Where Are You in the Foreclosure Process When You Are Served?

 Posted on April 30, 2025 in Foreclosure

Unfortunately, Illinois foreclosures are on the upswing, with the state now having the ninth-highest home foreclosure rates in the nation. About one out of every 3,753 homeowners in the state now faces foreclosure actions, and there are few signs that these actions will slow down in the coming months.

If you have been unable to make your monthly mortgage payments due to unforeseen circumstances, you are likely very anxious about whether you will be forced to leave your home. Many people in this situation simply choose not to think about potential foreclosure because it is too frightening. They hold onto hope that "something" will change, allowing them to catch up on their mortgage payments.

Others attempt to handle the foreclosure process on their own. Neither of these is a productive action. You need real, experienced legal assistance to help you potentially halt the foreclosure process or, at the very least, buy some much-needed time. Speaking to a knowledgeable Round Lake, IL foreclosure attorney is the best step you can take to determine what your real options are.

Understanding the Illinois Foreclosure Process Can Help

The foreclosure process in Illinois is longer than in many other states, although it is certainly not the longest. The state of Hawaii has the longest foreclosure process at about 2,500 days, or almost seven years. This longer process allows homeowners in the state extra time to remain in their homes while looking for options.

An uncontested Illinois foreclosure can take up to 15 months before the owner must vacate the premises. The owner may receive contact from his or her lender once the mortgage payments are 30-60 days late, and when a mortgage is between 60 and 120 days late, the mortgage automatically goes into loan default. Once you receive your mortgage company's Notice of Default letter, the foreclosure becomes public record.

Once you are served with a mortgage foreclosure summons, you are at the fourth step of a process that generally has nine to 10 steps. Hiding in your closet will not protect you from being served. In fact, reading the complaint you are served with is necessary both for notification of important dates and to find any potential discrepancies in the paperwork. Once you have been served, if you do not already have a foreclosure attorney, it is extremely important that you speak to one now.  

Should you ignore the mortgage foreclosure summons, a default judgment will be entered against you. Responding to the summons by fighting the foreclosure will change the timeline while choosing not to respond says you agree with the complaint and request for foreclosure. You have 90 days from the date you are served to reinstate your mortgage, even if a default judgment has been entered. This means you can bring your loan payments current during these 90 days, and the foreclosure is halted.

The right to redemption expires seven months after service or three months after the judgment date, whichever is later. If you and your attorney have agreed that filing for bankruptcy is the best solution for you, this is the time to do so.  If no action is taken during the redemption period, your lender can sell your home. You will receive notification of the foreclosure sale at least ten days in advance, and the sale must be published in your local newspaper for a minimum of three consecutive weeks.

Once the foreclosure sale is final, an eviction notice will be entered. The Sheriff’s Department can forcibly evict you if you refuse to leave the property. It is important to note that the primary difference between homeowners who end up in foreclosure and those who do not is whether the homeowner seeks assistance from an experienced Illinois foreclosure lawyer.

Contact a Lake County, IL Foreclosure Lawyer

A Libertyville, IL foreclosure attorney from Newland & Newland, LLP understands the fear and desperation a foreclosure can bring. Our attorneys have decades of combined experience and always put their clients first. Call 847-549-0000 to schedule your free consultation.