Secure Debt Shall Foreclose In Illinois
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If the IRS tax lien is junior to the mortgage being foreclosed, the IRS tax lien will be foreclosed through the judicial sale and the lien on the property will be extinguished after the judicial deed is issued.
Once you are delinquent by 120 days or more, your lender can initiate foreclosure proceedings in court. Illinois is a state in which all foreclosures are judicial foreclosures, which means the court system has jurisdiction over the matter.
The lien will expire seven years from the time it is recorded. 735 ILCS 5/12-101. However, real estate that has been levied upon within the seven-year period is allowed one additional year to be sold to enforce the judgment.
Following a first mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title. However, the second mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.
After a foreclosure in Illinois, junior lien holders may pursue judgments against the debtors in an effort to collect what is owed to them. While second mortgages and home equity lines of credit will no longer be secured by the properties, foreclosed homeowners may still be liable for them.
You'll need to act quickly to claim surplus funds after the foreclosure sale. A limited amount of time will be available for you to get the funds. The exact amount of time you'll get depends on state procedures. You can apply to either the foreclosure trustee or the court to get the foreclosure excess proceeds.
After missing three monthly payments, the borrower is given notice of acceleration. The notice informs the borrower that the property is set for foreclosure.
This is called your right to redeem, and the 7-month period is called the redemption period. Sometimes you can have longer. The redemption period also runs for 3 months after a foreclosure judgment is entered, so, depending on when a judgment is entered, the redemption period can run longer than 7 months from service.
Mortgage Foreclosure Surplus Funds Claiming a surplus involves filing a Motion, mailing or serving Notice of Motion and a copy of your Motion to all parties involved in the case, scheduling a court date and appearing before the judge to request an Order to have your surplus funds released.
Whether the surplus funds from a foreclosure sale are taxable can depend on individual circumstances and how they align with tax regulations. Generally, these funds might be considered taxable income, and the homeowner may need to report them as such on their income taxes.
