Illinois House of Representatives Amends Judicial Foreclosure Procedure Bill

The House of Representatives in Illinois has amended House Bill 1960 by giving homeowners an additional 30 days to file a motion to appeal a court's jurisdiction during the judicial foreclosure procedure.   

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Residential homeowners now have 60 days to attempt to dismiss a foreclosure issued by the court from taking place. The previous law only gave homeowners 30 days to try to foil the foreclosure pronounced by a state judge.

The timeline goes into effect either the day that the moving party filed an appearance in court or when it participated in its first hearing even without showing up to the proceedings before a judge.

Another part of the law is that the moving party waives all objections to the court's jurisdiction over the homeowner if the objecting party files a responsive plea (except for an extension to appear in court during the proceedings) prior to the initial complaint against the foreclosure.

The new law went into effect on Aug. 12.

According to RealtyTrac, Illinois had the fifth highest foreclosure filings in the nation in July with 10,627 properties.


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