What is Foreclosure in Evanston, Illinois?

Find the right Foreclosure Bankruptcy attorney in Evanston, IL

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 Evanston, 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 Evanston, 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?

Most importantly, you must not dismiss the problem. Doing so will not make it go away, and will probably make it worse. You should stay in close contact with your bank, and be honest with them. It is critical to remember that the bank does not really want your Evanston 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 may also consider a "short refinance" which allows a portion of the debt to be forgiven, while refinancing the rest, hopefully under better terms.

How Can A Evanston, Illinois Attorney Help?

If you are faced with the possibility of foreclosure in Evanston, Illinois, an lawyer may be able to help. At the very least, he or she can advise you of your legal options.

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Life in Evanston

Evanston, Illinois is a municipality in Cook County, Illinois. It is a suburb of Chicago, and its population is estimated at about 75,000 people. Evanston is probably best known as the home of Northwestern University, which is one of the most prestigious undergraduate and graduate schools in the U.S., and home to one of highest-ranked law schools in the U.S. Evanston was officially incorporated in 1863, and grew rapidly during the industrial revolution. The popular building toys known as "Tinkertoys" were invented in Evanston, Illinois. Evanston is one of several cities which claim to be the birthplace of the ice cream sundae, though the veracity this claim, and the claims of other cities, can't be confirmed. Modernly, Northwestern University makes up a significant portion of Evanston's economic activity, from the thousands of people it employs, and the students it brings to the community, who typically spend a lot of money. If you live in the Chicago/Evanston area, and need legal representation, an Evanston, Illinois lawyer would probably be able to meet your legal needs. Evanston's proximity to such a prestigious law school, as well as the huge city right next door, ensures that Evanston, Illinois lawyers must be far more sophisticated than the average small-town attorney.

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