Right to reinstate within 90 days after you are served
735 ILCS 5/15-1602
In plain words
In Illinois you can reinstate your mortgage — pay what is past due plus allowed costs and fees — within 90 days after you are served with the foreclosure (or otherwise come under the court’s jurisdiction). If you reinstate, the case is dismissed. Servicers sometimes accept reinstatement later, but only the 90 days is a legal right.
Who is protected
Illinois mortgagors in a foreclosure case.
When it applies
- Only in Illinois.
- Only after a notice of default or once a sale date is set.
What you can do
Put the deadline on your calendar
Count 90 days from the service date and get a reinstatement quote well before then.
Deadline: 90 days after you were served
Open the toolAsk in writing
Ask the plaintiff’s attorney in writing for a reinstatement figure.
Open the tool
Honest limits
- Generally usable only once every five years.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawReinstatement
735 ILCS 5/15-1602
What it says: A mortgagor may reinstate within 90 days after being served or submitting to jurisdiction.
Read the official texthttps://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1602
Court cases
- Partial winSame topicBank of America, N.A. v. Adeyiga
Bank of Am., N.A. v. Adeyiga, 2014 IL App (1st) 131252
if a lender did not send the required pre-filing grace-period notice and wait the required time, the judicial sale must be vacated and the case dismissed
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
Related rights
Right to a Homeowner Notice with the summons, and to answer the foreclosure case
735 ILCS 5/15-1504.5
Every Illinois home foreclosure goes through court. The lender must attach a Homeowner Notice to the summons that explains your rights, such as staying in the home until a judge orders otherwise and where to find help. You generally have 30 days after service to file an answer or appearance. Some counties, like Cook County, also run foreclosure mediation programs.
Read this rightRight to redeem before the sale, and a special 30-day right after it
735 ILCS 5/15-1603(b)(1)
In Illinois you can redeem (pay off the judgment) before the sale, until the later of 7 months after service or 3 months after the judgment for a home. If the lender buys the home at the sale for less than the full debt, you may also have a special right to redeem within 30 days after the court confirms the sale.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right