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Friday, June 24, 2011

Illinois Foreclosure Law




Only Judicial foreclosures are allowed in state of Illinois.

What is the processing period for foreclosure Illinois?
Processing period is 210 days in Illinois.

Is there any right of redemption in Illinois for foreclosure?
No, Illinois does not offer right of redemption.

Are deficiency judgments permitted in Illinois?
Deficiency judgments are permitted in Illinois.

Which law provision governs foreclosure in Illinois?
It is found in 735 ILCS 5/Art XV.

What happens during Judicial Foreclosure in Illinois?
First lender needs to send a notice to the borrower at least 30 days before the courts judgment of foreclosure. If court agrees with lender, it issues notice of sale with terms and condition of the sale. It should meet the minimum standard provided in the Illinois Statutes. The notice should be published in legal and real estate section of local newspaper once a week for three weeks. The last notice should be published minimum 7 days before the sale. The sale is conducted by the sheriff or any judge within the county where the property is located.

What happens during the Deed in Lieu of Foreclosure?
In this type of foreclosure, borrower simply has to give deed to the lender and his interests in the property securing the deed will be terminated. If lender accepts the deed, no deficiency judgments can be issued against the borrower afterwards.

What happens during the consent foreclosure?
In this type of foreclosure, court gives a judgment by which lender gets all rights related to title of the property. After this type of foreclosure, lender should not file for a deficiency judgment.
This is legal information; it should not be treated as legal advice.
(ArticlesBase SC #226493)
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