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Illinois

Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101. Judicial foreclosure state.

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Judicial Type

Judicial

Redemption

90 days after judgment for most residential property (735 IL

Deficiency

Lender may pursue deficiency. Court enters deficiency judgme

Mediation

Illinois has foreclosure mediation programs in some counties

Statute Citation

735 ILCS 5/15-1101 to 5/15-1706

Redemption Period

90 days after judgment for most residential property (735 ILCS 5/15-1603). 30 days if the court finds the value of the property is less than 90% of the debt and the borrower does not intend to exercise redemption rights.

Deficiency Judgment Rule

Lender may pursue deficiency. Court enters deficiency judgment as part of the foreclosure judgment. Fair value limitation: the court must consider the fair market value in determining deficiency amount.

Notice Requirements

Service of summons and complaint personally or by publication. Notice of sheriff sale published and posted. Illinois has strict procedural requirements — improper service supports motions to quash.

Mediation Program

Illinois has foreclosure mediation programs in some counties (Cook County's program is one of the largest in the nation).

Key Provisions

  • All foreclosures are judicial under the Illinois Mortgage Foreclosure Law (IMFL)
  • Board complaint must include copy of the note and mortgage
  • Standing is strictly required — plaintiff must own the note
  • 90-day redemption period from date of foreclosure judgment
  • Borrower may answer and assert affirmative defenses within 30 days of service

Homeowner Protections

  • Judicial process with full court oversight
  • 90-day post-judgment redemption period
  • Robust standing requirements
  • Foreclosure mediation programs in major counties
  • Borrower may assert all affirmative defenses including TILA, RESPA, FDCPA violations

Frequently Asked Questions

How long is the Illinois foreclosure process?+
Typically 12-18 months from complaint to sheriff's sale. Timeline: complaint filed → borrower served (within 30 days) → borrower answers (30 days) → discovery and motion practice (6-12 months) → judgment → 90-day redemption period → sheriff's sale. Contested cases take longer. The 90-day redemption period runs FROM the date of judgment, and the borrower may remain in the property during this period.
Can I stop the foreclosure by selling my home during the redemption period?+
Yes. During the 90-day redemption period, you may sell the property or refinance and pay off the judgment amount to redeem. The redemption amount is the total judgment (not the auction sale price, since the sale hasn't happened yet). After the 90 days, the sheriff's sale occurs and the property is sold to the highest bidder. You cannot redeem after the sheriff's sale is confirmed.
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