Legal Question in Real Estate Law in Illinois

Plaintiff wins by default.

I agree w/ Attorney Dockery with the additional thoughts that (a) this can result in a more rapid process against you, and (b) normally if a "default" is entered against you notice will go out to you, but at some point if you continue to do nothing things may happen around you and you will stop getting notices, other than perhaps an eviction notice or knock on the door from the Sheriff. Abdicating whatever rights you might have is never advisable; there are things that can be worked out in foreclosure, and sometimes the only thing is a delay or two. Time to seek counsel, including potentially bankruptcy counsel.

If you do not file, do not show, then a default judgment will be entered against you. You should get advice on the consequences based on a review of your situation specifically.

If this is your home, you are occupying it and you have not previously been in foreclosure, then it is likely that you will have several months from the date the default is entered before a foreclosure sale is set and then several weeks beyond that before you would be compelled to move. Again, however, a caution, that may not apply in all cases and you should seek legal advice.

In addition to losing the property, the concern for most borrowers is the entry of a deficiency judgment, meaning that you may be left owing money because the lender does not get enough through the sale of the property. Often, the deficiency forces debtors into bankruptcy.

If your default resulted from something temporary that is now resolved (such as the loss of a job, but now you have regular income again), then a Chapter 13 bankruptcy may be a consideration for avoiding foreclosure. Otherwise, Chapter 7 and Chapter 13 bankruptcy options should be evaluated to discharge the deficiency and other debt you have.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for December 2015 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.