Hoffman Estates Foreclosure Lawyers

Find the right Foreclosure attorney in Hoffman Estates, IL

Foreclosure Law in Illinois

In Hoffman Estates, 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 normally involves a home that was purchased with a mortgage from a bank. The bank will normally 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.

In all states in the U.S., including Illinois, borrowers have the option of foreclosure by judicial sale. This permits a court to oversee the sale of the property by the bank. The purpose of this is to get the house to sell for the highest price possible. While this might seem like something that would only benefit the bank, it is also a great benefit to the borrower, since it increases the likelihood that the sale will encompass the full balance of the mortgage, preventing them from having to pay it.

In some states, original mortgages are recognized as "non-recourse" loans, making the above problem a non-issue. This essentially means that once the mortgaged property is sold by the lender, the debt is discharged, even if the sale nets less than the remaining balance on the mortgage. The borrower will simply have to write this off as a loss. However, this usually does not apply to refinanced or second mortgages.

How to Possibly Avoid Foreclosure in Hoffman Estates, Illinois

First and foremost, you need to communicate with your lender, and not dismiss the issue. Ignoring a problem with your mortgage will not make it go away, and can only make things worse. You should be straightforward with your lender, and stay in touch with them as much as possible.

You should be mindful of the fact that your bank wants you to make your monthly mortgage payments - they likely aren't scheming to trick you into giving up your home. This isn't out of altruism, it's due to the fact that foreclosure is almost never as lucrative for the bank in the long run than a mortgage that is paid in full over a period of years or decades, with interest accruing the whole time. For a bank, a foreclosure is just a last resort to cut their losses.

If your financial situation suddenly changes, your lender may be willing to change the terms of your loan, at least temporarily, permitting for lower monthly payments. If this means that they will be able to get some money from you, with default as the alternative, it can become an attractive option for everyone involved.

Some buyers in Illinois, when none of the above options have worked, resort to a "short sale." This contains selling a house which is about to be foreclosed, normally for less than its market value. If the house sells for less than what's left on the mortgage, the homeowner is relieved of the duty to pay the balance. If you have decided that you have no hope of making your mortgage payments, and foreclosure seems inevitable anyway, this might be the way to go.

Can a Hoffman Estates, Illinois real estate attorney help?

If you are facing foreclosure in Hoffman Estates, Illinois, and want to do everything practicable to save your house, the assistance of a seasoned real estate lawyer might prove invaluable.

Talk to a Real Estate Law Attorney now!

Life in Hoffman Estates

Hoffman Estates is situated to the northwest of downtown Chicago. This Cook County city is an affluent suburb that is home to 54,000 Illinois residents. Because it's an affluent city with many attractions, many lawyers call it home. Hoffman Estates lawyers are familiar with local courts and procedures, consulting on a wide range of cases. Major industry in Hoffman Estates include the headquarters of the Sears Holdings Corporation, the ATT headquarters for the Midwest, American headquarters for Japanese machine tool manufacturer Mori Seiki, and a number of sports teams.

The Sears Centre in Hoffman Estates plays host to major indoor soccer team Chicago Storm, the Chicago Slaughter indoor football team, and Chicago Bliss lingerie football team. More recently, Heartland International Tattoo relocated to the Sears Centre. It's one of the largest music and dance festivals in the Midwest. Hoffman Estates gained prominence in the mid-1960s and early 1970s when the Centex corporation began mass producing homes on adjacent lots. The location was desirable because the Northwest Tollway opened providing direct access to Chicago's downtown businesses. Soon afterward the Woodfield Mall opened and a master planned community began construction attracting a number of corporate headquarters and tourist attractions. 

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