- Who sends it
- The circuit clerk mails it, using a notice the lender's lawyer prepares
- What it starts
- A short window to ask the judge to vacate the default, and the countdown to your last day to redeem
- Do this first
- Find the redemption date in the judgment and call legal aid today
What this document is in Illinois
When a homeowner is defaulted by court order in an Illinois foreclosure, Illinois Supreme Court Rule 113(d) requires a notice of default and entry of judgment of foreclosure. The lender's lawyer must prepare it and file it with the clerk within 2 business days after the default, and the clerk must mail it within 5 business days after the default. It goes to the property address or the address on any appearance you filed.
The official form is titled "Notice of Entry of Default and Judgment of Foreclosure". It says, in capital letters, "DO NOT IGNORE THIS NOTICE. YOU SHOULD ACT IMMEDIATELY." It tells you that you may be entitled to file a Motion to Vacate, and it may list the amount and date to redeem and a free legal help contact.
What it does and does not mean
- It does mean the judge entered a Judgment of Foreclosure and Sale. The judgment must state the last date to redeem (735 ILCS 5/15-1506(e)).
- It does not mean the home is sold. A sale cannot be held until your reinstatement and redemption periods end, and then a judge must still confirm it.
- It does not mean you must move. You keep possession until 30 days after a judge confirms a sale, unless the court orders otherwise.
- If the notice was never sent or had errors, Rule 113(e) says that alone does not undo the judgment. Do not wait for paperwork that may not come.
The national foreclosure judgment page explains judgments in other states.
Your deadlines and how to count them
- Motion to Vacate Default Judgment of Foreclosure: the Illinois Courts instructions say file as soon as you learn of the default. The court is more likely to grant it if you file no later than 30 days after the date the default judgment was entered (count from the judgment date, not the date you got the notice). You can file it up until the lender files its motion to confirm the sale.
- Redemption: until the date written in the judgment, which for a home is the later of 7 months after service or 3 months after the judgment (735 ILCS 5/15-1603(b)(1)). Court stays and lawsuits do not pause this clock (735 ILCS 5/15-1603(c)).
- To redeem, give the lender's attorney written notice at least 15 days ahead, not counting weekends and court holidays, as the state's redemption rules require.
What to do this week
- Get a copy of the judgment from the circuit clerk and write down the last date to redeem and the amount.
- If you have a reason you did not respond and a defense, file the Motion to Vacate Default Judgment of Foreclosure and the Notice of Motion from the statewide forms page. Each defaulted borrower must file, separately or together.
- If you believe you were never properly served, talk to a lawyer first. A motion to quash service must be filed before or together with the Motion to Vacate.
- Keep pushing a loss mitigation application with your servicer, in writing.
- Look at your options to sell, refinance or redeem before the redemption date. See how to stop foreclosure in Illinois.
Free help in Illinois
- Illinois Legal Aid Online has a guided Motion to Vacate and can connect you to free legal help.
- Illinois Court Help: call or text 833-411-1121.
- Cook County Legal Aid for Housing and Debt: (855) 956-5763 for Cook County residents.
- Illinois Attorney General Homeowner Helpline: 866-544-7151. See Illinois foreclosure help.
The rest of the Illinois process
See how foreclosure works in Illinois, the timeline, ways to stop it and free help in Illinois, or read the national guide to this letter.
Common questions
Who mails the Illinois Notice of Entry of Default and Judgment of Foreclosure?
The Clerk of the Circuit Court, in an envelope with the clerk's return address. Under Rule 113(d), the lender's lawyer prepares it within 2 business days after the default, and the clerk mails it within 5 business days after the default.
Is it too late to vacate an Illinois default judgment after 30 days?
Not always. The Illinois Courts instructions say a judge is more likely to grant the motion within 30 days after the judgment, but you can file it until the lender files its motion to confirm the sale. File as soon as you can.
Can I still redeem my home after a default judgment in Illinois?
Yes, until the redemption date stated in the judgment, by paying the full judgment amount with allowed costs and interest. You can also sell or refinance during this time.
Other Illinois letters
- Summons and Complaint to Foreclose Mortgage, with the Homeowner Notice (Important Information for Homeowners in Foreclosure)In Illinois, every home foreclosure is a lawsuit, and the summons is how it starts for you. You have 30 days after you are served to file an Appearance and Answer, and 90 days to catch up the loan. You still own your home and can keep living there.
- Notice of Sale (judicial sale)An Illinois notice of sale gives the date, time and place of the court-ordered sale of your home. It can be published while you still have time to redeem. The sale is not final until a judge confirms it, and you may still be able to stop or delay it.
- Notice of the motion to confirm the sale, and the order confirming the saleIn Illinois the sale is not final on auction day. The buyer or lender must ask the judge to confirm it, and you must be mailed notice. This hearing is your chance to object. If the judge confirms, the buyer can take possession 30 days later.
- Special Notice of Surplus FundsIf your Illinois foreclosure sale brought in more than the judgment, the extra money may belong to you. This notice tells you the amount and includes a petition form. You claim it by asking the judge in your foreclosure case. You do not need to pay a company to do it.
- Notice to known occupants that control of the property has changedAfter an Illinois foreclosure sale is confirmed, the new owner must tell the people living in the building who now controls it. The notice must say it is NOT a notice to vacate. If you rent, you may have the right to stay for a time, and you cannot be removed without a court order naming you.
Sources
- 735 ILCS 5/15-1506: Judgment
- 735 ILCS 5/15-1603: Redemption
- Illinois Supreme Court Rule 113: Practice and procedure in mortgage foreclosure cases
- Illinois Supreme Court Rule 113 forms (Notice of Entry of Default and Judgment of Foreclosure)
- Illinois Courts: How to Ask the Court to Vacate a Default Judgment of Foreclosure
- Illinois Courts: Approved Statewide Forms, Mortgage Foreclosure