Foreclosure Defense Attorney Chicago

If you've been served

Illinois foreclosures go through the circuit court. After you're served with a summons and complaint, you generally have 30 days to file an appearance and a response. If you do nothing, the lender can ask for a default judgment. Don't ignore the papers, and don't assume a conversation with your loan servicer stops the court case. Keep every letter and write down every call.

How an Illinois foreclosure unfolds

Before filing: federal rules generally bar a servicer from starting a foreclosure until a loan is more than 120 days delinquent, and limit moving ahead with a sale while a complete loss mitigation application is under review.
Reinstatement: you generally have 90 days from service to bring the loan current by paying the past-due amount, which ends the case.
Redemption: you can generally pay off the full judgment until the later of seven months from service or three months from the judgment.
Judicial sale and confirmation: after those periods, the property can be sold at a public sale, which the court must confirm.
Possession: the buyer is generally entitled to possession 30 days after the sale is confirmed.

Every case moves at its own pace, and these periods can be shorter for abandoned or non-residential property.

How a foreclosure defense attorney helps

Filing your appearance and answer on time, and reviewing the lender's paperwork, standing, notices and loan history for errors.
Pursuing loss mitigation: loan modification, forbearance or a repayment plan, and holding the servicer to federal servicing rules.
Representing you in Cook County's court mediation program and in negotiations with the lender's attorneys.
If keeping the home isn't realistic, arranging a short sale, deed in lieu or a negotiated move-out with the deficiency addressed in writing.
Coordinating with your tax adviser, and with bankruptcy counsel when that's worth considering.

Free help and resources

Free, HUD-approved housing counseling is available to every Illinois homeowner, and Cook County residents can use the court's mortgage foreclosure mediation program. Links and phone numbers are listed below and on the client resources page. Working with a counselor and with your own attorney isn't either-or; many homeowners use both.

Avoid foreclosure rescue scams

Be wary of anyone who asks for an upfront fee to "save" your home, tells you to stop talking to your lender or attorney, asks you to sign over your deed or make payments to them instead of your servicer, or guarantees a result. Illinois law restricts so-called distressed property consultants, and housing counseling is free. You can report suspected fraud to the Illinois Department of Financial and Professional Regulation.

Questions clients ask

How long do I have to respond to a foreclosure complaint in Illinois?

Generally 30 days from the date you were served. Missing that deadline can lead to a default judgment, so contact an attorney or a free legal aid program right away.

Can I keep my home if I'm already in foreclosure?

Sometimes. Reinstatement, a loan modification, a repayment plan or redemption may be available depending on your income, the loan and how far the case has gone. An attorney can review your options.

Is foreclosure mediation free in Cook County?

Yes. The Cook County Mortgage Foreclosure Mediation Program offers free counseling, legal help and mediation to eligible homeowners. Call (855) 452-2637.

Can I still sell my house during a foreclosure?

Often, yes. A sale before the judicial sale can pay off the loan, or a short sale can be negotiated if the home is worth less than what's owed.