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The Role of a “Notice of Sale” in Illinois Foreclosure Proceedings

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.

A Cook County judge approved the sale over the homeowner's objections. The homeowner then appealed. In both courts, the homeowner alleged the notice of sale was deficient because the “Glenview Announcements” was published in downtown Chicago, rather than Northfield Township, which is where the home is located. As noted above, Illinois foreclosure law specifies that with respect to foreclosure sales in Cook County, the notice must be published in the township rather than the county itself.

The appellate court declined to reverse the sale. It explained that even if the notice was somehow deficient, it was insufficient to invalidate the sale. More to the point, there was no evidence that the homeowner failed to receive actual notice of the sale. Nor were the published notices so distant from the property being sold that the public-at-large did not receive the necessary information. Accordingly, the appellate court ruled that the homeowner's arguments were without merit and the sale was not reversed.

Contact a Libertyville Foreclosure Attorney 

A notice of sale represents an advanced stage in the foreclosure process. As the case above illustrates, approximately nine years elapsed between the lender filing its initial lawsuit and the final sale. Even in cases that do not take so long, there is generally more than sufficient time for a homeowner to take action to defend his or her interests. Simply missing one or two payments will not result in an immediate judicial sale. But it is still important to act quickly when your mortgage lender informs you of their intent to begin foreclosure proceedings. An experienced Lake County foreclosure defense lawyer can provide you with valuable advice and representation in these matters. If you need assistance, contact the knowledgeable legal team at Newland & Newland, L.L.P. at 847-549-0000 today for a free phone consultation.

 

Source:

https://courts.illinois.gov/R23Orders/AppellateCourt/2020/1stDistrict/1192164R23.pdf

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