Foreclosure and bankruptcy

My clients often call and ask me how long does a foreclosure take?
How much time do I have in my house?
Or how much time do I have to file Chapter 13 to stop the foreclosure?

Excellent questions. The generic answer is anywhere from 6-9 months from the time the foreclosure started. The party being foreclosed upon will get notices and timelines of events as they occur to get specific dates. The foreclosure attorney’s office can also provide the dates to you…if they will even take your call!

Therefore, I have posted the Illinois Statute that sets out the time frame. Remember, each state differs. Please contact me if you need help to stop foreclosure, time is of the essence, and the foreclosure will not stop until a bankruptcy is on file.
www.LeedersLaw.com/Chapter13.html

info below as found on www.illinoisprobono.org

State Statutes

Illinois Mortgage Foreclosure Law (IMFL), 735 ILCS 5/15–1507,1508; 1602

Foreclosure Process

The entire process in Illinois takes, on average, from the filing of the complaint to the eviction by the sheriff, nine months. Foreclosure defense in court is seldom successful in defeating the foreclosure action but may prolong the foreclosure by as much as 24 months. If the property is not residential or is abandoned, the process can be substantially shortened. The following is an outline of a typical foreclosure case:

  • Default
  • Filing of Foreclosure
  • Personal Service of Summons
  • Foreclosure Judgment and Order of Sale
  • Reinstatement Period Expires (90 days after personal service)
  • Redemption Period Expires (7 months after personal service or 3 months after judgment, whichever is later)
  • Foreclosure Sale
  • Foreclosure Sale Confirmed
  • Right to Possession Expires (30 days after foreclosure sale confirmed)
  • Eviction by Sheriff of Named Parties
  • Recording of Foreclosure Deed

About Author

Terrance Leeders

Chicago Bankruptcy Attorney, husband, father, Cubs fan.

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