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Grayslake foreclosure defense attorney

Illinois foreclosure law requires a judge to follow a number of steps before approving or confirming a property sale. One of these steps is to ensure that the mortgage lender or their representative has published a proper notice of the sale. Even in the Internet age, the law requires publication of this notice via newspaper advertisements. More precisely, the notice of sale must be published for three consecutive weeks in a “newspaper circulated to the general public in the county in which the real estate is located.” In counties with more than 3 million people–i.e., Cook County–the notice must be published in the township where the property is located.

Not All Defects Warrant a Reverse of Sale

An Illinois appellate court recently rejected a homeowner's attempt to undo the judicial sale of their property due to a technical failure to follow the notice requirement. The lender filed a complaint to foreclose on the mortgage in January 2010. The judgment itself was entered more than eight years later, in October 2018. In July 2019, the lender filed a notice of sale, which was published in the Chicago Daily Law Bulletin and the “Glenview Announcements,” the latter of which is published by the Chicago Tribune.

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Lake County foreclosure defense lawyersForeclosure is the legal process during which a home is sold to settle an unpaid mortgage debt. When a homeowner falls behind on his or her mortgage payments, the home may go into foreclosure, and the mortgage lender may seize the property. In Illinois, all foreclosures are “judicial” which means that the process is carried out through the court system. In other states, non-judicial foreclosures may be an option, but Illinois law only permits judicial foreclosures. The legal process of foreclosing on a home can take several months to several years in Illinois. If you are concerned that your home may go into foreclosure, talk to an experienced foreclosure attorney so that you can explore potential defenses.

When Does a Mortgage Servicer Initiate a Foreclosure?

Life can be unpredictable to say the least. When an unexpected illness, disability, job loss, or other financial hardship occurs, a homeowner may fall behind on his or her mortgage payments. A mortgage servicer cannot initiate foreclosure procedures simply because a borrower has missed one or two payments. However, when a borrower is over 120 days delinquent on their mortgage loan payments, the servicer may begin the foreclosure. A homeowner who has not been making payments will receive a “breach letter” that notifies him or her that he or she is in default on the mortgage loan. At this point, the homeowner should speak to a lawyer and start exploring alternatives to foreclosure such as a loan modification or short sale. If nothing is done to remedy the default, the servicer will officially begin foreclosure proceedings

Judicial Foreclosure Filing

In order for a mortgage servicer to be permitted to resell a home, the servicer must file a foreclosure lawsuit in court. Typically, a lender will file the petition for foreclosure documents in the circuit court of the Illinois county in which the property is located. However, the servicer also has the option to file the petition for foreclosure in federal court. Once the mortgage servicer files the foreclosure with the court, you will be personally served with a copy of the servicer’s complaint and a summons. You will be asked to file a response that notifies the court of whether or not you intend to object to the foreclosure. If you do not file a response within 30 days, a default judgment could be entered against you. This means that you automatically lose the case and the mortgage servicer is authorized to proceed with the sale of your home. This is why it is so crucial for anyone facing foreclosure to contact a quality attorney as soon as possible.

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Libertyville foreclosure defense attorneysAs the nation has struggled financially due to the shutdown caused by the COVID-19 outbreak, the federal government placed a freeze on foreclosure and eviction proceedings by Fannie Mae, Freddie Mac, and other government agencies. Many of the country’s leading mortgage lenders and banks also announced programs designed to assist homeowners facing difficulties making their mortgage payments.

The specifics of the programs offered by the various lenders can vary widely, as not all institutions can afford to go very long without payments from their borrowers. Such inconsistencies have left many homeowners still worried about what will happen in the next few weeks and months. With this in mind, lawmakers in Illinois are working to pass a bill that would offer relief to renters, homeowners, and lenders before the new month begins.

Bill Would Suspend Rent and Mortgage Payments

Last Friday, Representative Delia Ramirez (D-Chicago) introduced the COVID-19 Emergency and Economic Recovery Renter and Homeowner Protection Act. “We have to make housing an absolute top priority,” Ramirez said. She expressed that families should not have to choose between keeping a roof over their heads or buying food.

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Lake County loan modification lawyerWhen you are facing financial distress, you might explore options like modifying your mortgage loan terms or negotiating with your lender to avoid foreclosure. Foreclosure can have a substantial impact on your current and future credit, not to mention the loss of your home. If you are struggling to make your mortgage payments, a loan modification request might be the best way for you to get your debt under control.

Requesting a loan modification does not always result in an approval. Your request can be denied for a variety of reasons. In many of these cases, it is possible to resubmit the request and potentially have it approved with additional information provided. If you are facing this situation, speak with an experienced bankruptcy attorney about your options.

You Have Insufficient Credit or Income

If you are denied due to having credit issues or not enough money to afford the modified loan terms, you will have to make changes in your daily lifestyle and expenditures. For example, if you have outstanding debt, pay at least some of it. If you cannot afford to pay your entire credit card balance, even paying a portion of it can help you. Similarly, if you cannot show that you have a certain amount of available cash, make changes like selling a vehicle or cutting unnecessary expenses like cable or dining out to save money.

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Lake County short sale attorneysIf you are behind on your mortgage payments, you know just how stressful it can be. You may end up losing sleep because you are worried about what will happen to your home. If you owe more on the home than it is worth, you may be a risk of foreclosure. In situations like these, one option that many people find preferable to foreclosure is a short sale.

During a short sale, a home is sold for less than what the owner owns on the home. Additionally, the lender generally agrees to accept less than the amount owed by the borrower by means of a the short sale. This option comes with certain advantages, as well as some disadvantages. If you are concerned that your home may be foreclosed on, a qualified foreclosure lawyer can help you determine whether or not a short sale may be right for you.

Short Selling to Avoid Foreclosure

Research shows that approximately one in every 1,380 Illinois homes is foreclosed on. Foreclosure can be an extremely stressful and embarrassing process to endure. Although foreclosure can happen to anyone, many people feel a great deal of shame regarding foreclosure. The greatest benefit of a short sale is that it can allow you to avoid foreclosure. When a you have a foreclosure in his or her credit history, you will not be eligible for another mortgage for a minimum of seven years. However, this waiting period may be as short as two years if the home is sold through a short sale.

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