Foreclosure
Foreclosure Defense Attorney Serving Tazewell County, Peoria County, and Woodford County
We are a licensed, affordable, and reputable attorney group serving Central Illinois. Contact an attorney today!
Falling behind on your mortgage can be an overwhelming experience. Whether the result of job loss, illness, or other financial hardship, the threat of foreclosure brings serious consequences—loss of your home, damage to your credit, and disruption to your family’s life. At Black, Black & Brown, we help homeowners in Central Illinois protect their rights and understand their options when facing foreclosure.
Understanding Judicial Foreclosure in Illinois
Illinois is a judicial foreclosure state, meaning your lender must file a lawsuit in court to foreclose on your property. The case is brought in the county where your home is located—whether that be Tazewell, Peoria, or Woodford County—and you are entitled to receive formal notice and the opportunity to respond.
Before a lender can sell your home or remove you from the property, it must complete the foreclosure process through a court judgment. Importantly, Illinois law provides homeowners with specific rights during this process:
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Reinstatement (735 ILCS 5/15-1602): You have the right to bring your mortgage current—by paying the amount past due, including late fees and legal costs—within 90 days of being served with the foreclosure complaint.
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Redemption (735 ILCS 5/15-1603): You may also redeem your property by paying off the full balance of the loan prior to the expiration of your redemption period—typically seven months after service, or three months after judgment, whichever is later.
These options are time-sensitive and require immediate action. In many cases, however, reinstatement or redemption is not financially feasible. Fortunately, there are additional legal tools available to help you preserve your home and financial stability
Bankruptcy as a Foreclosure Defense Option
For homeowners unable to reinstate or redeem their loan, filing a Chapter 13 bankruptcy may offer a solution. A Chapter 13 repayment plan allows you to cure mortgage arrears over a period of up to five years—while stopping foreclosure in its tracks and keeping your home.
Our office can advise you as to whether Chapter 13 is a viable option based on your specific financial circumstances.
Defenses Against Wrongful Foreclosure
In some cases, foreclosure actions are legally deficient. Common defenses include:
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The lender is not the legal holder of the mortgage note.
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The foreclosure was filed prematurely or contains accounting errors.
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Required notices were not properly served or filed.
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The mortgage or assignment documents are defective or incomplete.
We will carefully review your case to determine whether a viable defense exists and, where appropriate, assert counterclaims or challenge the lender’s standing to foreclose.
If foreclosure cannot be avoided, we help clients navigate the aftermath—including negotiations to avoid a personal deficiency judgment for any remaining balance after a sheriff’s sale. Our firm works to minimize financial exposure and assist in a smoother transition wherever possible.
Black, Black, & Brown - Central Illinois’ 5-Star Attorneys
We pride ourselves on providing the highest quality of legal representation to our clients. Our attorneys are dedicated to providing personalized and experience-backed legal advice, and they are committed to achieving the results you deserve. Take a look at our trusted team of attorneys or read our reviews to discover why Black, Black & Brown is the go-to law firm in Central Illinois.
Our attorneys live and work in the Central Illinois community. We understand the local courts and procedures unique to Tazewell, Peoria, and Woodford Counties, and we provide our clients with direct, accessible, and cost-conscious representation. We offer flexible fee structures, including hourly and flat-fee options for foreclosure defense.
Our Happy Clients
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"Wonderful experience! Austin Nichols and all of his staff were very personable and professional. Mr. Nichols took the time to explain everything and made sure we understood everything. Highly recommend."
- Jody S.
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"I have worked with two lawyers from this firm and they were both knowledgeable, skilled and compassionate in their dealings with me. There are not enough good things that I can say about the individuals that work here. If you need legal advice, check with Black, Black and Brown first before heading anywhere else. You will get clear and honest information in a professional manner that is difficult to find within this profession."
- Craig D.
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"We were working with another lawyer with an issue we encountered. We were not very happy and Blake was recommended to us. Wow, what a great job he did for us. Blake is very knowledgeable, honest, and keeps you informed to any and all situations. We certainly will use him again. We highly recommend him."
- Dawn M.
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