Foreclosure and eviction process in Illinois

How long does it take to foreclose on a home in Illinois?

Foreclosure is a complicated multistep legal process that allows mortgage lenders to repossess homes from homeowners who have missed payments on their mortgage loan. In Illinois, the foreclosure process can start about 4 months after your first missed mortgage payment. The entire foreclosure process takes several months to complete.

What is the best way to avoid foreclosure in Illinois?

The first step for any homeowner facing foreclosure or eviction should be to contact a HUD-approved housing counselor to better understand your options. These services are typically free and offered by a local nonprofit.

BlueHub SUN may also be an option to prevent foreclosure and eviction. Find out if you qualify.

10 steps in the Illinois home foreclosure process

Understanding the steps involved in the foreclosure process can help Illinoisans better navigate this difficult situation. 

1. Pre-Foreclosure: 
   • The foreclosure process cannot technically begin until 120 days from the date of the first missed payment. During this pre-foreclosure period, homeowners can submit a loss mitigation application to their mortgage servicer’s loss mitigation department to attempt to resolve the delinquency. The servicer should offer a foreclosure alternative. Alternatives to foreclosure include loan modification, forbearance, short sale, or deed-in-lieu of foreclosure. Submission of a loss mitigation application may also delay the filing of a foreclosure complaint (see #2).
2. Foreclosure Complaint: 
   • In Illinois, the foreclosure process begins when a lender files a lawsuit against a homeowner after the 120-day pre-foreclosure period has ended. The filing is called a "complaint for foreclosure" (sometimes also referred to as a “lis pendens” notice) and it initiates a legal process that can take several months or even years to complete.
3. Response: 
   • After the foreclosure complaint is filed in a court, the homeowner will receive a summons and a copy of the complaint. The summons requires the homeowner to respond to the complaint within 30 days.
4. Foreclosure Judgement:
   • If the homeowner does not respond to the foreclosure complaint within 30 days, the court will enter a “default judgment” in favor of the lender and a “judgment of foreclosure” will be entered. This gives the lender the right to sell the home in a foreclosure sale in order to recoup the unpaid mortgage balance. It is important to note that the homeowner can continue to apply for loss mitigation foreclosure alternatives, such as a loan modification or short sale, following the entry of a foreclosure judgment.
   • If the homeowner does respond, the case will move forward to a trial. At trial, the lender will present evidence to show that the homeowner has defaulted on their mortgage payments, and the homeowner will have the opportunity to present their own evidence and argue their case.
5. Reinstatement:
   • The homeowner can resolve the foreclosure by “reinstating” the mortgage by paying all past due amounts owed to the lender within 90 days from the date that the summons was served on the homeowner (see #3 above).
6. Redemption:
   • The homeowner can resolve the foreclosure by “redeeming” the mortgage by paying the full amount owed including principal, interest and any fees and expenses that have accrued. The homeowner has the right to redeem their delinquent mortgage loan until either:
     • 7 months from the date that the homeowner received the summons (see #3 above); or
     • 3 months from the date of the foreclosure judgment (see #4)
7. Judicial Sale (Foreclosure Sale):
   • If the lender receives a foreclosure judgment (see #4), the lender can sell the home by “judicial sale” (also referred to as foreclosure sale) but only after the notice of foreclosure sale is:
     • provided to the homeowner, and
     • published in a newspaper for 3 weeks prior to the sale.
8. Confirmation Sale:
   • After a property is sold by judicial sale, the court will confirm that the sale of the property was completed according to Illinois law. The court will also enter an eviction order, meaning the former homeowner could be ordered to leave the property as soon as 30 days after the confirmation of the sale. The court will also determine if a “deficiency” or “surplus” balance exists. A deficiency balance is an amount still owed by the homeowner that was not paid from the proceeds of the foreclosure sale. Lenders will not usually pursue a “deficiency” from a foreclosed borrower but it sometimes happens and the former homeowner should contact a housing counselor or attorney in this event. If the foreclosure sale satisfies the debt owed to the mortgage lender and any other lienholders and there is money remaining from the sale, this is called a “surplus” and it must be returned to the former homeowner.
9. Special Redemption:
   • After the judicial sale is confirmed, the homeowner has a special right of “redemption” that can be used to keep the property if:
     • The property was bought back by the lender in the foreclosure sale (as opposed to an outside third-party, such as an individual investor), and  
     • The price paid by the lender for the property at the foreclosure sale was less than the amount required to redeem the property (see #6) prior to the sale.
   • To exercise this right, the homeowner must pay the foreclosure sale price, all other costs incurred by the lender, and interest.
10. Eviction:
    • 30 days after the confirmation of the foreclosure sale (see #8), the purchaser of the property has the right to take possession of the property and evict the tenants. After this point, the sheriff’s office will evict the homeowner from they property if it is still occupied. If the property appears to be vacant, the mortgage loan servicer may change the locks on the doors to the property. In Cook County, the Sheriff does not evict people when it is under 15 degrees or during severe weather conditions regardless of temperature. The Cook County Sheriff also does not evict people December 19 through January 4.
    • If you are facing eviction, you should immediately contact the county sheriff’s office to determine if an eviction date has been set and you should make plans to vacate the property.
    • Sometimes negotiations can be made for “cash for keys,” meaning if you agree to leave the property empty and in what is referred to as “broom swept” condition, you can receive a payment from the new owner of the property. A housing counselor should be consulted to help you determine if an eviction date has been set and whether you can negotiate for a “cash for keys” deal. Sometimes these deals will be made by real estate agents who have been assigned by the mortgage loan servicer to sell the house, and sometimes these deals can be made pre-foreclosure.

BlueHub SUN can help homeowners in Illinois

If you qualify, and if you’re willing to do what it takes, you may be able to work with BlueHub SUN as an alternative to foreclosure.

To apply, you have to:

1. Be late on your mortgage payments, going through foreclosure or facing eviction due to foreclosure.
2. Have a stable income, like a job, Social Security, a pension or disability payments.
3. Live in Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Pennsylvania, Rhode Island or Wisconsin.

There is no fee to inquire or apply. You may be eligible even if you have multiple loans, poor credit, or a recent bankruptcy. If you have an upcoming foreclosure sale date, you may still be eligible. Please complete the inquiry form and a BlueHub SUN employee will reach out to you by phone to discuss your situation.

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Call us TOLL-FREE AT 855.604.HOME or complete our inquiry form.

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