Right to redeem before the sale, and a special 30-day right after it
735 ILCS 5/15-1603(b)(1)
In plain words
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.
Who is protected
Owners of Illinois residential real estate in foreclosure.
When it applies
- Only in Illinois.
- Only once a sale date is set or after the foreclosure sale.
What you can do
Put the deadline on your calendar
Mark both dates and use the later one.
Deadline: The later of 7 months after service or 3 months after judgment
Open the toolCompare your options
Use the redemption period to refinance, sell or negotiate a deed in lieu.
Open the tool
Honest limits
- Redeeming requires paying the full judgment amount, not just missed payments.
- Abandoned homes have a much shorter period.
- 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 lawRedemption period before sale
735 ILCS 5/15-1603(b)(1)
Exact part: (b)(1)
What it says: For residential property, redemption lasts until the later of 7 months after service or 3 months after judgment.
Read the official texthttps://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1603 - State lawSpecial right to redeem
735 ILCS 5/15-1604
What it says: If the mortgagee buys for less than the debt, a special 30-day right to redeem after confirmation may apply.
Read the official texthttps://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K15-1604
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 reinstate within 90 days after you are served
735 ILCS 5/15-1602
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.
Read this rightDeficiency only in the foreclosure case and only with personal service
735 ILCS 5/15-1508(e)
An Illinois lender can get a personal deficiency judgment only in the foreclosure case itself, and only if you were personally served or appeared in the case. If you were served only by publication and did not appear, no personal deficiency can be entered in that case.
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 government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
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 right