The Illinois Foreclosure Process, Step by Step
An Illinois foreclosure usually takes many months, and every stage has deadlines. Knowing where you are tells you what options are still open.
- 1
Missed payments and pre-filing notices
Federal rules generally bar a servicer from starting foreclosure until a loan is more than 120 days delinquent. Illinois also requires pre-filing notices.
Where we step in
Review notices, organize a loss-mitigation application, and document everything.
- 2
Complaint and summons
The lender files suit in circuit court and has you served.
Where we step in
File an appearance and answer, generally within 30 days of service, to prevent a default.
- 3
Reinstatement period
You can usually cure the default by paying the past-due amount plus costs within 90 days of service, once every five years.
Where we step in
Confirm the true reinstatement figure and challenge improper charges.
- 4
Litigation, discovery and mediation
The case moves through motions, document exchange and, in Cook County, possible mediation.
Where we step in
Raise defenses, demand proof, and negotiate from a position of strength.
- 5
Judgment of foreclosure
If the lender wins, the court enters judgment.
Where we step in
Oppose summary judgment and contest the amounts claimed.
- 6
Redemption period
You can generally pay off the judgment amount until the later of seven months from service or three months from judgment.
Where we step in
Explore refinancing, sale or short sale before the period ends.
- 7
Judicial sale
The property is auctioned by the sheriff or a judicial sales company.
Where we step in
Challenge a defective notice of sale and protect your equity.
- 8
Confirmation of sale and order of possession
The judge reviews the sale and may enter a deficiency judgment and an order of possession. Occupants typically get about 30 days before eviction.
Where we step in
Object to confirmation where grounds exist and fight deficiency judgments.
- 9
Special right to redeem and eviction
In limited cases a special right to redeem applies after the sale. After that, the sheriff can enforce possession.
Where we step in
Negotiate move-out time or cash for keys if keeping the home isn't possible.
This page is general information, not legal advice. Every case is different.
Not sure which stage you're in?
Send us your latest court paper and we'll tell you.