WHY DOES THE LENDER PUBLISH THE FORECLOSURE SALE INFORMATION?

Homeowners are sometimes surprised to see the lender in their foreclosure case publish information concerning their upcoming foreclosure sale in local newspapers. However, under Illinois law newspaper notice of the foreclosure sale/judicial sale is mandatory. Even with the internet and changes in media, the law still requires publication of this notice as a local newspaper advertisement. The notice must include certain information, such as the full property address and legal description, the time and place of sale, the court case number, and any additional information the court may order.

Timing and Frequency. The notice of sale must be published at least 3 consecutive calendar weeks, one time each week. In rare circumstances, the court may also order additional publication/advertising requirements. The first notice must be published no more than 45 days before the foreclosure sale, and the last notice can't be less than 7 days before the sale. There are also rules stipulating which sections of the newspaper the notice must be published in and which types of local newspapers are acceptable.

Deficient Publication. What happens when a lender makes a mistake with publication? Is it enough to reverse a judicial sale? Although not a common issue, an Illinois appellate court rejected a homeowner's argument to undo the judicial sale due to a technical fault with the publication requirements. Specifically, the court found that there was no evidence the homeowner failed to receive actual notice of the judicial sale (2020 IL App (1st) 192164).

If you are facing a foreclosure/judicial sale, it's not too late to defend your case. But you have to act quickly. At The Law Center, we are a team of specialists that are passionate about the foreclosure process from start to finish and helping homeowners at the highest level. Our staff and attorneys approach each client and each property as a new challenge, one that requires thorough analysis, zealous representation, and thoughtful strategy. It’s your home, let The Law Center help you defend it.

Call us now and speak with a foreclosure expert on how you can make the foreclosure process work for you -- not against you. (312) 600-8815

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