If you are facing foreclosure in Illinois, it’s important to understand some of the basics, including:
- the most common type of foreclosure procedure (judicial v. nonjudicial) used in Illinois
- how much time you have to respond
- your rights and protections in the process, and
- what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).
Below we have outlined some of the most important features of Illinois foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.
|Common type of foreclosure process||Judicial|
|Time to respond||Homeowner has 20 to 30 days to respond after being served with summons and complaint. After court issues a judgment of foreclosure, notice must be published between 45 and seven days before sale. No notice need be mailed to homeowner.|
|Reinstatement of loan before sale||Available within 90 days after foreclosure complaint is served on homeowner. Under High-Risk Home Loan Act, foreclosing party must serve notice of right to reinstate at least 30 days before starting foreclosure lawsuit.|
|Redemption after sale||Allowed for seven months after the complaint is served or three months after foreclosure judgment entered, whichever is later.|
|Special protections for foreclosures involving high-cost mortgages||Special defenses to foreclosure lawsuit. High-Risk Home Loan Act, 815 Ill. Comp. Stat §§ 137/1 to 137/175|
|Special state protections for service members||330 Ill. Comp. Stat. § 60/5.1|
|Deficiency judgments||May be sought as part of the foreclosure lawsuit|
|Cash exempted in bankruptcy||$4,000 for one person, $8,000 for a married couple|
|Notice to leave after house is sold||Court may order homeowner removed 30 days after sale. New owner must file a complaint for forcible entry and detainer to remove any occupant who wasn’t personally served in the foreclosure case. 735 Ill. Comp. Stat. §§ 5/9-101, 5/15-1508(g), 5/15-1701|
|Foreclosure statutes||735 Ill. Comp. Stat §§ 5/15-1501 to 5/15-1512|