Chicago Foreclosure Lawyers

Find the right Foreclosure attorney in Chicago, IL

Foreclosure Law in Illinois

In Chicago, Illinois, foreclosure is a legal process through which an entity which has issued a mortgage takes possession and/or ownership of the property that secured the mortgage, because the individual who took out the mortgage has consistently failed to make payments on it. The property in question is usually a house.

If an ordinary consumer faces foreclosure, it usually involves a home that was purchased with a mortgage from a bank. The bank will usually try to sell the house at a public option, with the hope of at least covering the remaining debt, to avoid taking a large loss.

Like every other state in the U.S., Illinois allows homeowners facing foreclosure to opt for a foreclosure by judicial sale. This is a procedure through which a court oversees the sale of the house by the lender. The purpose is to see that the lender takes reasonable steps to notify the public of the auction, and other steps to ensure that the house sells for the highest price possible. This is meant to protect the borrower, making it less likely that they'll have to pay a large deficiency judgment (the remaining amount due on the mortgage if the house sells for less than the remaining balance).

In a large number of states, but not all of them, mortgages are a type of loan known as a "non-recourse loan." While the regulations governing these loans are complex, it most essentially means that, once the house is sold, and the sale price doesn't cover what the borrower owes, the lender can't go after the borrower for the remainder. They simply have to take the loss.

How to Possibly Avoid Foreclosure in Chicago, Illinois

Communication between you and your lender is perhaps the most significant way to prevent foreclosure. Ignoring the issue is guaranteed to be counterproductive. Honesty is the best policy when it comes to dealing with lenders.

You should remember that the bank doesn't really want your house. They completed a mortgage hoping to make a profit from interest, and that's what they'd much rather do. They aren't in the business of buying and managing real estate. Therefore, banks will sometimes go to surprising lengths to accommodate your financial hardship, especially if it's temporary.

If you experience a sudden change in your financial situation, your lender, in an effort to keep you from defaulting, might be willing to accept lower monthly payments, at least temporarily.

Lastly, there is the "short sale." Usually considered a last resort, a short sale results in the borrower losing their home, but discharges almost all of their remaining mortgage debt. If the house is worth far less than the balance of the mortgage, this might be a good choice. In Illinois, when a house is sold in a short sale, the proceeds go to the lender. If it sells for less than the mortgage balance, whatever's leftover is forgiven. If it sells for more, the surplus goes to the homeowner.

Can a Chicago, Illinois real estate attorney help?

If you live in Chicago, Illinois and believe that your house is in danger of being foreclosed, you may have more options and protections than you think. You may not know what all of them are, but an experienced real estate lawyer probably will.

Talk to a Real Estate Law Attorney now!

Life in Chicago

Many people often think of Chicago as a mini-New York City with nicer people. Chicago in fact is a large city with a lot to offer tourists, include warm and friendly hospitality.

Popular attractions in Chicago include Willis Tower Skydeck, Millennium Park, Navy Pier, Lincoln Park Zoo, Art Institute of Chicago, Wrigley Field, Grant Park, and the Magnificent Mile. Additionally, Chicago is home to many great restaurants. In fact, the style of deep-dish pizza originated in Chicago.

If one would like to catch a Broadway show, they can at Broadway Theater. Famous universities such as Northwestern University and the University of Chicago also have wonderful, historical campuses that tourists often enjoy touring.

Being such a well-known city, many firms have office locations in Chicago, Illinois. Firms such as Baker McKenzie, Sidley Austin, Mayer, Brown Platt, and Winston Strawn have large offices that employ brilliant attorneys. Additionally, many small and mid-size firms are also present in Chicago. All in all, residents of Chicago have no need to worry for any legal inquiry of theirs can be handled by the legal force in Chicago.

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