Foreclosure Defense

Illinois Foreclosure Defense Attorneys

When you fall behind on your mortgage payments, you face the possibility of foreclosure. In Illinois, the foreclosure process is a judicial process, in which the lender has to go to court and file a foreclosure lawsuit.  You have to opportunity to fight a foreclosure in court. This can stall the process to allow you more time or prevent the foreclosure if you have valid legal defenses. At Newland & Newland, LLP, we help defend homeowners against foreclosure. Our attorneys work with you to devise the best strategy to keep your home.

The Foreclosure Process

The foreclosure process in Illinois is fairly straightforward and occurs in this order: 

  • The homeowner fails to make mortgage payments.
  • The lender sends a notice informing the homeowner that it intends to begin foreclosure proceedings.
  • The lender files a foreclosure lawsuit.
  • The homeowner is served with notice of the lawsuit.
  • The homeowner has the opportunity to file a response to the lawsuit.
  • A judge enters a judgment of foreclosure which allows the property to be sold at auction.
  • An auction is held to sell the home.
  • Then judge then approves the sale in a court proceeding where a deficiency judgment may be entered allowing the lender to pursue the borrow for damages.
  • The homeowner is evicted.

Bankruptcy is one way that homeowners can interrupt the foreclosure process as an automatic stay is initiated as soon as a bankruptcy is filed. Our bankruptcy attorneys can discuss both Chapter 7 and Chapter 13 bankruptcy options with you to determine if this is a viable option in your situation.

Foreclosure Defense Strategies

Determining the best way to defend foreclosure requires an examination of your financial circumstances and the terms of your home loan. There are many effective foreclosure defense strategies. For example, violations relating who really owns your loan, violations of the Truth in Lending Act (TILA),  a robo- signing issues. There are also defenses related to violations of the Real Estate Settlement & Procedures Act (RESPA), predatory lending issues, and the Unfair and Deceptive Trade Practices Act. Our attorneys are familiar with all types of foreclosure defense strategies and will explore every opportunity to defend your case.

If you are facing foreclosure or the possibility of foreclosure, contact us to schedule a free consultation to discuss your options. We will work with you to develop an effective foreclosure defense and help you through this challenging time. Our firm has six offices around the Chicago Area and we serve Cook County, Lake County, DuPage County, McHenry County, Kane County, and Will County.

  • Newland & Newland LLP, Attorneys, Arlington Heights, IL
  • Lawyer.com