The People’s Advocates attorneys have been representing clients in foreclosure cases since 2009. If you have received a notice from your lender of an intent to foreclose, time is of essence and it is imperative that you contact an experienced attorney for help. In most cases involving residential property, a mortgage foreclosure case will usually be filed after the homeowner is at least 120 days delinquent on the account. In cases involving a commercial property, a mortgage foreclosure lawsuit may be filed after the account is delinquent for 30 days. There are several issues that must be investigated on an immediate basis to help you fight to save your home or your real estate investment. With years of experience in the foreclosure process, our legal team has a range of strategies that we could employ based upon your individual situation.
In Illinois the law requires that a lender foreclose its mortgage in a judicial proceeding (i.e. law suit filed with the state circuit court or the federal district court). Various defenses may be available in a mortgage foreclosure, including plaintiff’s failure to comply with various notice requirements of the Illinois Mortgage Foreclosure Law or the deferral regulations and incorrectly drafted or filed foreclosure complaint or other court filings. Sometimes the best defense in a mortgage foreclosure case is a really good offense and suing the lender and/or servicer can have a powerful impact when it comes to resolving the case through a settlement. Defendants in mortgage foreclosure cases may have grounds to sue their lenders and/or loan servicers for predatory lending tactics, violations of the Fair Debt Collection Practices Act (“FDCPA”), violations of the Truth in Lending Act (“TILA”), violations of the Real Estate Settlement and Procedures Act (“RESPA”) or violations of the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”). Finally, a loan modification and Chapter 13 bankruptcy should be always considered as potential solutions to a mortgage foreclosure or as tools in dealing with a mortgage foreclosure.
Contact our office at (847) 954-2300 or email us at [email protected] for a consultation concerning your pending or potential mortgage foreclosure.
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