Often, homeowners are unable to provide a large enough payment to catch up on a mortgage. If you are a homeowner who is facing foreclosure, you should retain an attorney to defend you and assert your rights. Our founding attorney, Raj Jutla, worked for the largest foreclosure firm in the Midwest at the height of the 2008 economic downturn. He represented the largest banks and financial institutions in the country. Now, he uses his extensive litigation experience and deep understanding of opposing strategies to help homeowners fight foreclosures. If you are a homeowner who needs a Cook County foreclosure defense lawyer, you should consult Jutla Legal, LLC. We also represent clients in Lake, DuPage, Kane, and McHenry Counties. Mr. Jutla has been for his exemplary service to homeowners facing foreclosure in Lake County in 2014.Foreclosure Defense
Illinois creditors may foreclose on real estate under the Illinois Mortgage Foreclosure Law. A foreclosure is a judicial proceeding in which a lender files a complaint against a homeowner for not paying the mortgage. The complaint will ask the court to permit the lender to possess your property as a remedy. The foreclosure complaint should be served on you. You will have 30 days to respond. The complaint should also be served on anyone with a recorded lien on the property, such as a junior mortgage holder, along with any tenants.
You can stop the lender from obtaining a default judgment by filing an answer with the court. It is wise to retain an attorney who can file an answer that raises issues and can make discovery requests. A foreclosure may slow down when a foreclosure defense attorney in Cook County or the surrounding areas defends against it. If no answer is filed, a default judgment will be taken. The lender is likely to proceed to a summary judgment if only an answer is filed and no issues are raised. Some foreclosures go to trial. If the lender obtains a judgment, it gets permission to hold a foreclosure sale.Reinstatement Before Sale
You may be able to use reinstatement before sale. With reinstatement before sale, you pay the entirety of the arrearage to address the loan delinquency. You will also need to pay costs and fees. Under Illinois law, you can reinstate a loan for up to 90 days after you have been served with a foreclosure complaint. However, you may be able to reinstate at any point before sale.Redemption Before Sale
Another potential strategy for foreclosure defense is redemption before sale. With this approach, you can elect to pay off the debt during the redemption period. The payment should include the principal balance, as well as costs and interest. The foreclosure sale cannot be held until after the redemption period expires. It expires either three months from the date of judgment or seven months after the complaint is served. The redemption period can be limited to 30 days from the date of judgment if you have abandoned the property. A Cook County foreclosure defense attorney can advise you on this option.
Additionally, there is a 30-day special right to redeem after the date when the sale is confirmed when the mortgage holder was the buyer at the foreclosure sale, and the sales price fell below the total debt owed.Standing
In some cases, it is appropriate to defend against a foreclosure by raising the plaintiff’s “standing” to foreclose. If you do not properly raise standing, it will be waived as a defense. We will determine whether there are issues of standing by looking at the endorsements on a loan document, along with assignments of the mortgage.TILA and HOEPA Violations
You may be able to raise violations of the Truth in Lending Act (TILA) or the Home-Owner Equity Protection Act (HOEPA) as a defense at any point. TILA and HOEPA were enacted to halt abuse in refinances and closed-end home equity loans with high fees or interest rates. Various remedies may be appropriate. One of these is rescission, in which the mortgage is voided. However, this remedy is only available within three years of the execution of the mortgage. We will need to look over the disclosure documents to figure out if there was a failure to disclose material terms in writing or high-interest rates on a non-purchase mortgage or another violation, and if you are still within the statute of limitations.Consult a Foreclosure Defense Lawyer in Cook County
If you are facing a foreclosure in Illinois, it is important to consult a seasoned foreclosure defense attorney. Raj Jutla at Jutla Legal has more than 15 years of experience. He represents clients throughout Cook, Lake, DuPage, Kane, and McHenry Counties. Call him at 847-305-3034 or complete our online form.