Illinois · Judicial state · 735 ILCS 5/15-1101

Illinois counts everything from the day you were served.

A lawsuit, a judge and a docket — and three deadlines that mostly run from the date the summons reached you, not the date you fell behind. Ninety days to reinstate by paying only the arrears. Seven months to redeem. Thirty days to answer, which is the one that decides whether anybody ever checks the numbers.

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When you first fell behind.

Local pace is the variable.

Past steps fade out.

FHA and VA add steps.

A tenant gets 90 days under federal law.

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Reinstatement is an Illinois right that is easy to miss: for 90 days after you are served you can cure by paying only the arrears plus costs, and the case must be dismissed. Ask for the figure in writing the same week.

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Step one

Make the call.

Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.

What to say

“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.

What to have ready

Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.

Write everything down

Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.

Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

What Illinois gives you

Rights that exist because the property is in Illinois, whatever a servicer tells you on the phone.

Free, today, no catch

Where to get real help, free

A housing counselor shaking hands with a homeowner at a kitchen table
A free counselor can read your papers with you before any deadline.

Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.

HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.

A white envelope on the floor just inside a front door
The letter that lands inside your door starts a clock, so open it the day it arrives.
Status of this page

Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a Illinois foreclosure attorney confirm anything that matters before you act.

Questions people ask about Illinois foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Illinois?

With no delays or disputes, the calculator puts an Illinois foreclosure at roughly 491 days from the first missed payment to the judicial sale in Cook County, and somewhat less in most other counties. Illinois is a judicial state, so the lender must file suit, serve you and obtain a judgment, and the redemption period must expire before any sale can be held.

Is Illinois judicial or non-judicial?

Illinois is a judicial foreclosure state. Nobody can sell your home without filing a lawsuit in the circuit court, serving you, obtaining a judgment of foreclosure, and then having a judge confirm the sale afterwards.

How long do I have to respond to a foreclosure summons in Illinois?

Thirty days from the date you were served, not counting the day of service, under Illinois Supreme Court Rule 101(d). Missing it lets the lender take a default judgment, after which the court decides only how much you owe rather than whether you owe it.

Can I reinstate my mortgage in Illinois?

Yes. Under 735 ILCS 5/15-1602 you may cure the default by paying only the arrears plus costs within 90 days of being served, and the foreclosure must then be dismissed. You do not have to pay the accelerated balance. Once a court expressly finds you reinstated, the statutory right is unavailable for five years.

Is there a redemption period in Illinois?

Yes, and it runs before the sale rather than after it. Under 735 ILCS 5/15-1603 the redemption period ends on the later of seven months from the date you were served or three months from the entry of the judgment of foreclosure. If a court finds the property abandoned it collapses to 30 days after judgment, and it can be as short as 60 days after judgment where the home is worth less than 90% of the redemption amount and the lender waives any deficiency. To redeem, send the lender's attorney written notice at least 15 days (not counting weekends or court holidays) before the date you pick.

How long can I stay in my home after a foreclosure sale in Illinois?

The order confirming the sale awards possession to the buyer only as of the date 30 days after the order is entered, under 735 ILCS 5/15-1508(g). The sheriff enforces the order, and how soon that happens varies by county.

Can a condo association take my home in Illinois without foreclosing?

Yes. Under 735 ILCS 5/9-102(a)(7) an Illinois condominium association may file an eviction action for possession of your unit over unpaid assessments and lease it out for up to 13 months at a time, without ever foreclosing. You keep the title throughout. To get it back you must pay the amount the court finds due, stay current on later assessments and file a motion to vacate the order, and if the unit has been leased out you get it back when that lease ends.

Last verified: October 18, 2026. Every deadline and citation on this page was checked against Illinois law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.

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