Can You Be Locked Out of Your Home During Foreclosure?

 Posted on March 28, 2025 in Foreclosure

In 2024, Illinois ranked fifth for the number of foreclosures, after California, Florida, Texas, and New York. There were 13,082 foreclosure starts in 2024 across the state. A "start" means foreclosure proceedings were legally begun, but they may or may not have ended in actual foreclosure.

Illinois is a judicial foreclosure state, which means lenders must go through the courts to foreclose a property, which requires a judgment of foreclosure from a judge. Homeowners have the right to defend against that foreclosure and have the right to proper notice. If you are facing foreclosure of your home, speaking to a knowledgeable Libertyville, IL foreclosure attorney gives you the best chance of a positive outcome.  

What is the Foreclosure Process in Illinois?

A foreclosure process cannot start until about four months after the first missed mortgage payment and takes several months to complete from the time it begins. Below are nine steps typically associated with an Illinois foreclosure process:

1. During pre-foreclosure (the time between the first missed payment and 120 days from the first missed payment), homeowners can attempt to find an alternative to foreclosure, including a deed-in-lieu of foreclosure, a short sale, a loan modification, or forbearance.
2. The lender files a foreclosure complaint against the homeowner 120 days from the first missed payment.
3. The homeowner receives a copy of the complaint and a summons, and then is given 30 days to respond.
4. If the homeowner fails to respond within the given timeframe, a default judgment will be entered by the court, and the lender has the right to sell the house. If the homeowner does respond, the case moves to trial, where both sides will be given an opportunity to present their case.   
5. At this point, if the homeowner pays the amount owed (principal, interest, fees, and expenses), the foreclosure is resolved. The homeowner has the right to redeem the delinquent mortgage for either seven months from when he or she first received the summons or three months from the date of the foreclosure judgment.
6. Following a foreclosure judgment, the lender can sell the home in a foreclosure sale, but only after notice is provided to the homeowner and published in a local newspaper for three consecutive weeks before the intended sale.
7. Following the foreclosure sale confirmation, the homeowner has a right of redemption that can be exercised if the property was bought back by the lender rather than by a third party or if the price paid by the lender was less than the amount required to redeem the property.  
8. If the property is sold under a foreclosure sale, the court will review the entire matter to ensure everything was done according to Illinois foreclosure law. At this point, the court will enter an eviction notice that could be applicable as soon as 30 days from the sale. After these 30 days are up, the locks on the house could be changed to keep the homeowner from entering the premises.
9. The purchaser of the property has the right to evict the homeowner 30 days after the foreclosure sale. If the homeowner refuses to leave, the sheriff’s office will evict the homeowner, and the locks will be changed. Some Illinois counties have special rules about evictions during severe weather, between December 19th and January 4th, or when the temperature is below 15 degrees.    

Homeowners in Illinois who are facing foreclosure proceedings usually have from six months to a year from the first missed mortgage payment to when they may be locked out of their home and evicted.

Contact a Lake County, IL Foreclosure Defense Lawyer

If you are facing foreclosure, you need knowledgeable legal help quickly. A North Chicago, IL foreclosure defense attorney from Newland & Newland, LLP is ready to help you through this difficult time. Our attorneys are local to Illinois and have decades of experience between them. We always put our clients and communities first. One of our attorneys has served on the Board of Directors of the Illinois Real Estate Lawyers Organization and the Real Estate Committee of the Lake County Bar Association. Call 847-549-0000 to schedule your free consultation.