Wednesday, September 8, 2010

Finding Foreclosure Help in Illinois

Finding Foreclosure Help in Illinois

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

In Chicago

Call: (312) 353-5680
Fax: (312) 886-2729
TTY: (312) 353-7143

Ralph Metcalfe Federal Building
77 West Jackson Boulevard
Chicago, Illinois 60604

Office Hours: 8:30 a.m. to 5:00 p.m.
Monday through Friday

In Springfield

Call: (217) 492-4120
Fax: (217) 492-4154
TTY: (217) 492-4101

John W. Meyers,
Field Office Director
email: john.w.meyers@hud.gov

500 West Monroe, 1SW
Springfield, IL 62704

Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Illinois Foreclosure Laws Summary

Quick Facts:

Judicial foreclosure process is available.
Non-judicial foreclosure process is not available.
The primary security instruments are mortgages.
The timeline can vary by process, which typically takes 210 days.
The borrower has no rights of redemption.
The lender may sue for deficiency judgements.
There are a number of options available to foreclose on mortgages in default in Illinois.

Judicial Foreclosure
At least 30 days before the court’s judgement to foreclose, a notice of sale must be sent to the borrower and other parties involved informing them about the intent to foreclose. When the court approves the foreclosure, the specifics of the sale that are indicated in the notice of sale must be followed as long as it follows the minimum standards set by the Illinois Statutes.

The sheriff or a judge may conduct the sale at the property itself, and the borrower loses his rights of redemption as soon as the sale is completed.

Deed of Lieu Foreclosure
When a borrower defaults on a mortgage, he has the option of giving the deed of the property to the lender and surrendering any rights that he has over the property. If the lender accepts, he forfeits the right to obtain a deficiency judgement.

Consent Foreclosure
This type of foreclosure is similar to the Deed of Lieu foreclosure, but in this case, the court orders the title of the property to be given to the lender in the event of a default. The borrower has no rights of redemption and the lender cannot file for a deficiency judgement.

The state of Illinois does not allow the non-judicial foreclosure process, but the common law strict foreclosure method may be used by lenders.

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