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Illinois · Weigh your options

Can the lender come after you for the rest? Deficiency judgments in Illinois

Yes. In an Illinois foreclosure, if the sale brings in less than you owe, the judge can enter a personal deficiency judgment against you in the order confirming the sale. The lender must have asked for it in the complaint, must prove it, and must have personally served you unless you appeared in the case. Illinois law does not cap the deficiency at the home's fair market value.

Ask for help in Illinois Free HUD counselor: (800) 569-4287

Reviewed against Illinois law and official sources on October 11, 2026. General information, not legal advice.

Deficiency rules in Illinois, point by point

  • A deficiency comes with the order confirming the sale

    At the confirmation hearing

    The court enters a personal judgment for any balance over the sale proceeds in the order confirming the sale. This happens only to the extent the lender asked for it in the complaint and proves it with the report of sale.

    735 ILCS 5/15-1508(e)

  • Personal service or appearance is required

    From the start of the case

    A deficiency judgment may be entered or enforced only against people who were personally served, unless they entered an appearance in the case. If you were served only by publication and never appeared, a deficiency cannot be entered against you.

    735 ILCS 5/15-1508(e)

  • No fair market value cap

    At confirmation

    Illinois foreclosure law keeps the lender's right to a personal deficiency except where the Article says otherwise, and it does not limit the amount to the home's fair market value. Objections to the sale itself are raised at the confirmation hearing.

    735 ILCS 5/15-1511

  • Consent foreclosure ends the deficiency

    Any time before the sale

    In a consent foreclosure, the lender takes title and must waive any personal deficiency against you and anyone else liable on the loan. You give up your reinstatement and redemption rights in exchange.

    735 ILCS 5/15-1402

  • Deed in lieu and short sale

    When you sign

    When the lender accepts a deed in lieu of foreclosure, everyone liable on the loan is released from personal liability unless they agree otherwise in a document signed at the same time. Illinois has no similar statute for short sales, so your written short sale approval controls; look for a clear waiver of the balance.

    735 ILCS 5/15-1401

  • How the judgment is collected

    7 years, revivable

    A deficiency judgment becomes a lien like any other money judgment. A judgment generally can be enforced for 7 years and revived within 20 years. A wage deduction order can take no more than the lesser of 15 percent of gross weekly pay or the amount above 45 times the minimum hourly wage.

    735 ILCS 5/15-1508(f), 12-108, 13-218, 12-803

  • If a deficiency is requested in your case

    Before the confirmation hearing

    Read the complaint to see if it asks for a personal deficiency, and check how you were served. Contact Illinois Legal Aid Online or the Illinois Attorney General's Homeowner Helpline listed on our Illinois foreclosure help page before the hearing.

The short answer in Illinois

Can the lender come after me for the rest?

Deficiency judgments allowed

If the sale brings in less than you owe, the judge can enter a personal deficiency judgment against you in the order confirming the sale, if the lender asked for it in the complaint and proves it. This can happen only if you were personally served or you appeared in the case. Illinois law does not cap the deficiency at the home's fair market value. There is no deficiency in a consent foreclosure, where the lender must waive it, and a deed in lieu of foreclosure that the lender accepts releases you from the debt unless you agree otherwise in writing at the same time.

735 ILCS 5/15-1508(e), 15-1511, 15-1402, 15-1401

Common questions in Illinois

Can I owe money after an Illinois foreclosure if I was served by publication?

Not if you never appeared in the case. Illinois allows a deficiency judgment only against people personally served, or who entered an appearance. Filing an appearance can change this, so ask a lawyer or legal aid before you file anything.

Does a deed in lieu release me from the rest of my Illinois mortgage debt?

Yes, if the lender accepts it, unless you agree in a separate document signed at the same time to stay liable. Read every page you are asked to sign with the deed, and do not sign an agreement to stay liable without advice.

Can an Illinois deficiency judgment be collected forever?

No. A judgment generally can be enforced for 7 years and can be revived by the creditor within 20 years after entry. A 2026 change says consumer debt judgments entered on or after January 1, 2026 cannot be revived but may be enforced for 15 years.

Step by step

More on foreclosure in Illinois

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Also in Illinois

Foreclosure mediation Property tax foreclosure Claim surplus funds Deficiency judgments (this page)Letters you may get

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Sources for this page

  1. 735 ILCS 5/12-108: Limitation on enforcement
  2. 735 ILCS 5/13-218: Revival of judgment
  3. 735 ILCS 5/2-1602: Revival of judgment (consumer debt judgments)
  4. 735 ILCS 5/12-803: Wages subject to collection
  5. 17th Judicial Circuit Local Rule 2.14: Residential Mortgage Foreclosure Mediation Program
  6. 735 ILCS 5/15-1502.5 (grace period notice, repealed effective 7-1-16)
  7. 735 ILCS 5/15-1504.5: Homeowner notice to be attached to summons
  8. 735 ILCS 5/15-1505.5: Payoff demands
  9. 735 ILCS 5/15-1506: Judgment
  10. 735 ILCS 5/15-1507: Judicial sale
  11. 735 ILCS 5/15-1508: Report of sale and confirmation of sale
  12. 735 ILCS 5/15-1511: Deficiency
  13. 735 ILCS 5/15-1512: Application of proceeds of sale and surplus
  14. 735 ILCS 5/15-1602: Reinstatement
  15. 735 ILCS 5/15-1603: Redemption
  16. 735 ILCS 5/15-1604: Special right to redeem
  17. 735 ILCS 5/15-1701: Right to possession
  18. 735 ILCS 5/15-1401: Deed in lieu of foreclosure
  19. 735 ILCS 5/15-1402: Consent foreclosure
  20. 735 ILCS 5/15-1219: Residential real estate (definition)
  21. 765 ILCS 940/15: Mortgage Rescue Fraud Act, rescission of consultant contract
  22. 765 ILCS 940/35: Mortgage Rescue Fraud Act, cancellation of conveyance contract
  23. 765 ILCS 940/50: Mortgage Rescue Fraud Act, violations
  24. 765 ILCS 940/70: Mortgage Rescue Fraud Act, consultant compensation
  25. Illinois Supreme Court Rules (index showing Rule 99.1 and Rule 114)
  26. Illinois Supreme Court Rule 99.1: Mortgage Foreclosure Mediation Programs (amended Dec. 2, 2025, eff. Mar. 1, 2026)
  27. Illinois Supreme Court Rule 114: Loss Mitigation Affidavit (form)
  28. Illinois Courts: Approved Statewide Forms, Mortgage Foreclosure
  29. Illinois Courts: How to Respond to a Mortgage Foreclosure Complaint
  30. Circuit Court of Cook County: Chancery Division Mediation
  31. Cook County Legal Aid for Housing and Debt
  32. 17th Judicial Circuit Court: Mortgage Foreclosure Program
  33. Illinois Attorney General: Home Ownership and Rental Issues
  34. Illinois Legal Aid Online: Mortgage foreclosure
  35. Illinois Legal Aid Online: Options for dealing with foreclosure
  36. Illinois Legal Aid Online: Collecting a surplus after a foreclosure sale
  37. State of Illinois press release on the Illinois Homeowner Assistance Fund (opened April 11, 2022, closed October 31, 2023)
  38. U.S. Department of the Treasury: Homeowner Assistance Fund
  39. Illinois Housing Development Authority: Saving My Home
  40. Illinois Department of Revenue: Property Tax Relief (Senior Citizens Real Estate Tax Deferral Program)
  41. IDFPR Division of Banking: File a Complaint
  42. Illinois State Bar Association: Illinois Lawyer Finder