Illinois Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage

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Multi-State
Control #:
US-0592BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage

How to fill out Notice Of Intention To Foreclose And Of Liability For Deficiency After Foreclosure Of Mortgage?

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FAQ

If a foreclosure is nonjudicial, the foreclosing lender must file a lawsuit following the foreclosure to get a deficiency judgment. On the other hand, with a judicial foreclosure, most states allow the lender to seek a deficiency judgment as part of the underlying foreclosure lawsuit.

Redemption. 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.

In return for the lender having the power to sell the property, the Power of Sale clause protects the borrower by stating that when the lender sells the property, the lender may not hold the borrower liable for any cost not covered by the sale unless the lender is able to obtain a deficiency judgment in their favor, ...

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.

A deficiency judgment allows a lender to pursue your other assets if you choose to default on your mortgage and the property is foreclosed. In Illinois, a loan servicer has recourse to seek money still owed after the property has been sold at auction.

Primary tabs. Deficiency judgment is money awarded to creditors when assets securing a loan do not cover the debt owed by a debtor. When a debtor becomes insolvent, a creditor can repossess the asset securing the loan, and then sell the asset to recover the debt.

A deficiency judgment is a personal judgment against a borrower for the balance of a debt owed when the security for the loan is not sufficient to pay the debt.

In a judicial foreclosure, the lender can get a deficiency judgment to collect any money they're owed after the sale. In a judicial foreclosure, after the judge orders the sale of a home, it's usually auctioned off to the highest bidder.

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Illinois Notice of Intention to Foreclose and of Liability for Deficiency after Foreclosure of Mortgage