So you've missed a payment on your Illinois home. Any number of a various set of circumstances has conspired to affect your income and consequently your ability to keep up with your obligations. You held it together as long as you could, but now the unthinkable has happened and you are late on your mortgage. You may feel alone, embarrassed, and quite afraid of being foreclosed upon. Well cheer up homeowner because you are not alone and there is no need to be embarrassed or fear the foreclosure process in Illinois.
Illinois is a judicial foreclosure state, which means that the foreclosure process in Illinois requires certain steps to be taken by your lender before they can take possession of your home. In other words, this means you have some time to fix this. If you're into legalese, you can read the entire statute here, however if you're just looking for some unbiased information and perhaps a little help for your situation, continue reading.
How Much Time Do I Have?
The exact amount of time between missing your first payment and the completion of the foreclosure process in Illinois varies with each case, but this will give you a general idea of the steps that must be taken by the lender and the steps you can take to avoid foreclosure. Let's assume you have just missed your first payment, which means that the last payment you made was thirty days ago. Before your lender can issue a notice of their intent to foreclose, you will have to miss two more payments, meaning that 90-120 days have passed since you made your last payment. Your lender will make contact with you during this time, and this is your first opportunity to work out some arrangement with them, so don't be afraid to answer the phone. Keep in mind that they would prefer to have the money and don't really want your house. This fact works to your advantage.
At some point in the next 60 days, you will be served a summons. You will have thirty days to answer this summons and you MUST do so to avoid a default judgment being made against you. Depending on whether or not you answer the summons, you will have another three to seven months before your home can be sold, and then another 45 days from that point before your lender can put you out. To simplify, through the foreclosure process in Illinois it can take up to 15 months before you would have to leave your home.
Play it Smart
Though the process can take a long time, there are certain things you as a homeowner must do to protect your rights. The foreclosure process in Illinois allows ample time to rectify the situation, but can be rather unforgiving if you miss any of the steps or deadlines. Many homeowners who try to do this on their own find themselves in unfamiliar territory. To make matters worse, you will be facing a team of lawyers that does this for a living. The smart play here is to seek expert legal advice as soon as you feel there may be a problem and before the intent to foreclose is filed. Chances are this is the first time you've gone through something like this, meaning there is no possible way for you to know all of your options for navigating the foreclosure process in Illinois. As was stated earlier, you don't have to face this alone.
The foreclosure process in Illinois is designed to allow homeowners every opportunity to regain their financial footing and keep ownership of their homes. Though this process can be tedious, there are resources and assistance available to you regarding your foreclosure defense. Whether you decide to go it alone or seek professional advice, educating yourself on your options is essential to finding your way out of this situation.
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