Foreclosure Law

Best Options

Do you wish to file for foreclosure or are you trying to save your home from foreclosure? We can deliver the legal services you need to meet your specific goals. 

Each situation is unique and requires an individualized approach. This is why you should consult an attorney.

Borrowers are presented with various debt relief alternatives. In some cases, walking away from your home loan is the best option. This is called a “strategic default” and may involve a consent judgment or a deed-in-lieu. In other cases a loan modification is an appropriate solution to retain your property. We can assist you to determine your best option in a difficult situation.

What occurs in a foreclosure?

Illinois is a judicial foreclosure state, meaning that the lender must file a lawsuit in state court against a borrower who is in default on a mortgage. The minimum amount of time the process takes from the time the borrower is served with the complaint is 7 months or 210 days. The time that the borrower can remain in the home can be extended if the borrower retains legal counsel and defends against the proceeding.

Judicial foreclosures are seldom if ever permanently derailed, but they can be significantly delayed. If you have grounds to fight the foreclosure, either because the foreclosing party can’t prove its case or because you offer proof that casts doubt on the foreclosure’s legality, such as evidence that you were not behind on your payments after all, it can take many more months before the case is resolved.

Hot Tip

If you do not respond to the court action within the specified amount of time, the lender can get a default judgment from the court. This means you automatically lose the case unless you take legal action to vacate (set aside) the default.

Foreclosure Process

A brief outline of the major steps in the foreclosure process include:

• The borrower has failed to pay 1 or 2 mortgage payments
• The lender sends the borrower a 30-day “grace period notice”, saying loan payments are past due and if not paid within 30 days, lender will foreclose
• Lender files a foreclosure action, usually in state court
• Borrow is served with summons & foreclosure complaint
• Borrow should retain counsel and file answer and appearance
• Litigation proceeds
• Court enters a judgment of foreclosure and sale for lender
• Judicial sale can proceed 4 months after entry of judgement
• Court confirms the sale 4 months after entry of judgement
• Borrower can remain in the home for 30 days after the court confirms the sale