Illinois is a judicial foreclosure state, which means a lender must bring a lawsuit and obtain a court order to foreclose on a home. While this might seem like an overwhelming and daunting prospect, the upside is that the homeowner has his or her day in court. This allows the borrower to present a legal defense and potentially prevent foreclosure. The best way to successfully protect your home is to hire an experienced Illinois foreclosure defense lawyer who will evaluate your case and identify possible defenses against a foreclosure lawsuit.
What Defenses Can I Bring in a Foreclosure Case?
There are a few arguments homeowners can make that have the potential to ward off foreclosure. For example:
-
Loan servicing errors: If you can show that the lender made significant errors in servicing your loan, it might be a solid defense against foreclosure. For example, the lender might have inaccurately applied payments, refused to accept valid payments, or imposed unreasonable fees.