House & Apartment

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The Big Picture

If you don't pay your mortgage payments, your bank or loan servicing company can file a lawsuit to sell the property. This is called a foreclosure case.

The bank or loan company asks…

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If you get a Summons and Complaint telling you that you are being sued for mortgage foreclosure, do not hide it or throw it away. You do not have to move out of your home immediately, and you may have options to avoid foreclosure. Foreclosure proceedings take several months and you may have options to save your home. Only the judge can order you to move out of your home. Foreclosure mediation is available in some counties in Illinois. If mediation is available in your county, there will be information included with the Summons about how to participate.

Fill out and sign the below forms. Make at least 3 copies of each form when you are done.

• Appearance and Answer for mortgage foreclosure: The Appearance tells the court and the other party that you are participating in the court case on your own without a lawyer. The Answer lets you respond to what the mortgage company said in the complaint.

Note: Before you fill out and file your Answer, talk to an attorney about filing a Motion to Dismiss if you have a legal reason to have the complaint dismissed or a Motion to Quash if you have a legal reason to challenge the service of process, which is the way you received the court papers.

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website.

If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption.

You must file all of the forms within 30 days of receiving the Summons and Complaint.

If you do not file an Answer, the bank will ask the judge for a default judgment and judgment of foreclosure. The judge may give you more time to file your Answer at the first court date, but it is not guaranteed. If the judge orders a foreclosure against you, you could lose your home.You should attend all future court dates in order to know what is going on in your case.

After you file your forms, you need to take the following actions:

• Send a copy of your stamped Appearance and Answer forms to the mortgage company’s lawyer. You can find contact information for the lawyer on the bottom of the Complaint and Summons you received. You should also send a copy of your stamped Appearance and Answer forms to any party that has filed an Appearance or their attorney if the party is being represented by an attorney.
• Send the copies in the way you said you would on the Answer form, whether that was by hand delivery, by mail, or by email.
• Send the copies of your forms by 5:00 PM on the same day you file them with the circuit clerk.
• Keep one copy of each court stamped form for your records.