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A consent foreclosure will remove all liens from the title of the home, and a mortgage lender will waive their right to pursue a deficiency judgment to collect any additional amounts owed on a mortgage. All lenders who have an interest in the property must consent to this type of foreclosure.
In a consent foreclosure, a judgment is issued by the court giving the property to the lender, and can be requested once foreclosure proceedings have begun. This process allows the homeowner to consent to the judgment of foreclosure to be entered without having to go through all of the formal foreclosure proceedings.
The required activities that occur during the Pre-Foreclosure phase are 1) Default , 2) Loss Mitigation and 3) Notice of Loan Acceleration. Default. The initial pre-foreclosure activity in any Illinois foreclosure action is a ?default.? A default is when a borrower fails to comply with the terms of a mortgage loan.
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.
Foreclosure proceedings begin with a complaint filed by the lender. 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.