Question about home foreclosure in Chicago. Want to keep home, capable of paying. Please advise.

Asked by msc, Chicago, IL Thu Mar 14, 2013

I was recently served papers for a foreclosure and I have 35 days to respond to the state. I live in Chicago. The problem has been that I have not made communication with my mortgage company in the months where I was not paying my mortgage. For the last 3-5 months I haven't paid any of my mortgage due to falling behind in other bills and a few unexpected expenses. I was hit with this foreclosure letter but would like to now start making payments. Also, I was paying roughly $600 more than the minimum every month for over a year on my mortgage. Is this taken into account when figuring what to do? My question is what do I say to the mortgage company when I call? Do I have to pay the entire amount in one shot to make this go away? Can I modify? Do I still have to deal with the court appearance or do they automatically take care of that? Does my history of paying more than necessary help my current case? What are the steps?

Help the community by answering this question:

+ web reference
Web reference:


Ian Halpin’s answer
Ian Halpin, Agent, Chicago, IL
Thu Mar 14, 2013

I am not an attorney and you should definitely think about getting one, or at least getting good counsel. But if you are pretty savvy and organized you can possibly do this on your own. Two things to do immediately:
1. Get on the phone with your bank ASAP. Your silence will lead them to believe you do not care. Open up a dialogue and see what options are available to you. A loan modification is quite a process but can be done. If you only owe a few months they may put it on the back end for you if you can prove ability to pay. Banks do not want to own real estate if they don't have to. If you can get to a branch that may also be a good start. Always helps to talk to real person. Can't hurt.
2. Absolutely keep the court date. It takes over a year for a foreclosure to go through. So get in front of the judge and tell him you are working it out. Time is on your side.

I wish you luck. If you are persistent you should prevail.

Ian Halpin / Broker
Jameson Sotheby’s International Realty
425 W. North Ave. / Chicago, IL 60610
O: 312.335.3220 / F: 312.229.9190 / C: 773.531.4479 |
1 vote
Jack Lewitz, Agent, Lincolnwood, IL
Sun Mar 31, 2013
Call your lender and show up in court. When talking with your lender tell them why you fell behind and ask them if those payments you missed could be put on back end of loan so you can be current with payments. Ask if they can also modify Loan for you
0 votes
Santiago Ken…, Agent, Chicago, IL
Tue Mar 26, 2013
Depend of the bank , i hope is not Ocwen bank or Old second federal loan .

Stay away from scammers Is N-1 priority
0 votes
Evelyn S. Fr…, Agent, Chicago, IL
Thu Mar 21, 2013

The best first step is to call you lender and state your case. The fact that you paid in excess of your monthly payments in the past may be taken into consideration. You need to speak to them first and foremost.

Illinois is a judicial state when it comes to foreclosures. That means after the 3rd payment is missed the bank has to legally begin the foreclosure process. You may be able to modify, again call the lender.

Please feel free to call me direct to discuss further, too many variable for this forum.

Hope this helps and good luck!
0 votes
Jeff Nobleza, Agent, Evanston, IL
Fri Mar 15, 2013
Erik Miles is an attorney who specializes in this. Give him a call at 312 854 8092 or email him at
0 votes
Brendan Ross, Agent, Chicago, IL
Fri Mar 15, 2013
You need to call your lender and talk to them. You also need to show up at your court date and tell them you are trying to work something out with your lender. If you don't do both of those things, you are not going to get the result you are looking for.
0 votes
Suzanne Hami…, Agent, Orland Park, IL
Fri Mar 15, 2013
Your best bet is to speak with an attorney familiar with foreclosures or speak to a counselor on this. Illinois Housing Department has a hotline on this you can call. See below link. Good luck.
0 votes
Edith Karoli…, Agent, Winnetka, IL
Fri Mar 15, 2013
Good advice below, read it carefully, then contact the bank ASAP, and potentially they could be ready and willing (remember banks are not in the business of real estate, they do not want to own properties, they are in the lending business) So you may be able to get your bank to refinance your loan at this point, and that way hopefully your monthly payments will be lower than what they are at the moment, which would then help you to continuously pay your mortgage, at least that is what you would like to
try to arrange with your bank, it may take time, and a lot of calls.....

And yes for the process of foreclosure and a court date having been started and set, get an attorney
to represent you and let him/her know what it is that you want to do.... refinance, stay in your home,
and once refinanced with a new and hopefully somewhat lower monthly payment pay regularly every
single month....
Good Luck to you

Sincerely yours,
Edith YourRealtor4Life & Chicago, North Shore & Northern Illinois Expert
Working always in the very BEST interest of her clients, Buyers, Sellers and
Investors alike....And always with a SMILE :)

Covering for @Properties Chicago & suburbs, and with her trusted Partner
Agents US & world wide properties. French, German, some Spanish &more or
Check out my website at
Get to know me! Learn about my experience, expertise, services! Read letters
of recommendation! Sign up to search for properties in my expanded service area.
0 votes
Manuel Brown, Agent, Chicago, IL
Fri Mar 15, 2013

As Ian stated contact you bank immediately! Just from what I have seen happening over the past five years if you are ever late talk to the bank immediately. The computers are looking at the fact that you have paid an additional $600 a month in the past. It simply sends a notice to person saying MSC is late time to do something.

MSC you are will have to be diligent and persistent. You will spend a lot of time on the phone being transferred. Make sure you get the name of every person you talk to, write down the date and time. I would even get a notebook just for this.

Contact an attorney ASAP. You have already been served with the foreclosure papers so the foreclosure is in process. Whatever you do, don not ignore the courts request for an appearance and personally would not trust the bureaucracy of the bank to figure out which attorney they hired to foreclose on your property, just me.

Yes it is going to cost you to hire an attorney. But the attorney can postpone the foreclosure long enough for you to work with the bank. I have seen Rusty Payton at 773-682-5210 hold off foreclosure while homeowners re-organized. He is very fair, just be honest with him.

There is new legislature on foreclosure proceeding to hit the books this summer that offer homeowners more protections. Unfortunately, they are not going to apply to you as the proceedings have already started. Remember be honest and upfront with any attorney you choose and judges do not want to put people out of their homes if they are trying to work with the lender.

I truly wish you the best of luck!
0 votes
Bill J Delig…, Agent, Naperville, IL
Fri Mar 15, 2013
Consider talking to an attorney.

More importantly talk to your lender and tell them the truth - that you want to stay in the house and want to become current with your payments.

Can they refi you to a lower rate?
Can they modify loan?
0 votes
Matt Laricy, Agent, Chicago, IL
Fri Mar 15, 2013
I would get on calling an attorney as soon as possible. They can help.
0 votes
Philip Sencer, Agent, Chicago, IL
Fri Mar 15, 2013
You need to talk with the lien holder to see what your optoions are. No one on this site can answer that. You better go to court and tell them what you want to do and see what they say. Do NOT blow it off like you bkoew off paying your mortgage. Your past histroy of paying has NOTHING to do with your present situation.
0 votes
Paul Fijalko…, , Arlington Heights, IL
Thu Mar 14, 2013
Find a foreclosure attorney to seek legal advice. You have to talk to your lender, most likely you will be able to keep your home.
0 votes
David Hanna, Agent, Chicago, IL
Thu Mar 14, 2013
An attorney is part of getting this straightened out. You should definitely seek out counseling which is free.
What you say to the mortgage company is "I want to keep my house. i had some financial problems and they are mostly behind me."
They do not want your house, and they have many incentives to modify the loan or accommodate your falling behind.
Just be sure you when you commit to something with them, you do it.

I am happy to provide you with information for experienced short sale and foreclosure attorneys. they, and your housing counselor will give you the steps.
Call, text or email me, 773-732-9123 or

You absolutely do not want to let the court date go by without an appearance.
0 votes
Jose Hernand…, Agent, Chicago, IL
Thu Mar 14, 2013
Call your bank immediately and explain them your situation, most banks are trying to help homeowners avoid foreclosure. Also, make sure you show up to court and explain your situation to the judge.

Note: I'm not an attorney and this is not legal advise, consult an attorney for legal advise.

Good luck!
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more