What is Foreclosure in Des Plaines, Illinois?

Find the right Foreclosure Bankruptcy attorney in Des Plaines, IL

  • /10
  • Client Overall
    Satisfaction Rate*
*TrustPilot score as of 010118

Find Lawyers

Foreclosure is the legal procedure by which the lender in a mortgage arrangement takes possession of the property (usually a house) that secured the loan. This is done when the Des Plaines, Illinois debtor has repeatedly failed to make their payments. When a house is foreclosed, it is usually sold at auction shortly thereafter. This is because banks usually want to get rid of the property as soon as possible, even if it means losing some money, and an auction is an simple way to do this.

In all states in the U.S., including Illinois, foreclosure by judicial sale is allowed. Under this system, the sale is overseen by a court of law, to ensure that the bank makes a good effort to get a reasonable price at the auction, and that any proceeds above the balance of the mortgage go back to the borrower. In numerous states, original mortgages (as opposed to refinanced loans) are "non-recourse" loans, meaning that the most the lender can collect is whatever the foreclosed property sells for. The bank cannot go after the debtor for the balance, if the sale nets less than the amount due. You should consult an Attorney in Des Plaines, Illinois to learn the details of the law here. You should also know that this rarely applies to loans that have been refinanced.

How Can I Avoid Foreclosure in Illinois?

First and foremost, you should not dismiss the possibility of foreclosure. Failing to respond to collection calls from your lender will not make the problem go away. As unpleasant as this may seem, you should stay in contact with your creditor, and be honest with them. It is important to remember that the bank does not really want your Des Plaines house - they expected to make a profit through the interest on your loan, and that's what they'd prefer to do. Accordingly, they will probably make reasonable accommodations to your financial situation if it means that you will be able to make some form of payment to them.

If you can't work anything out with your lender, or have become totally unable to make any mortgage payments, a "short sale" might be a good option. This allows you to sell your house for whatever price it can get, and hand the proceeds over to the lender. If the sale price is less than the balance of the loan, the rest of the debt may be forgiven. You could also consider a "short refinance" which allows a part of the debt to be forgiven, and lets you refinance the rest.

How Can A Des Plaines, Illinois Attorney Help?

If you are facing the possibility of foreclosure, a good Des Plaines, Illinois real estate Lawyer can help. At the very least, they will be able to inform you of your legal options.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Des Plaines

Des Plaines, Illinois is a community in Cook County, with a population of about 60,000 people. It is a suburb of the city of Chicago.

Des Plaines, Illinois enjoys a fairly high median household income, and a low cost of living, with the median income being about ,000 per year, and average home prices being around ,000.

Des Plaines, for a city its size, has a robust network of educational institutions, including a community college, and several specialized high school-level institutions, such as one focusing on fostering excellence in science and the arts, and private religious schools of various denominations.

Des Plaines, Illinois is a religiously-diverse city, and has several churches of different Christian denominations, as well as a Jewish temple, and an Islamic community center.

Des Plaines, Illinois is a good place to live for people who value diversity, especially those who work in Chicago, or the surrounding area. Its close proximity to city of Chicago, and its low cost of living, make Des Plaines a good option for young professionals who are ready to settle down.

Furthermore, there are plenty of Des Plaines, Illinois lawyers who are ready to help residents of the city and nearby communities with their legal issues. Des Plaines, Illinois lawyers can handle just about any legal problem one can throw at them.