Helping you keep your home and the memories it holds
Receiving a foreclosure notice can be one of the most frightening events in your life. You do not have to face it alone. At the Law Office of Brian Covert in Naperville, Illinois we provide the moral and legal support you need to find real solutions.
Once you receive a foreclosure notice, you must act quickly. Options include making the missed mortgage payments, working out a payment schedule with the lender, modifying your mortgage or, in some cases, filing for bankruptcy in order to halt foreclosure. Because time is of the essence and so much is at risk, you need a Naperville lawyer you trust to be on your side.
Foreclosure lawyers serving Illinois with distinction
Our attorneys are dedicated to helping people in DuPage and Will Counties who have fallen behind on their mortgage payments because of a job loss, divorce, mounting credit card debt or health issues. We do that by leaving no stone unturned in looking for errors in your mortgage lender’s paperwork and investigating every avenue to help you avoid foreclosure. If we find any error in the bank’s documentation, as trial lawyers we are not afraid to litigate foreclosure in court.
Defenses to foreclosure include:
- Unconscionable mortgage terms
- Failure to properly serve a notice of default
- Failure to follow state-required procedures
- Calculation mistakes by the mortgage servicer
We also honestly advise you when a short sale or deed in lieu is in your financial best interest.
While our foreclosure defense lawyers exhaust all remedies, there may be times when foreclosure cannot be avoided. We see you through the foreclosure process. We also offer a free relocation service that can help you find a rental home.
Foreclosure usually takes about nine months and involves many court dates.
Understanding the foreclosure process
Each Naperville foreclosure defense lawyer at our firm has a firm grasp on the law and how to best make it work for you. We also believe it is critical that you know how your case will proceed.
Default: The process starts when you default on your home loan, which is defined as a breach of the contract. This is usually done by missing a payment.
Foreclosure: The mortgage company may seek foreclosure on the property by filing a Complaint for Breach of Contract in court. The lender must allow you 30 days to seek HUD (Department of Housing and Urban Development) counseling prior to initiating foreclosure proceedings.
Service of process: Soon after this, you are served legal notice of the complaint. You have 30 days to file an Answer to the Complaint. If you have not already, this is a good time to consult an attorney.
Litigation and negotiation: A foreclosure defense attorney from our Naperville firm files an appropriate Answer. The lawyer then attempts to negotiate with the mortgage company and pursues various options to allow you to avoid foreclosure.
Judgment: The court enters a judgment against you, unless you or your attorney presented viable defenses to the court. An Order of Sale for the property is given to the sheriff.
Sale: The sheriff executes the sale of the property at auction and confirms the new owner of the property.
Possession expiration: Your Right of Possession in your home expires 30 days after the confirmation of sale.
Eviction: At the end of the 30 days, the sheriff evicts you, and a deed for the new owner is recorded for the property.
Rights of the homeowner: Throughout this process, you have certain rights to recover your property under Illinois legal statutes.
Reinstatement: If you manage to bring your account current within 90 days of Service, the lender must cease the foreclosure proceedings.
Redemption: If you pay off the entire balance on the loan within seven months of Service or within three months of Judgment, whichever is later, the Judgment is reversed and you retain title in the property.
Special redemption: If the mortgage company purchases the property back during the auction, you can retain possession and gain title in the property if, within 30 days, you pay the mortgage company the amount it paid at auction, plus any costs the company accrued during the foreclosure proceedings.
Learn more about your foreclosure defense options in DuPage and Cook Counties
If you are at risk of foreclosure — and especially if you have received a notice of intent to foreclose — it is imperative that you get legal help as soon as possible. We make sure the bases are covered and your interests are protected at every turn. Contact the Law Office of Brian Covert online or at 630-717-2783 to schedule a free confidential consultation to discuss your situation. For your convenience, we can accommodate off-site and off-hour appointments, and we have offices in Naperville, Warrenville and Schaumburg, Illinois. Attorney Sadia Covert speaks English, Urdu and Hindi.