Question 1

Is Illinois a judicial or non-judicial foreclosure state?

Accepted Answer

Judicial. Mortgages in Illinois are foreclosed through a court case under the Illinois Mortgage Foreclosure Law. The owner's interest is ended by a court-ordered judicial sale after a judgment of foreclosure, and only once the court confirms the sale.

Question 2

What notice is required before a foreclosure sale in Illinois?

Accepted Answer

In every residential foreclosure, the lender must attach a "Homeowner Notice" (in English and Spanish, at least 12-point type) to the summons. It tells homeowners they can stay in the home until a judge enters an eviction order, they own the home until the court rules otherwise, they can reinstate within 90 days after receiving the summons, they can sell, refinance or pay off during the redemption period, they can claim any surplus, and they can get a free first payoff statement within 10 business days of a written request. Before the judicial sale, public notice must be published once a week for at least 3 consecutive calendar weeks, with the first notice no more than 45 days and the last no less than 7 days before the sale; parties who have appeared must also be notified.

Question 3

How long does foreclosure take in Illinois?

Accepted Answer

The homeowner has 90 days after being served (or otherwise submitting to the court) to reinstate. For residential property, the redemption period ends on the later of 7 months after all mortgagors are served or 3 months after the foreclosure judgment. The judicial sale is then noticed and held, and must be confirmed by the court. Notice of sale may be given before the reinstatement or redemption period ends.

Question 4

Can you stop a foreclosure by catching up on payments in Illinois?

Accepted Answer

Yes. A homeowner may reinstate the mortgage by curing all existing defaults (other than principal that would not be due without acceleration) and paying the costs and expenses the mortgage requires, within 90 days after all mortgagors are served with summons (or by publication) or otherwise submit to the court's jurisdiction. The foreclosure is then dismissed. If the court makes a written finding that the homeowner reinstated, the right is not available again under the same mortgage for five years.

Question 5

Is there a right of redemption after foreclosure in Illinois?

Accepted Answer

For residential real estate, the owner may redeem (pay off the amount due) until the later of 7 months after all mortgagors are served or otherwise submit to the court, or 3 months after the judgment of foreclosure. The redemption period also cannot end before the reinstatement period expires. For other property the 7 months is 6 months. Redemption must occur during this period, which runs before the judicial sale.

Question 6

Can the lender come after you for the rest of the loan after foreclosure in Illinois?

Accepted Answer

Yes, unless the Foreclosure Law expressly prohibits it. In the order confirming the sale, the court enters a personal judgment for any deficiency against a party if otherwise authorized and to the extent requested in the complaint and proved, but only against parties who were personally served or who appeared in the case.

Question 7

Does Illinois have a foreclosure mediation program?

Accepted Answer

There is no single statewide program on the pages reviewed, but the Cook County Mortgage Foreclosure Mediation Program is a free, countywide program that helps homeowners facing foreclosure reach agreements with lenders, such as loan modifications or negotiated exits, with housing counselors as a key part. Helpline: 855-452-2637.

Question 8

What happens to tenants when a rental home is foreclosed in Illinois?

Accepted Answer

Whoever takes control of residential property in foreclosure (the lender, a receiver, or the buyer at the judicial sale) may end a bona fide lease only at the end of the lease term, or for a month-to-month or week-to-week tenancy, with at least 90 days' written notice. A buyer at a judicial sale who will live in the unit as a primary residence may also end the lease with 90 days' written notice.

Question 9

Can an HOA foreclose on your home in Illinois?

Accepted Answer

For condominiums, Illinois law lets the board of managers bring an eviction (forcible entry and detainer) action when a unit owner fails to pay common expenses or fines after being served the required written demand and not paying within the time stated. A similar remedy applies to certain common interest communities.

Question 10

What must a home seller disclose in Illinois?

Accepted Answer

Yes. A seller of residential real property must complete every item in the statutory Residential Real Property Disclosure Report and deliver it to the prospective buyer before the contract is signed. The seller must disclose material defects the seller actually knows about, but is not required to investigate.

Question 11

How do you get your home back after a tax sale in Illinois?

Accepted Answer

Property sold at a tax sale may generally be redeemed at any time before 3 years after the sale date. Vacant non-farm property, buildings with 7 or more residential units, and commercial or industrial property may be redeemed only within 1 year after the sale.

Question 12

Where can homeowners get free foreclosure help in Illinois?

Accepted Answer

The Illinois Attorney General's Homeowner Helpline is 866-544-7151, for help with mortgage and foreclosure questions and to report predatory lending. The Illinois Housing Development Authority (IHDA) funds HUD-certified housing counselors who offer free or low-cost foreclosure prevention counseling, and points Cook County homeowners to the mediation helpline at 855-452-2637. IHDA does not give money directly to homeowners.

Judicial or non-judicial	Judicial. Mortgages in Illinois are foreclosed through a court case under the Illinois Mortgage Foreclosure Law. The owner's interest is ended by a court-ordered judicial sale after a judgment of foreclosure, and only once the court confirms the sale. Source: 735 ILCS 5/15-1404, 5/15-1508
Required notices	In every residential foreclosure, the lender must attach a "Homeowner Notice" (in English and Spanish, at least 12-point type) to the summons. It tells homeowners they can stay in the home until a judge enters an eviction order, they own the home until the court rules otherwise, they can reinstate within 90 days after receiving the summons, they can sell, refinance or pay off during the redemption period, they can claim any surplus, and they can get a free first payoff statement within 10 business days of a written request. Before the judicial sale, public notice must be published once a week for at least 3 consecutive calendar weeks, with the first notice no more than 45 days and the last no less than 7 days before the sale; parties who have appeared must also be notified. Source: 735 ILCS 5/15-1504.5, 5/15-1507(c)
Time frames set by law	The homeowner has 90 days after being served (or otherwise submitting to the court) to reinstate. For residential property, the redemption period ends on the later of 7 months after all mortgagors are served or 3 months after the foreclosure judgment. The judicial sale is then noticed and held, and must be confirmed by the court. Notice of sale may be given before the reinstatement or redemption period ends. Source: 735 ILCS 5/15-1602, 5/15-1603, 5/15-1507
Right to catch up (reinstate)	Yes. A homeowner may reinstate the mortgage by curing all existing defaults (other than principal that would not be due without acceleration) and paying the costs and expenses the mortgage requires, within 90 days after all mortgagors are served with summons (or by publication) or otherwise submit to the court's jurisdiction. The foreclosure is then dismissed. If the court makes a written finding that the homeowner reinstated, the right is not available again under the same mortgage for five years. Source: 735 ILCS 5/15-1602
Foreclosure mediation	There is no single statewide program on the pages reviewed, but the Cook County Mortgage Foreclosure Mediation Program is a free, countywide program that helps homeowners facing foreclosure reach agreements with lenders, such as loan modifications or negotiated exits, with housing counselors as a key part. Helpline: 855-452-2637. Source: Illinois Housing Development Authority, Housing Counseling Programs

Redemption after the sale	For residential real estate, the owner may redeem (pay off the amount due) until the later of 7 months after all mortgagors are served or otherwise submit to the court, or 3 months after the judgment of foreclosure. The redemption period also cannot end before the reinstatement period expires. For other property the 7 months is 6 months. Redemption must occur during this period, which runs before the judicial sale. Source: 735 ILCS 5/15-1603
Deficiency judgments	Yes, unless the Foreclosure Law expressly prohibits it. In the order confirming the sale, the court enters a personal judgment for any deficiency against a party if otherwise authorized and to the extent requested in the complaint and proved, but only against parties who were personally served or who appeared in the case. Source: 735 ILCS 5/15-1511, 5/15-1508(e)
Tenants in a foreclosed home	Whoever takes control of residential property in foreclosure (the lender, a receiver, or the buyer at the judicial sale) may end a bona fide lease only at the end of the lease term, or for a month-to-month or week-to-week tenancy, with at least 90 days' written notice. A buyer at a judicial sale who will live in the unit as a primary residence may also end the lease with 90 days' written notice. Source: 735 ILCS 5/9-207.5

HOA liens and foreclosure	For condominiums, Illinois law lets the board of managers bring an eviction (forcible entry and detainer) action when a unit owner fails to pay common expenses or fines after being served the required written demand and not paying within the time stated. A similar remedy applies to certain common interest communities. Source: 735 ILCS 5/9-102(a)(7)–(8)
Property tax sales	Property sold at a tax sale may generally be redeemed at any time before 3 years after the sale date. Vacant non-farm property, buildings with 7 or more residential units, and commercial or industrial property may be redeemed only within 1 year after the sale. These periods apply under the current section to tax certificates issued on or after its effective dates; older certificates may follow earlier rules. Source: 35 ILCS 200/21-350
Seller disclosure	Yes. A seller of residential real property must complete every item in the statutory Residential Real Property Disclosure Report and deliver it to the prospective buyer before the contract is signed. The seller must disclose material defects the seller actually knows about, but is not required to investigate. Source: 765 ILCS 77/20, 77/25, 77/35

Illinois Foreclosure Laws: Process, Timeline and Your Rights

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After the sale

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Foreclosure & Homeowner Law FAQ

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