Before anything is filed
Most mortgages treat a payment as late after a grace period and in default after roughly 90 days. Federal servicing rules generally bar a servicer from making the first foreclosure filing until the loan is more than 120 days delinquent, and require it to review a complete loss-mitigation application submitted before then.
Nothing is public yet at this stage. The delinquency lives with the servicer, and the options on the table are the ones the servicer offers: repayment plan, forbearance, modification, or a short sale.
The complaint and the lis pendens
Foreclosure starts when the lender files a complaint under the Illinois Mortgage Foreclosure Law. At or near the same time, a notice of lis pendens is recorded with the county recorder, which puts the world on notice that title to the parcel is the subject of a pending lawsuit.
The owner is served and has 30 days to file an appearance and answer. Failing to answer usually leads to a default judgment, which is one of the fastest ways a case moves.
Reinstatement and redemption
Illinois law gives an owner two distinct rights with hard deadlines. Reinstatement runs 90 days from service and lets the borrower bring the loan current by paying everything past due, plus costs, which stops the case and puts the mortgage back on its original terms.
Redemption is different: it means paying the full judgment amount, not just arrears. For owner-occupied residential property, the redemption period generally ends on the later of seven months from service or three months after the judgment of foreclosure.
- Reinstatement: 90 days from service — pay arrears and costs, loan continues
- Redemption: pay the full judgment — usually 7 months from service or 3 months after judgment, whichever is later
- A property can generally still be sold on the open market while either period runs, as long as the loan is paid off at closing
Mediation and the judgment
Several Illinois circuits run residential foreclosure mediation programs. In the Sixteenth Judicial Circuit, which covers Kane County, owner-occupied cases are routinely referred to mediation, and that referral adds time to the schedule.
If the case is not resolved, the court enters a judgment of foreclosure and sale setting the amount owed and the date the redemption period ends. The sale cannot legally be held until that period expires.
The sheriff's sale and confirmation
After redemption expires, the property is sold at a judicial sale conducted by the sheriff or a court-appointed selling officer, with notice published for three consecutive weeks. Most properties are bought by the foreclosing lender with a credit bid.
The sale is not final until the court confirms it in a separate order. Confirmation transfers title and typically includes an order of possession, which the occupant usually has 30 days to comply with before eviction can be enforced.
What the timeline means practically
The long version: the further a case goes, the fewer options remain and the more fees are added to the payoff. The practical value of the timeline is that it shows how much room usually exists early on — months, not days — to talk to a housing counselor, apply for loss mitigation, refinance, or sell the property before a judgment is entered.
This guide is general information about Illinois law and procedure. It is not legal, financial, or tax advice, and deadlines vary by case and by county. Selling a house in pre-foreclosure in Kane County.
If you are facing foreclosure or tax delinquency, you have the right to consult a licensed Illinois attorney or a HUD-approved housing counselor at no obligation.
