Foreclosure and tax sales in Illinois
What our research shows about Illinois's rules. General information with sources — not legal advice, and not a reading of your papers.
How foreclosure works
- Usual process
- Judicial (through court)
Governed by the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 to 15-1706.
From a reputable summary[1] - Main statutes
- 735 ILCS 5/15-1503; 735 ILCS 5/15-1504.5; 735 ILCS 5/15-1507; 735 ILCS 5/15-1508; 735 ILCS 5/15-1602; 735 ILCS 5/15-1603; 735 ILCS 5/15-1604From a reputable summary[1]
- Typical length (estimate)
- Not researched yet for this state.
The usual timeline
- +At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1) Pre-suit notice or breach letter
No general state pre-suit cure period (a 30-day notice applies to high-risk home loans). The summons must come with a homeowner notice explaining your rights and where to get help.
From a reputable summaryLawsuit filed and you are served with the summons and complaint
Governed by the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 to 15-1706.
From a reputable summary- +At least 30 days
Answer due — 30 days after service
Most homeowners have 30 days after service to answer.
From a reputable summary Mediation may be available (voluntary or local programs)
Court foreclosure mediation is available in some counties, including Cook County.
From a reputable summaryCourt judgment of foreclosure (if the lender wins)
From a reputable summary- +At least 7 days
Sheriff’s / court sale
After judgment and the redemption period, the sale is published once a week for three consecutive weeks (first no more than 45 days, last at least 7 days before the sale); notice goes to parties at least 10 business days before.
Checked against the official text735 ILCS 5/15-1507 Court confirms (ratifies) the sale
The court confirms the sale; you may stay 30 days after confirmation.
From a reputable summaryRedemption window
Before the sale: for a home, until the later of 7 months after service or 3 months after judgment (30 days after judgment if abandoned). After the sale: a 30-day special right after confirmation if the lender bought the home for less than the debt.
Checked against the official text735 ILCS 5/15-1603
A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.
Notices and the sale
- Notice before foreclosure
- No general state pre-suit cure period (a 30-day notice applies to high-risk home loans). The summons must come with a homeowner notice explaining your rights and where to get help.
735 ILCS 5/15-1504.5
- Notice of sale
- At least 7 daysAfter judgment and the redemption period, the sale is published once a week for three consecutive weeks (first no more than 45 days, last at least 7 days before the sale); notice goes to parties at least 10 business days before.
735 ILCS 5/15-1507; Ill. S. Ct. R. 113
- Publication
- Newspaper, three consecutive weeks.From a reputable summary[1]
- When sales happen
- Not researched yet for this state.
- Time to answer the lawsuit
- 30 days
Most homeowners have 30 days after service to answer.
From a reputable summary[1] - Court confirms the sale
- Yes
The court confirms the sale; you may stay 30 days after confirmation.
From a reputable summary[1]
Your rights before and after the sale
- Catching up (reinstatement)
- Within 90 days after you are served (or otherwise come under the court’s jurisdiction). Servicers often accept later reinstatement.
735 ILCS 5/15-1602
- Buying the home back (redemption)
- YesBefore the sale: for a home, until the later of 7 months after service or 3 months after judgment (30 days after judgment if abandoned). After the sale: a 30-day special right after confirmation if the lender bought the home for less than the debt.
735 ILCS 5/15-1603, 15-1604
- Owing money after the sale (deficiency)
- LimitedOnly in the foreclosure case, and only if you were personally served or appeared.
735 ILCS 5/15-1508
- Mediation
- Some courts or countiesCourt foreclosure mediation is available in some counties, including Cook County.From a reputable summary[1]
Property tax sales
- Tax sale system
- Tax lien certificate saleFrom a reputable summary[7]
- How it works
- The county collector gets a court judgment and order of sale, then sells the tax debt at the annual tax sale; the buyer gets a certificate of purchase (a lien). Scavenger sales cover taxes delinquent 3+ years.From a reputable summary[7]
- Redeeming after a tax sale
- Up to 3 years from the tax sale under the current statute (1 year for vacant non-farm, 7+ unit, commercial or industrial property). Certificates issued before the July 10, 2026 amendment may carry the older 2½-year period — check your notice. The penalty grows over time, and the buyer must serve a notice 3–6 months before the period ends.
Nolo still describes 2½ years; the official text (as amended by P.A. 104-553, eff. 7-10-26) says 3 years. We follow the official text.
- Relief programs
- Senior Citizens Real Estate Tax Deferral Program — Lets qualifying seniors defer property taxes on their home (county treasurer). Income and eligibility limits not confirmed in this pass.
Program name recorded from general knowledge; not confirmed against the statute (320 ILCS 30).
Not confirmed — check it[1]- Payment plans
- Not researched yet for this state.
- Surplus after a tax sale
- Not researched yet for this state.
Bankruptcy exemptions
- Federal exemption list
- State list only (opted out)
This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.
From a reputable summary[9] - Homestead exemption
- $50,000 ($100,000 joint)$50,000 per person ($100,000 for two owners), including farm, condo, co-op or mobile home.(735 ILCS 5/12-901)From a reputable summary[10]
Where to get free help
- Free legal aid (LSC-funded)
- Checked against the official text[12]
- Legal help website
- Checked against the official text[13]
- State housing agency
- Checked against the official text[11]
- Attorney general / consumer protection
- Checked against the official text[14]
- Court self-help
- Checked against the official text[15]
- HUD-approved housing counselors
- HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.
Sources
Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.
- [1]Nolo — Illinois Foreclosure Laws and Proceduressummary
- [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
- [3]735 ILCS 5/15-1507 (official text, Illinois General Assembly)735 ILCS 5/15-1507official
- [4]735 ILCS 5/15-1602 (official text, Illinois General Assembly)735 ILCS 5/15-1602official
- [5]735 ILCS 5/15-1603 (official text, Illinois General Assembly)735 ILCS 5/15-1603official
- [6]735 ILCS 5/15-1604 (official text, Illinois General Assembly)735 ILCS 5/15-1604official
- [7]Nolo — Illinois property tax salessummary
- [8]35 ILCS 200/21-350 (official text, Illinois General Assembly)35 ILCS 200/21-350official
- [9]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
- [10]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
- [11]IHDA – Illinois Housing Development Authority (official site, checked live)official
- [12]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
- [13]Illinois Legal Aid Online (official site, checked live)official
- [14]Consumer Protection (official site, checked live)official
- [15]Self Help | Office of the Illinois Courts (official site, checked live)official