Though home foreclosures have decreased, many families are still facing the frightening prospect of losing their homes to their mortgage holders because of financial trouble. For more information about foreclosure in Illinois, check out these frequently asked questions.
What is the foreclosure process?
Illinois uses a judicial foreclosure process, which requires the lender to file a lawsuit and receive a judge’s permission before foreclosure can take place. To begin the process, the homeowner is served with a notice of default after he or she has missed two or three payments notifying the homeowner of the amount he or she must pay to avoid foreclosure. If this amount is not paid, the lender will file a lawsuit to initiate foreclosure and notify the homeowner, who then can appear in court and explain to a judge why he or she should be allowed to keep his or her home. The court will decide if the process should go forward. If the foreclosure is approved, the county clerk will schedule a time to auction the home.
How long does foreclosure take?
Because it requires significant court involvement, judicial foreclosure can take about 200 days, on average. Scheduling court appearances, allowing time for other parties to take action, and other court actions can be time consuming. Homeowners who take actions to stop or postpone foreclosure will find that this will prolong the process, as well.
How can homeowners stop foreclosure?
Illinois foreclosures can be halted by the homeowner at any point up to the day of the foreclosure sale if he or she can find the money to pay the missed mortgage payments. Filing for bankruptcy may be another way to help a homeowner keep his or her residence, but only a qualified attorney can evaluate the merits of this in a given situation. Illinois mandates a period of usually 90 days between the foreclosure judgment and the sale of the home to give homeowners a chance to redeem their homes.
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