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Foreclosure Under Illinois Civil Law: What to Expect After Losing the Good Fight

Posted on in Bankruptcy

You fought the good fight, but it was not enough. Due to financial hardship your family home has gone into foreclosure status and you are now facing eviction in your home state of Illinois. Not only are you reeling from the emotional pain associated with losing your home but you are also regretting not contacting an experienced foreclosure attorney at the onset of your financial difficulties. Now you are left wondering what happens next.

For those currently in foreclosure, without any recourse, subject to Illinois Civil Procedure Law (735 ILCS 5), take comfort that you will not be immediately forced to vacate your home, but if you choose to dig in your heels as a last ditch effort, the bank or the new homeowners are permitted to pursue eviction action against you as follows:

Self-Help Eviction

Once your home has been deemed foreclosed you will be treated as a residing tenant. Your lender is now required to follow Illinois state law but may attempt a self-help eviction as a means to force you and your family out of the home through the use of harassment or denial of service, all without a court order. This method provides you with the opportunity to begin legal proceedings against the lender. If you fall victim to this type of eviction, it is in your best interest to contact an experienced Illinois attorney immediately to ensure the eviction process follows Illinois civil law.

The Eviction Process

What you should expect is a notice to quit the property providing you 30 days to vacate before an official eviction is filed with the court. If you choose to count your losses and leave within the specified 30 days, the bank is not required to file an eviction notice with the court.

If you choose to stay beyond the 30 day period, the lender will then file the required paperwork with the local civil or justice court. If this is the case you will be served with a summons to appear before the court to explain your reluctance to vacate within 30 days. If you fail to appear, a default eviction judgement will be issued against you voiding your physical rights to remain on the property. The only exceptions to this judgment would be if the lender has decided to move forward with a self-help eviction or has filed the eviction paperwork with errors.

Physical Eviction

Once an eviction judgment has been accepted by an Illinois court, the court will provide a specific time frame of when you will need to vacate your home. It may be a grace period of one to two weeks. If for any reason you are not willing to leave your home, the lender can move forward filing a Writ of Possession. A copy of this legal document will then be forwarded to the sheriff's office who holds authorization to physically remove you and your possessions from the property. The lender will then list the home as a short sale as they try to recoup their investment and pay down the outstanding balance of your promissory note.

The attorneys of Newland & Newland, LLC understand your frustration, and we wish you had contacted us at the first sign of financial difficulty. We strongly urge residents of Cook, Lane, DuPage, McHenry, Kane and Will Counties facing foreclosure the opportunity to discuss their financial situation with one of our experienced attorneys to avoid the pain of losing your home. We are available to help you make informed decisions by offering options through a strategic foreclosure defense to get the lender to agree to new loan terms or by establishing a loan modification plan that brings forth favorable results to keep you and your family in the home. For more information about your options, contact us today for a free phone consultation to avoid losing the good fight.

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