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Navigating foreclosure in Cook County

If a borrower defaults on their monthly payment, the lender has the option to foreclose on their mortgage loan and take the borrower’s property away by force through the court system. It’s important to remember that borrowers have the right to defend themselves in foreclosure cases, so just because a foreclosure case has been filed does not mean a homeowner will lose their property.

What Is Pre-Foreclosure?

The term “Pre-Foreclosure” is typically used to describe the period of time before a lender finishes the foreclosure process.

The pre-foreclosure period often starts when you first default on your loan, and can span the filing of your foreclosure case all the way through to judicial auction. Once the lender has completed the foreclosure process, you are no longer in pre-foreclosure and would instead be considered foreclosed upon... Read More

If Your Home Goes Into Pre-Foreclosure, What Are Possible Options To Save It?

If your home is in pre-foreclosure and your intent is to save your property, there are several viable and good options that our law firm can help you with. Just to name a few, we can help borrowers and homeowners in pre-foreclosure... Read More

What Happens if I Default on a Loan Modification?

Defaulting on a loan modification really isn’t any different than defaulting on the original loan. The lender still has the ability to declare a default, to file a mortgage foreclosure lawsuit, to obtain a judgment, and to conduct a judicial auction. As such, there is no effective distinction between defaulting under a loan modification or defaulting under your original loan... Read More

5 Reasons Why You Should Hire A Foreclosure Defense Attorney

You are faced with foreclosure on your home? Do you want to keep your home? Then you should hire a Foreclosure Defense Attorney to help Fight Foreclosure on your home so that you can stay in it. Here are the main reasons you should hire a Foreclosure Lawyer... Read More

I’ve Been Late On My Mortgage For Several Months. When Is The Bank Likely To Start Foreclosure Proceedings?

Lenders generally wait 4-5 months before initiating foreclosure proceedings due to missed payments. Federal regulations prohibit lenders from filing a foreclosure case in most cases. Typically, by the fifth or the sixth month of missed payment, a summons and a complaint will be filed to begin the process of foreclosure...Read More

How Long Do I Have To Respond After Being Served With A Foreclosure Summons?

When a foreclosure summons and complaint are received, it is important to act quickly; these are legal documents and should not be ignored. Typically, the law will provide 30 days to file an appearance and then an answer in the case. These deadlines are important because if they are not met, a homeowner...Read More

Wouldn’t My Lender Rather Foreclose Than Do A Loan Modification?

When your mortgage loan becomes past due, your lender typically has two options; they can go the route of foreclosing on the property and taking it by force, or it can go the route of negotiating, working with the homeowner, and ultimately settling on something like a loan modification...Read More

Through the guidance of a skilled foreclosure defense attorney, the process can be slowed down to give the homeowner more time to raise a defense. An experienced and aggressive lawyer can not only save the borrower’s home, but give them leverage with their lender that could result in lower payments or even a smaller loan balance.

Potential Foreclosure Strategies

The Law Center works with you to devise the best foreclosure strategy for you and your family. In many cases, that strategy involves defending yourself in court. For example, your loan may be eligible for certain foreclosure defenses, such as:

  • Violation of federal Truth in Lending Act
  • Robo-signing
  • Securitization defects
  • Lender breach of good faith and fair dealing
  • Lender Breach of Contract
  • Failure to give proper disclosures
  • Economic duress
  • Defective debt assignment
  • Defective acceleration of debt

In some additional cases

The best foreclosure strategy involves vigorous negotiation with mortgage lenders for a loan modification, or pushing a short sale through to completion. Regardless of where you stand in the foreclosure process, The Law Center can answer any questions you may have about your options including:

  • Litigation and potential defenses:
    The lender’s misconduct throughout the life of the loan or the validity of the loan itself can often provide potential defenses.
  • Mortgage restructuring / Loan modification:
    In a loan modification, the borrower’s lawyer helps to renegotiate the terms of the original loan to reduce the monthly payment and interest rate and to give them more time to pay the loan in full.
  • Short sales:
    In a short sale, the homeowner sells their property for less than the amount due on the mortgage and uses those proceeds to pay off the lender.
  • Consent foreclosure:
    The state of Illinois allows borrowers to give their home back to the bank and walk away free of debt instead of continue on with the lengthy foreclosure process.
  • Deed in lieu of foreclosure:
    A deed in lieu of foreclosure has the borrower sign the deed of the home over to the lender in exchange for mortgage debt forgiveness.
  • Mediation:
    In mediation, the lawyer and the homeowner meet with the lender and a neutral facilitator to discuss available options (such as repayment plans, forbearance, etc.).
  • Repayment plan:
    A repayment plan requires the homeowner to start making regular monthly mortgage payments again, plus a little bit extra to cover the past-due amounts.
  • Forbearance agreement:
    In a forbearance agreement, the lender agrees to reduce or suspend mortgage payments to provide the borrower with short-term relief. At the end of the forbearance period, the borrower must repay the past-due amount in a lump sum or over the course of several payments.
  • Reduced payoff:
    In a reduced payoff, the lawyer negotiates for a reduction of debt from the lender, usually based on the actual current value of the home owner’s property.


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The Law Center Gives Cook County Homeowners the Ability to Take Back Control

At The Law Center, foreclosure defense attorney Bardia Fard and our legal team analyze each foreclosure case to customize the best defensive strategy available to the homeowners. Our unparalleled knowledge of the rules of procedure and law in these types of cases here in Chicago, Illinois, gives us the ability to assert our clients’ rights as homeowners and provide them much-needed leverage when dealing with their lenders.

Whether you desire to save your property or walk away free and clear, we will guide you through your available options and ensure that your goals are met. At The Law Center, we strive to open new opportunities for our clients and put them in a better financial situation than they were before their case.

If you’ve been receiving threats of home foreclosure, it’s time to take back control of the situation. No matter where you are in the foreclosure process, The Law Center can represent you.

When facing foreclosure, it can seem like you have no options and no way forward beyond accepting an imminent foreclosure under the terms dictated by your lender. The imbalance of power between a big bank or lending company and an individual can be overwhelming, and unfortunately, your lender is often counting on exactly that.  

Fortunately, there is help. As a borrower, you have the right to defend yourself against foreclosure. You also have the right to several different types of deals, as well as methods and tools to help you catch up on back-payments. These deals, methods, and tools to avoid foreclosure are sometimes referred to as “loss mitigation options”.

Strategies that can help you avoid foreclosure, pay off back-debt, and meet your monthly payments moving forward include: ·        

: There are many different defenses that can be brought by an experienced foreclosure attorney that can freeze the foreclosure process, and at the very least buy you enough time to make your back payments. These include many different types of procedural violations that are common among lenders. Some of these violations are severe enough that you can actually sue for damages, which may result in the payment of back-debt.  ·        

Mortgage Restructuring
: In some cases, your attorney may be able to help you renegotiate the terms of your loan, such that they are more manageable, and you are therefore more likely to pay the loan in full over time. This process often involves creating a solution for back-debt, whether through lump sum payment by a certain date, or payment in smaller installments over time. ·        

Mediation: Mediation is a negotiation process in which the borrower and their legal counsel meet with the lender and their legal counsel, as well as an unbiased third party. Together, they try to come to a workable solution forward. In foreclosure mediation, the parties will discuss and negotiate the terms of alternatives to foreclosure.   

Repayment Plan
: A repayment plan is an agreement between a borrower and a lender that lays out the repayment of arrears (or missed/owed mortgage payments) over time. This can take the form of a lump sum payment by a certain date, which gives borrowers the time to get the money together. However, more frequently, it takes the form of small installment payments added to your monthly mortgage payments in the future, until such time as the back debt is paid off. It should be noted that mortgage companies may be less likely to accept repayment plans after a borrower has declared bankruptcy.  ·        

Forbearance Agreement
: A forbearance is a specific type of repayment plan as agreed to between you and your loan company. In a forbearance agreement, the company agrees to stop foreclosure and either freeze or reduce new payment billing until a certain time. This is designed to give you some time to catch up and gather the funds to repay your arrears and to make your payments in the future. Once the freeze/reduced payment period is over, the terms of a forbearance agreement dictate exactly how you will repay the arrears, and by when. This payment can be made in lump sum, several large sums, or incremental sums over time. It should be noted that while forbearance may be a great option to fix specific short-term financial issues, it is not a regular or long-term solution, and should be used judiciously.  

These are only a few of the many strategies available to someone facing foreclosure in Illinois. Despite messaging to the contrary, and despite what lending companies may want you to think, people at risk for foreclosure actually have quite a few options. However, these effectiveness of these options—and in some cases, your ability to pursue these options at all—depend on having an experienced, skilled, and dedicated attorney on your side.  

In the Chicago, IL area, you can find exactly that type of attorney in Bardia Fard and the team at The Law Center LLC. Attorney Fard has the experience, diligence, and passion to help her clients get their lives back on track. You’ve worked too hard for what you have to let it get taken away. Let us help. Call (312) 600-8815 any time—24 hours a day, 7 days a week—for a free consultation.

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Chicago, Illinois 60606

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Disclaimer – The Law Center, LLC is not a debt collector and is not affiliated with your mortgage lender, service or any government entity. The attorney responsible for the content of this advertisement is IL Attorney B. Fard. Nothing on this website is to be construed as a guarantee or prediction of result. No recipient of content from this site, client, whether current or otherwise, should act or refrain from acting based on information at this site. Any and all information on this website is not intended to, nor does it, constitute or establish an attorney-client relationship.