Legal Question in Real Estate Law in Illinois

i received summons to a foreclosure hearing of my home in ILLINOIS. the date is set on May 6, 2010. My question is how long do i have (from that date) to possibly sell/refinance my house so i can keep it.

thx,

Seth Johnson

P.S. I do not plan on going to court


Asked on 1/07/10, 12:24 pm

1 Answer from Attorneys

John Lee John D. Lee and Associates, LLC

The entire process of foreclosure in Illinois takes, on average, from the filing of the complaint to the eviction by the sheriff, 9 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 much shorter.

When was the foreclosure lawsuit filed? When did you receive the summons?

The following outline of a typical foreclosure is:

Default on the mortgage [stop payments]

Filing of Foreclosure lawsuit by the lender

Personal Service of Summons [and answer due from homeowner within 30 days]

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)

Foreclosure Sale in Court

Foreclosure Sale Confirmed in Court

Eviction by Sheriff of homeowner and occupants

Recording of Foreclosure Deed

You should consult with an experienced local foreclosure attorney as soon as possible. This answer is a general response to a public general question, and does not constitute legal advice nor does it create an attorney-client relationship.

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Answered on 1/12/10, 1:01 pm


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