Mortgage Foreclosure

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Receiving Foreclosure Papers
A foreclosure is a type of lawsuit filed by a lender to collect the money allegedly past due on a mortgage loan (a loan secured by your home). Soon after a foreclosure is filed you will be "served": either someone from the sheriff's department or a private process server (someone hired by the lender) will hand-deliver to you (or someone else in your household) a summons and a complaint. The complaint will set forth the facts of the foreclosure case being filed against you. The summons will tell you when and where to file an answer.

What to Do

Upon receiving your foreclosure papers you should do the following:
  1. Call your mortgage company to find out how much they claim is owed, and, if you agree you are behind, see if you can enter into some kind of workout plan.
  2. Seek legal help regarding any possible legal claims you may have to defend against the foreclosure.
  3. File an appearance and answer, or other appropriate response at the Lake County Courthouse within 30 days of receiving the foreclosure papers.
  4. There is a fee to file an appearance. If your income is low enough, you may be able to get the filing fee waived. By following this procedure, you will be entitled to receive notice of all future court proceedings and notice of any foreclosure sale that is scheduled.
  5. Whether or not you have filed an appearance, you may wish to attend court on the first day of your case and let the judge know what you are planning to do. If you are considering defending against the foreclosure, the judge may give you extra time (usually 28 days) to seek the advice of an attorney. The extra time can also help you to explore the options explained below. You can call the plaintiff's attorney at any time to find out your next court date or call the Office of the Circuit Clerk at 847-377-3209 or visit at:
    18 N County Street
    Waukegan, IL, 60085