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Illinois Getting Started Mortgage Foreclosure appearance & answer

State:
Illinois
Control #:
IL-SKU-1799
Format:
PDF
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Description

How to Respond to a Mortgage Foreclosure Complaint

Illinois Getting Started Mortgage Foreclosure appearance & answer is a program created by the state of Illinois to support homeowners facing foreclosure. The program provides resources and guidance to help homeowners understand the foreclosure process and their rights and responsibilities as borrowers. The program also offers assistance in finding alternative solutions to foreclosure, such as loan modification, refinance, or deed-in-lieu of foreclosure. There are two types of Illinois Getting Started Mortgage Foreclosure appearance & answer: 1) Appearance & Answer with Service: This type of appearance & answer involves serving the foreclosure complaint on the homeowner, and then filing an answer with the court. The answer must be filed within 30 days of the service of the complaint, and must include a defense to the foreclosure. 2) Appearance & Answer without Service: This type of appearance & answer does not involve serving the foreclosure complaint on the homeowner. Instead, the homeowner files an answer with the court before the foreclosure is served. The answer must be filed at least 7 days before the date of sale, and must include a defense to the foreclosure.

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FAQ

In general, mortgage companies start foreclosure processes about 3-6 months after the first missed mortgage payment. Late fees are charged after 10-15 days, however, most mortgage companies recognize that homeowners may be facing short-term financial hardships.

How Can I Stop Foreclosure in Illinois? Your First Move: Find the Right Foreclosure Attorney. Negotiate with the Lender to Resume Payments. Request a Loan Modification. Seek Special Relief: CARES Act And COVID-19. Address Payments Missed By Mistake. Take the Case to Chicago Courts. Turn the House over to the Lender.

In Illinois, your mortgage loan will automatically default after 90 days without payment. At this point, your lender will send a Notice of Default (NOD), which serves the purpose of informing you of their intent to foreclose on your property due to lack of payment.

In Illinois, it can take approximately 12-15 months for a foreclosure to be completed. Call your lender or a HUD-certified counseling agency as soon as you can.

Subject to a few limited exceptions, you have 7 months from the date you are served to pay off your loan in full, either by refinancing the loan or by selling the house or by other means. This is called your right to redeem, and the 7-month period is called the redemption period.

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 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.

Foreclosure in Illinois The borrower is served a copy of the complaint and a summons, along with a notice of his or her rights during foreclosure. In most cases, the borrower has 30 days to file a response. Failure to respond will result in a default judgment for the lender.

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Illinois Getting Started Mortgage Foreclosure appearance & answer