What Should You Know About the Foreclosure Process?

 Posted on January 29, 2026 in Real Estate

As of 2026, Illinois continues to use a judicial foreclosure system, which means lenders must go through the court process before a home can be sold. Many homeowners worry about losing their home without fully understanding what the process involves or how much time they may have to respond.

Foreclosure is becoming more common. In 2025, nationwide data showed more than 367,000 properties entered foreclosure. This trend has left many Illinois homeowners searching for clear answers. Our Cook County, IL real estate lawyer can help explain what to expect and what options may still be available.

What Should You Know About the Foreclosure Process in Illinois?

Foreclosure in Illinois does not happen overnight. It begins when a homeowner falls behind on mortgage payments, and the lender files a lawsuit in court. Because Illinois is a judicial foreclosure state, a judge oversees the case from start to finish.

This process gives homeowners time to respond and raise defenses. You can explore alternatives like loan modification or repayment plans. Knowing the basic steps can reduce stress and help avoid missed deadlines.

How Does Foreclosure Start in Illinois?

Foreclosure usually starts after several missed mortgage payments. The lender files a foreclosure complaint and serves the homeowner with legal papers.

Under the Illinois Mortgage Foreclosure Law, lenders must follow specific rules about notice, service, and court filings. Homeowners have the right to file an appearance and answer the complaint. Ignoring these papers can cause the case to move faster than expected.

How Long Does the Foreclosure Process Take in Cook County?

Foreclosure timelines vary, but the process often takes many months and sometimes more than a year. Court schedules, responses from the homeowner, and whether the case is contested all affect timing.

Illinois law provides important time protections. Under 735 ILCS 5/15-1602, homeowners generally have the right to reinstate the loan by paying past-due amounts within 90 days after being served. In some cases, there may also be a redemption period that allows the homeowner to pay off the loan before the sale.

What Happens During a Foreclosure Lawsuit?

Once the lawsuit is filed, both sides have the opportunity to present information to the court. The lender must show that the loan is in default and that it has the legal right to foreclose.

During this phase, homeowners may raise defenses, question paperwork, or seek additional time. Some cases move toward resolution through modification or agreement, while others proceed to judgment. A foreclosure judgment allows the property to be scheduled for sale, but further court steps are still required.

What Happens at a Foreclosure Sale in Illinois?

If the case reaches the sale stage, the property is sold at a public auction. The sale must follow strict court procedures and notice requirements.

Under 735 ILCS 5/15-1507, the court must confirm the sale before ownership changes. Homeowners may still have limited rights during this phase, including objecting to the sale if legal rules were not followed.

Will Foreclosure Affect You After the Sale in Illinois?

Foreclosure can have lasting effects beyond losing a home. These may include damage to credit, challenges in finding future housing, and possible financial exposure in certain situations. These consequences can vary depending on how the foreclosure ends and whether any debt remains unpaid.

For example, some homeowners may face a deficiency balance if the sale does not cover the full loan amount. Others may experience longer recovery timelines or added difficulty qualifying for future housing or financing. Understanding these consequences early helps homeowners plan and make informed decisions.

Schedule a Free Consultation With Our DuPage County, IL Foreclosure Defense Attorneys

Foreclosure is a legal process. Having strong representation can make it less intimidating. An experienced lawyer can explain your rights, communicate clearly, and help you feel more comfortable during a stressful time.

At Whitacre & Stefanczuk LTD, we run an intimate practice where communication is a priority. We want clients to feel comfortable, so we treat them like family. Attorney Stefanczuk has been active in the Polish community for more than 11 years and is a first-generation Polish attorney who speaks fluent Polish.

For guidance you can trust, call 773-622-6100 to speak with a Cook County, IL real estate lawyer about your foreclosure concerns.