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Illinois Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Illinois on
Q: Can I get an extention of time to file amended pleadings if I hire an attorney?

I recently realized that I qualify for pro bono assistance in my foreclosure case in dupage county, il. My amended pleadings were due a few days ago, and I have court in a couple of days. I recently found out that I qualify for pro bono assistance due to low income. Can I request an extention based... Read more »

Robert J. Walinski
Robert J. Walinski answered on Aug 5, 2019

Nothing is ever guaranteed but generally courts bend over backwards to give foreclosure defendants every opportunity to present a defense. Especially if the defendant is pro-se. So the answer is very probably you can get an extension of time to plead.

1 Answer | Asked in Bankruptcy and Foreclosure for Illinois on
Q: How long do I have if I'm being ejected from my house that got foreclosed on I just found out on this site.
Timothy Denison
Timothy Denison answered on Mar 16, 2019

It can vary from 30 to .180 days

1 Answer | Asked in Foreclosure for Illinois on
Q: How will filing for bankruptcy affect my bank's foreclosure threats?
Robert J. Walinski
Robert J. Walinski answered on Oct 26, 2018

Not much. The lender can ask for relief from the automatic stay in order to proceed, or simply wait for your discharge then proceed.

1 Answer | Asked in Foreclosure for Illinois on
Q: Is it legal to sell your house to avoid foreclosure?
Jeremy Wang
Jeremy Wang answered on Sep 1, 2018

You can always sell your home if you own title to it. The question becomes whether you can afford to satisfy your financial obligations to any creditors holding liens against the title of your home.

1 Answer | Asked in Foreclosure for Illinois on
Q: If I don't want to contest the foreclosure proceedings that I'm named in in Illinois, do I have to file an answer?
Robert J. Walinski
Robert J. Walinski answered on Jan 5, 2018

Provided that you do not wish to retain whatever interest you have in the property, no. You will be defaulted and your interest foreclosed. Of course if the complaint seeks a personal deficiency against you as the mortgagor you would probably want to file an appearance and answer.

1 Answer | Asked in Civil Rights, Consumer Law, Foreclosure and Landlord - Tenant for Illinois on
Q: Tenant right on a house being sold as foreclosure on auction.com

We have been renting a house with no lease, on month to month bases. My neighboor told me it's being sold. I went online and it does say house will be auctioned 13/18. I never got any notice or warning about this from my landlord or anybody. What are my rights in this situation? How long do I have... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 1, 2018

My general advice to people in your situation is to start looking for a new place immediately. Even if a buyer at auction takes title subject to your rights as a tenant, he or she can give you notice at any time that your lease expires at the end of the calendar month following the one in which... Read more »

2 Answers | Asked in Foreclosure, Civil Litigation and Probate for Illinois on
Q: What form do I need to file in order to be added to a forclosure case, and speak on behalf of the heirs/ defendants

My grandmother passed and the family wasn't aware of the forclosure. My mother's name is also on the deed. My grandmother never took her off before she died.

Ray Choudhry
Ray Choudhry answered on Dec 18, 2017

Did the grandmother put the mother's name on house after she took out the mortgage.

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2 Answers | Asked in Foreclosure, Real Estate Law and Workers' Compensation for Illinois on
Q: In Il, can a wc settlement be leined for a foreclosure when seperated from spouse & not on the mortgage?

Been seperated 3 years and haven't lived in house that long. Ex spouse stopped paying on mortgage and I was never on the mortgage. I am permanently disabled on SSDI.

James G. Ahlberg
James G. Ahlberg answered on Dec 10, 2017

No. Illinois law forbids liens on workers' compensation awards other than claims of the Illinois Department of Healthcare and Family Services for reimbursement of its expense in paying medical bills related to the injury and attorney fees for the attorney who handled the injured party's case. If a... Read more »

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1 Answer | Asked in Foreclosure and Divorce for Illinois on
Q: Is my spouse responsible for a debt I had before we were married such as a mortgage loan that's only in my name

I obtained a mortgage in 2008. The property has been in my name solely since February 2014 as my ex husband signed a quit claim deed to the property. His name was never on the mortgage loan. I remarried in April 2014 and my current husband's name is not on the deed or the mortgage and never has... Read more »

Robert J. Walinski
Robert J. Walinski answered on Oct 9, 2017

No he is not liable for the underlying mortgage debt. The mortgagee has in all likelihood named him because he is an occupant. That gives him an interest in the property. Naming him and obtaining jurisdiction over him gives the foreclosure court the ability to extinguish that interest.

2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Illinois on
Q: Im renting this home from this lady and the house is foreclosed but the lady say I have to move what can I do

I gave her 1st month rent and security deposit and now she come to me telling me I have a week to move because she has some one that's going to pay her more money. She never gave me a lease but I have rent receipt . She said I have to be out by next week!! I'm a single mother with 4 children I... Read more »

Cheryl Powell
Cheryl Powell answered on Jun 10, 2017

I don't know where u live. U need to call legal services in your area. This is a landlord/tenant problem, not a criminal problem.

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1 Answer | Asked in Foreclosure for Illinois on
Q: My home went into foreclosure & was bought by Owen, the mortgage holder

Before my May 20th deadline, they gave me a couple more months to move. Last week, a lawyer left a letter in my door for me to sign saying I should be out by June 7th. I did not sign. I tried to call him & left a message telling him Ocwen already told me I had a couple more months to move. He never... Read more »

Robert J. Walinski
Robert J. Walinski answered on Jun 6, 2017

There is not enough information to answer this question definitively. The May 20th deadline could be an order from the foreclosure proceeding to vacate, a date set in an eviction proceeding, or a date imposed by the lender. Unless the deadline is pursuant to some court order there is very little... Read more »

2 Answers | Asked in Criminal Law, Foreclosure and Family Law for Illinois on
Q: Can my ex call the cops to take my son from me?

She doesn't allow me to see him unless it's up to her no court or visitations set.

Cheryl Powell
Cheryl Powell answered on Jun 5, 2017

Go to court and get a court order.

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1 Answer | Asked in Foreclosure and Real Estate Law for Illinois on
Q: Hello, I am being asked to pay a lien from last owner. Need help to avoid foreclosure!

I purchased a house last year in DuPage county sheriff's auction. At the time judge sent notices to stakeholders to respond and since no one responded in a timely manner, judge turned the title to my name. Now, a year later, a lender is coming after me and is threatening to foreclose on property... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 4, 2017

The quick and easy way to get to the bottom is to have a title company do a title search.

2 Answers | Asked in Family Law, Foreclosure and Probate for Illinois on
Q: State has Lein on home! How long do we have to get things out after the occupant passes away
Ray Choudhry
Ray Choudhry answered on May 20, 2017

Question is unclear.

State has lien. What kind of lien.

How long to get things out after occupant dies. How are you connected to the deceased. Did the deceased own or rent.

Has an estate been opened.

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1 Answer | Asked in Foreclosure for Illinois on
Q: In order for a house to go into foreclosure does it have to go before a judge?
Ray Choudhry
Ray Choudhry answered on May 5, 2017

Foreclosure may require more than one court order.

Court orders are signed by judges.

1 Answer | Asked in Foreclosure for Illinois on
Q: What is a right of redemption and does Illinois have it?
Robert J. Walinski
Robert J. Walinski answered on Apr 29, 2017

It is the right to pay the balance of the mortgage. If the lender is paid in full , there is no mortgage left to foreclose. 735 ILCS 5/15-1603 provides that this right expires 7 months from the date all mortgagors have been served or 3 months after the entry of a judgment of foreclosure and sale,... Read more »

1 Answer | Asked in Collections and Foreclosure for Illinois on
Q: Does this mean I can put a lien on a house that i have done work on so if foreclosed on the bank has to pay first?

The person living in the home has not paid me yet. The house is close to being foreclosed on, so I'm wanting know if this clause would make the mortgage company liable to pay me, as I've replaced all water lines do to freezing and breaking, and put all New floors in and restabelized all the... Read more »

Robert J. Walinski
Robert J. Walinski answered on Apr 29, 2017

Foreclose could be translated as "wipe out". The mortgagee foreclosed in order to wipe out all liens with less priority in the property than its own. Generally any lien attaching to the property after the mortgage is recorded has less priority. Only if the property sells for a surplus (an amount... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law, Family Law and Foreclosure for Illinois on
Q: How long do I have to get out of my home after I file bankruptcy and give the state my home.
Doug Allen Bernacchi
Doug Allen Bernacchi answered on Mar 30, 2017

Until you get evicted...that is the simple answer.

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1 Answer | Asked in Foreclosure for Illinois on
Q: my home has been in foreclosure since 2014. In July it was published in the paper with a 30 day notice.Now almost Oct,

I was not served papers for foreclosure, so it was published in paper starting in July the 30 days is way over due.Does it mean I have more time?

Leonard R. Boyer
Leonard R. Boyer answered on Oct 25, 2015

You need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. The lenders all have attorneys, and the only way that your case will be taken seriously by them is by retaining an experienced mortgage foreclosure defense attorney. The defenses to... Read more »

1 Answer | Asked in Foreclosure for Illinois on
Q: If my house is foreclosed can they garnish my monthly pension I receive (husband deceased)? I'm 76 years old.
Timothy J. Deffet
Timothy J. Deffet answered on Aug 3, 2012

Take a look at illinoisprobono.org. This is taken from their website:

Debt Collection: Exemption Rights

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Author: Attorney Desk Reference Manual

Last updated: August 2010

Money and Property Exempt From Judgments (Exemption...
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