. Illinois foreclosures go through court, so the timeline depends on the county, the calendar, whether the case is defended, and what motions are filed. Uncontested cases move faster than defended ones. What is certain is that the process has stages, and the earlier in those stages you get advice, the more options exist.
I just got served with a summons and complaint. What do I do?
Read the first page for your case number, the county, and the date. Then act quickly: in most Illinois foreclosure cases you have 30 days from service to file an appearance and an answer. Missing that is what produces a default judgment, and undoing a default is much harder than avoiding one. Do not wait for the servicer to call you back.
Can the bank foreclose without going to court?
No. Illinois is a judicial foreclosure state - the lender must file a lawsuit and obtain a judgment from a judge, and the sale afterward has to be confirmed by that judge. Every one of those steps is a place where a defense can be raised.
How far behind do I have to be before they can sue?
Under federal mortgage servicing rules, a servicer generally cannot make the first foreclosure filing until the loan is more than 120 days delinquent. That window is the best time to submit a loss-mitigation application, because nothing has been filed yet.
What is the difference between reinstatement and redemption?
Reinstatement means curing the default - paying the missed payments and allowed charges - and putting the loan back the way it was. Illinois gives that right within a period generally running 90 days from service (735 ILCS 5/15-1602). Redemption means paying off the entire debt to keep the property, and the redemption period runs to the later of seven months from service or three months from judgment (735 ILCS 5/15-1603). Both can be affected by what has happened in your particular case, so the dates should be calculated from your record rather than from this page.
A judgment was entered. Is it over?
No. A default judgment can be attacked, service can be challenged, the amount in the judgment can be contested, and the sale still has to be confirmed by the court before it means anything. Several of the strongest motions in foreclosure practice are post-judgment motions.
The sale already happened. Do I have to leave?
Not immediately, and not automatically. In Illinois a judicial sale has no effect until the court enters an order confirming it, and that confirmation hearing has grounds on which a homeowner can object. After confirmation, the statute contemplates a further period before possession is enforced. If a sale has occurred, call now rather than after the confirmation hearing - the difference matters.
Can I get a loan modification while I am being sued?
Yes, and it is common. The application runs alongside the lawsuit. Federal servicing rules restrict how a servicer may advance a foreclosure while a complete application is pending, and Illinois Supreme Court Rule 114 addresses loss mitigation in foreclosure cases. Having the same firm handle both is how those two things get used together instead of separately.
The house is in my parent's name and they died. What happens?
The loan does not disappear, and the servicer will usually refuse to discuss it with you until someone has legal authority over the estate or you are recognized as a successor in interest under the federal servicing rules. Both of those are fixable, but the foreclosure keeps moving while you fix them, so they need to happen at the same time as a defense.
Someone offered to pay off my loan and take the deed. Should I?
Be very careful, and do not sign anything before a lawyer reads it. Illinois has a statute specifically aimed at foreclosure rescue arrangements that strip a homeowner's equity, and it exists because these offers are common and the paperwork is rarely what it is described as. Bring the documents in.
Can I file bankruptcy to stop the sale?
A bankruptcy filing triggers an automatic stay that generally halts a foreclosure sale, and for some homeowners that is the right tool. It is not the right tool for everyone, and it has consequences well beyond the house. It should be one of the options discussed in your case review, weighed against the others, rather than a first move.
What does it cost to hire you?
We will tell you before you commit. Foreclosure defense is generally handled on a flat or monthly fee rather than an open-ended hourly bill, so you know what you are paying.
Do you charge for the first conversation?
No. The case review is free, including pulling and reading your court docket.
Get a free case review. Call (312) 857-8320.