Residential Foreclosure FAQs
NOTE: This information is provided as general guidance and should not be interpreted as legal advice.
Q: How does the foreclosure process work in DuPage County?
A: Following is a typical timeline of events:
- You fail to make your mortgage payment.
- Your lender sends you a notice informing you of default and possible options for preventing foreclosure
- You miss your third mortgage payment - lender sends notice of default and intent to foreclose
- Lender's attorney files foreclosure complaint with DuPage County Court intending to foreclose, usually within 30 days
- You receive notice from the court by being served with a complaint to foreclose (via U.S. mail)
- Within 30 days of service, if you do not file an answer with the court, lender's attorney will file a motion for default or summary judgment
- Approximately three months later judgment of foreclosure is entered and sale is scheduled
- Judicial sale (7 months after service of complaint or 3 months after judgment by court, whichever is later)
- 15 days later, confirmation of sale by court order
- Homeowner's right to possession expires 30 days after confirmation
- Eviction by sheriff
The entire legal process typically takes 9 months.
Q: I received a complaint to foreclose from the Court . What should I do next?
A: Do not ignore communication from the courts. It is important that you file an answer. Please contact the Clerk of the 18th Judicial Circuit Court for further information.
It is advisable to consult an attorney to discuss your options. If you don't have a family attorney, you may contact the DuPage County Lawyer Referral Service at http://www.dcba.org or (630) 653-9109.
Q: I've tried to work with my lender/servicer, but I'm not getting a response. What can I do?
A: Keep complete records of all contacts with your lender/servicer, including fax receipts, copies of correspondence, copies of emails and a phone log of any conversations that includes the date and time of the call, the name of the person with whom you spoke and a summary of the issues discussed. Bring this information to court and share it with the judge on your scheduled appearance date. You also can contact a HUD-certified housing counseling agency like the DuPage Homeownership Center or you can contact Prairie State Legal Services (contact information is listed below) to inquire if they might be able to assist you.
Q: My lender/servicer has rejected my application for a modification. What can I do?
A: You can contact a HUD-certified housing counseling agency like the DuPage Homeownership Center or you can contact Prairie State Legal Services (contact information listed below) to see if they can review the situation and offer general guidance regarding your options.