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Lake County consent foreclosure lawyersLife can sometimes throw unexpected curve balls our way that prevent us from staying current on mortgage payments. Perhaps you or someone in your family has experienced a job loss, substantial increase in expenses, major health issue, or another surprising life event. Whatever the reason, being behind on mortgage payments can put an individual at risk of foreclosure. If you are facing a possible foreclosure, one option that may be right for you is a consent foreclosure.

What is a Deficiency Judgement?

Illinois law mandates that all foreclosures must go through the court system. The mortgage servicer may begin the foreclosure process when the borrower is four months or more behind on payments. If the homeowner cannot cure the default, the servicer will file a foreclosure lawsuit. If the lender wins the lawsuit, it has the authority to seize and sell your home. The difference between the amount you owe on your home and the home’s sale price is called a deficiency. Deficiencies can often be tens or even hundreds of thousands of dollars. The legal order requiring you to pay this difference is called a deficiency judgment.

Can a Consent Foreclosure Can Help Me Avoid a Deficiency Judgment?

If you want to avoid a stressful negotiations with the bank and a lengthy court process, you may be able to simply return the property to the bank and avoid a deficiency judgment through a consent foreclosure. An experienced real estate attorney can negotiate a consent foreclosure on your behalf. If the lender agrees to accept the consent foreclosure and waives the deficiency, you will be able to move on with your life without the burden of a costly deficiency judgment.

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Lake County foreclosure attorneysWhile the housing market has largely recovered from its most recent serious crash, many families still worry about money and how they will afford their mortgage payment every month. In some situations, money is always pretty tight, and in others, a serious accident or illness may upset the family’s financial stability. If you are struggling to pay your mortgage, you might have had someone suggest a “strategic default” as an option for you. Before you take any action, however, it is important to know what a strategic default is and what the consequences could be.

What Is a Strategic Default?

A strategic default refers to a situation in which a borrower intentionally allows his or her loan to default. The borrower deliberately falls behind on the loan as a financial strategy, not because he or she could not afford the payments. Strategic defaults are most often used when there is negative equity in the property in question. Negative equity means that the property is valued at less than the amount remaining on the mortgage loan.

Keep in mind that a strategic default is not the same thing as a consent foreclosure, though many people use the terms interchangeably. A strategic default applies to the status of the loan itself, while a consent foreclosure refers to one possible outcome of defaulting on your loan. It is possible—and it may even be your best option—to strategically default on your loan first, and then work out a consent foreclosure agreement with your lender.

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Lake County foreclosure defense lawyersIf you are seriously behind on your mortgage payments, you are in danger of foreclosure. Under Illinois law, all foreclosures must be filed in court, and a judicial foreclosure can be a challenging, expensive undertaking for the lender. Court costs, attorneys’ fees, and other expenses can add up quickly. As a result, if the lender wins the foreclosure lawsuit, the lender can seize and sell your home, and you could be left responsible for the difference between the sale price and the amount remaining on your mortgage. This amount is known as a deficiency.

In some situations, however, the lender may be open to other options that might not cost so much in terms of time, money, and energy. In exchange, the lender may be willing to waive its right to pursue a deficiency judgment against you. One such option is a consent foreclosure.

Negotiating the Terms of a Consent Foreclosure

A consent foreclosure is a process allowed by the Illinois Mortgage Foreclosure Law (IMFL) that is essentially a pre-trial settlement of the foreclosure proceedings. A consent foreclosure is still a foreclosure in that court enters a judgment of foreclosure against you as the homeowner in default on your loan and the property is turned over to the lender. The “consent” part of a consent foreclosure, however, means that you are not fighting the foreclosure and you agree to walk away from the property.

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