Illinois Summons Residential Foreclosure (and Notice)

State:
Illinois
Control #:
IL-SKU-0016
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PDF
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Description

Summons Residential Foreclosure (and Notice)

Illinois Summons Residential Foreclosure (and Notice) is a legal document used by lenders in the state of Illinois to commence foreclosure proceedings. The document is served to the borrower and notifies the borrower of the lender’s intention to foreclose on the mortgage. The document outlines the total amount due and the date by which the borrower must pay the amount due in order to prevent foreclosure. Depending on the circumstances of the loan, the document may also include a Notice of Sale and a Notice of Default. The Notice of Sale includes information on when and where the sale of the property will be held. The Notice of Default outlines the reasons for the foreclosure action and the amount due. The three types of Illinois Summons Residential Foreclosure (and Notice) are: 1. Summons for Regular Foreclosure: This document includes information about the lender's right to foreclose on the property. 2. Summons for Acceleration Foreclosure: This document includes information about the lender's right to accelerate the loan and begin foreclosure proceedings. 3. Summons for Judicial Foreclosure: This document includes information about the lender's right to pursue a court action to foreclose on the property.

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FAQ

In Illinois, it can take approximately 12-15 months for a foreclosure to be completed. Call your lender or a HUD-certified counseling agency as soon as you can.

How Can I Stop Foreclosure in Illinois? Your First Move: Find the Right Foreclosure Attorney. Negotiate with the Lender to Resume Payments. Request a Loan Modification. Seek Special Relief: CARES Act And COVID-19. Address Payments Missed By Mistake. Take the Case to Chicago Courts. Turn the House over to the Lender.

In general, mortgage companies start foreclosure processes about 3-6 months after the first missed mortgage payment. Late fees are charged after 10-15 days, however, most mortgage companies recognize that homeowners may be facing short-term financial hardships.

Foreclosure proceedings begin with a complaint filed by the lender. The borrower is served a copy of the complaint and a summons, along with a notice of his or her rights during foreclosure. In most cases, the borrower has 30 days to file a response. Failure to respond will result in a default judgment for the lender.

In general, a lender won't begin foreclosure until you've missed four consecutive mortgage payments. Timing can vary from lender to lender as well as on the state of the housing market at the time. Lenders generally prefer to avoid foreclosure because it is costly and time-consuming.

In Illinois, your mortgage loan will automatically default after 90 days without payment. At this point, your lender will send a Notice of Default (NOD), which serves the purpose of informing you of their intent to foreclose on your property due to lack of payment.

How Can I Stop Foreclosure in Illinois? Your First Move: Find the Right Foreclosure Attorney. Negotiate with the Lender to Resume Payments. Request a Loan Modification. Seek Special Relief: CARES Act And COVID-19. Address Payments Missed By Mistake. Take the Case to Chicago Courts. Turn the House over to the Lender.

Foreclosure proceedings begin with a complaint filed by the lender. The borrower is served a copy of the complaint and a summons, along with a notice of his or her rights during foreclosure. In most cases, the borrower has 30 days to file a response. Failure to respond will result in a default judgment for the lender.

More info

Step 5: File the Form with the Court Clerk. The "complaint," sometimes called a "petition," for foreclosure lays out the claims of the foreclosure suit.The purpose of the lawsuit is for the lender to obtain a judgment from the court that allows it to sell the property at an auction. A notice of preforeclosure does not mean you need to vacate the home. This page provides foreclosure resources for both lenders and debtors. This notice should provide clear information about the situation, including: You are in danger of losing your home. There will be a notice with information about the free NJ court foreclosure mediation program attached to the summons and complaint. Where can you find the information you need to respond? A notice of preforeclosure does not mean you need to vacate the home. What am I supposed to do after I have been served with the Summons, Complaint, and the Notice of Right to Foreclosure Intervention?

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Illinois Summons Residential Foreclosure (and Notice)