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Foreclosure Law

Illinois Foreclosure Process: 7 Steps | Chicago Lawyer

By Justin Abdilla, Real Estate Attorney Updated October 2026
30 days to answer after service 90 days to reinstate after service
Facing Foreclosure?

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Picture this: you worked hard to secure a loan to buy a property in Chicago. Life throws a curveball and suddenly you're unable to keep up with mortgage payments. The word you're dreading is foreclosure. It's the legal proceeding where a lender tries to reclaim the money you borrowed by selling the property you bought with the loan.

The numbers are real. According to ATTOM's Year-End 2025 U.S. Foreclosure Market Report, foreclosure filings were reported on 367,460 properties nationwide in 2025, up 14 percent from 2024. Illinois ranked among the worst states in the country all year, appearing in the top five for foreclosure rates in every major reporting period. Chicago consistently ranked among the worst metro areas for completed foreclosures.

For Illinois homeowners, that trend is not academic. It means more families here are facing this process right now than at any point since before the pandemic.

In Illinois, most foreclosures are judicial, meaning they go through the court system. I'll walk you through the process step by step.

Justin Abdilla, an Illinois real estate attorney, wrote this guide. It gives general information, not legal advice. For help with your own case, see Where to Get Free Help.

Mortgage Foreclosure Timeline

The timeline below shows the Illinois judicial foreclosure process on one track and the steps you can take as a homeowner on the other. Both happen at the same time.

Two parallel lanes. The upper red one is the lender's, running through grace period notice, intent to accelerate, acceleration and judgment. The lower orange one is yours, with a small black figure moving along it past loan modification, mediation and reinstatement.
Both tracks run at once. The lender's moves whether you act or not.
Missed Payment Through Day 90

The PreForeclosure Period

The lender will send a notice of missed payments or a notice of default. Your lender will usually send a notice of missed payments or default, and most lenders still allow about 30 days to catch up. Do not treat that window as a legal bar on foreclosure: the statute that required a Grace Period Notice, 735 ILCS 5/15-1502.5, was repealed effective July 1, 2016, so the timeline is a lender courtesy, not a right. Use this time to call a HUD-approved housing counselor.

Day 120 to Day 175

Complaint is Filed

Federal law sets the first limit (12 C.F.R. ยง 1024.41). A servicer generally cannot start a foreclosure until you are more than 120 days behind. After that, the lender files a complaint with the court. A sheriff or special process server then serves you the summons. You must file an appearance and answer within 30 days of service. Lake County's mediation rule can change that deadline (see Step 5). If you do not respond in time, the court may enter a default judgment against you.

Day 1 Through Judgment

Try for a Short Sale or Deed in Lieu

At any point before judgment, you can ask the lender for a settlement, a short sale, or a deed in lieu. A housing counselor or legal aid lawyer can help you ask. Step 3 explains each option.

Day 130 to Day 210+

Serious Litigation Begins

Both parties can exchange documents and information. Errors in the bank's case or the payment history matter most at this stage. Raise them in your answer or in a motion. The lender may move for summary judgment if it believes the facts are not genuinely in dispute. If the court grants it, the court orders a foreclosure sale without a trial.

Later of 7 Months From Service or 3 Months From Judgment

Statutory Redemption Period

Illinois law gives borrowers a redemption period that, on residential property, ends on the later of 7 months from the date you were served or 3 months from entry of the judgment of foreclosure. It shortens to 60 days after judgment if the mortgagee waives any deficiency, and to 30 days if the court finds the property abandoned. During the redemption period you can pay the full redemption amount or sell the property.

After the Redemption Period Expires

Sheriff Sale (735 ILCS 5/15-1507), then Confirmation (15-1508)

If the redemption period expires, the property goes to public auction. The court confirms the sale if it was conducted fairly. The new owner receives a certificate of sale and your ownership rights end. You do not have to be out that day. Under 735 ILCS 5/15-1508(g) the order confirming the sale awards possession to the purchaser as of the date 30 days after the order is entered, and 15-1508(b-5) requires the notice you receive to say so in 12-point boldface capitals. Use those 30 days to move on your own terms rather than the sheriff's. If the sale proceeds don't cover the full debt, the lender can pursue a deficiency judgment for the balance, but only if you were personally served in the foreclosure action or voluntarily entered an appearance in the case.

One change worth knowing: effective January 1, 2025, under 735 ILCS 5/15-1507, Illinois judicial foreclosure sales may now be conducted in person, online, or in a hybrid format. Cook County homeowners can monitor or participate in auctions remotely if the court has approved online bidding procedures for that sale.

Notices, Mediation, and Your First Deadline

The lender's deadlines and yours run at the same time. This table lists each step in order. Each row names who acts and the form or contact for that step.

When What happens and who acts Official form or contact
Day 36 of a missed payment Your servicer must try to reach you by phone or in person. It must then tell you about loss mitigation options, where they apply (12 C.F.R. ยง 1024.39(a)). HUD counselor: (800) 569-4287 or hud.gov/findacounselor
Day 45 Your servicer must send you a written notice. It lists the servicer's contact and the HUD counselor phone number (12 C.F.R. ยง 1024.39(b)). Same HUD contacts
Any time before filing Some lenders send a "grace period notice." Illinois repealed the law that required it on July 1, 2016 (735 ILCS 5/15-1502.5). The letter starts no legal clock. Illinois Attorney General Homeowner Helpline: 866-544-7151
Day 121 or later Your servicer generally must wait until you are more than 120 days behind (12 C.F.R. ยง 1024.41(f)). HUD counselor
Day the summons is served The lender files a complaint. A sheriff or process server serves you the summons. The lender must attach a notice titled "Important Information for Homeowners in Foreclosure" (735 ILCS 5/15-1504.5). Read the notice. It names your servicer.
Same day: county notices Will County: the summons sets a mandatory mediation date. Lake County: mediation notices come with the summons. Cook County: the summons sets a case management date. County table in Step 5
Within 42 days of service (Lake only) You call the program to join mediation and book a housing counselor (19th Cir. LCR 7-2.05). (847) 377-3552
By day 60 after filing (Will only) You attend the pre-mediation meeting in person or on Zoom. If you miss it, your mediation ends (12th Cir. Local Rule 17.06). Will County Circuit Clerk: (815) 727-8592
Before you ask for mediation (Cook only) You meet a free HUD-certified counselor. You file your appearance and answer. Then you file a written motion for mediation (Cook Cir. Ct. R. 21.14). Cook helpline: (855) 452-2637
30 days after service You file an appearance and answer, or another response. If you miss it, the court can enter a default. Mortgage Foreclosure Appearance & Answer; fee waiver form
Lake only: 30 days after mediation ends If mediation ends with no agreement, the stay lifts. You then have 30 days to answer (19th Cir. LCR 7-2.10). Mortgage Foreclosure Appearance & Answer
90 days after service Your right to reinstate the loan ends (735 ILCS 5/15-1602). Ask your servicer in writing for a payoff statement. Your first one is free (735 ILCS 5/15-1504.5). Your servicer, named in the homeowner notice
Mediation does not pause your answer deadline in Cook or Will County. File your appearance and answer within 30 days of service. Lake County is the exception, as Step 5 explains.
1

Missed a Payment? Ask About a Loan Modification

One missed payment does not start foreclosure. After that first miss, the bank flags your loan for pre-foreclosure and gathers paperwork. If your loan servicer recently changed and you're paying someone different, that may be the source of the confusion. Either way, call your servicer and a HUD-approved housing counselor now. Problems grow with each missed payment.

A second missed payment is more serious. At this stage, contact a HUD-approved housing counselor. Counseling is free. The counselor reviews your budget and your options with you.

Vice grip squeezing a wallet, illustrating financial pressure from missed mortgage payments

2025/2026 Loan Modification Guidelines

HAMP and HAFA are long gone. The current standard for Fannie Mae and Freddie Mac loans is the Freddie Mac Flex Modification, which received enhanced guidelines through Bulletin 2024-E and additional servicer updates in early 2026.

The Flex Modification can extend your loan term to 40 years and reduce your principal and interest payment by up to 20 percent. Servicers are required to evaluate borrowers who are 90 to 105 days behind and send eligible homeowners a trial plan offer without waiting for you to apply. The trial period runs three to four months. If you complete it, the modification becomes permanent.

Eligibility basics: Your loan must be owned by Fannie Mae or Freddie Mac. Borrowers less than 90 days delinquent must submit a complete borrower response package. Borrowers 90 or more days past due qualify for a streamlined review. Unemployment is classified as a temporary hardship, which triggers a separate evaluation path before the modification review.

Flex Modifications are not automatically approved. The servicer must conclude that full reinstatement, a repayment plan, or payment deferral is not feasible first. A HUD-approved housing counselor can help you prepare this application for free.

Understanding Foreclosure Assistance: HUD, FHA, and Veteran Programs

The Department of Housing and Urban Development offers free housing counseling services through approved agencies in Illinois. If you're struggling with missed payments, defaults, or credit problems, a HUD counselor can help. Find one at hud.gov/findacounselor or call HUD at (800) 569-4287.

If your mortgage is FHA-insured, you may qualify for an FHA-specific loan modification designed to reduce your monthly payment and avoid foreclosure.

Support for Veterans Facing Foreclosure

If your loan is through the Department of Veterans Affairs, you may qualify for foreclosure prevention assistance. The VA provides financial counseling and works with your lender on modifications, repayment plans, or short sales.

Worried About Cost?

Housing counselors and legal aid are free.

Find a HUD-Approved Counselor
Or call HUD at (800) 569-4287.
2

The Grace Period Notice: A Courtesy Letter, Not a Legal Step

Many Illinois foreclosures still open with a letter that looks like a Grace Period Notice (GPN), telling you the account is in arrears and offering 30 days to seek housing counseling. The statute that required it, 735 ILCS 5/15-1502.5, was repealed effective July 1, 2016. Lenders send it out of habit and because servicing agreements often still call for it. Read it as a warning shot, not a legal step. Receiving one starts no clock, and never receiving one does not mean the lender has to wait.

The original notice language read something like this: "Your loan is overdue by more than 30 days. You might be struggling financially. It could be beneficial to seek approved housing counseling. A grace period of 30 days from the date of this notice has been granted to secure approved housing counseling. During this grace period, we are legally barred from initiating any legal action against you."

Former law, 735 Illinois Compiled Statutes 5/15-1502.5

Got a Grace Period Letter? Act Now

This letter tells you the bank is preparing to foreclose. Gather your mortgage statements, pay stubs, and tax returns. Then call a HUD-approved housing counselor. Homeowners who act early have more options.

After the GPN Comes the Notice of Intent to Accelerate

The Notice of Intent to Accelerate (NIA) means the bank has added you to the foreclosure queue and is calling in the entire loan balance as due right now. They want the full mortgage paid off within 30 days or you face foreclosure. When this notice arrives, call a HUD-approved housing counselor. You can also ask your servicer in writing for your loan records and payment history. Illinois foreclosure law also provides a reinstatement option, covered in Step 7.

3

Planning Your Foreclosure Exit Strategy

From the first missed payment to a confirmed sheriff sale, most Illinois foreclosures run 12 to 18 months. That is enough time to execute a thoughtful exit, but the deadlines inside it are much shorter: 30 days from service to appear, 90 days from service to reinstate, and a redemption period that ends on the later of 7 months from service or 3 months from judgment. The strategies available to you include deed-in-lieu, consent foreclosure, short sales, reinstatements, loan modifications, accepting the proceedings, or selling in foreclosure. Keep every option open as long as you can. The best one depends on your equity, your income, and your deadlines.

Reinstatements: Getting Back on Track

Contact your lender as soon as you know foreclosure is coming. Their phone number is on the bottom left corner of the last page of the foreclosure complaint. Ask for a reinstatement figure. They'll tell you the exact amount needed to bring the loan current, including back principal, interest, fees, and foreclosure costs. Once you pay and receive written confirmation, keep making payments on time.

Deed-in-Lieu of Foreclosure

A deed in lieu is often the simplest path. The homeowner signs the deed over to the bank, and the foreclosure ends. Under 735 ILCS 5/15-1401, an accepted deed in lieu ends your personal liability on the loan. The exception is a separate paper, signed at the same time, in which you agree to stay liable.

Read every page the bank asks you to sign. Legal aid may review the papers for free if you qualify.

Consent Foreclosure: A Quick End to the Case

Consent foreclosure is similar to a deed-in-lieu but the homeowner permits the sheriff to sell the house instead of transferring the deed directly. This is a shortcut to the end of the case. Like a deed-in-lieu, the bank cannot sue the homeowner for any deficiency if the home's value is underwater. This choice usually makes sense only when it prevents something worse, such as a bankruptcy.

Short Sale

Short sales remain the single best opportunity to protect your credit while exiting foreclosure. If you have any equity in the home, a short sale is very achievable. Three things are required. First, you must send a letter of hardship to the lender explaining why you can't continue paying. Second, you list the property with a real estate agent. Third, the bank approves the sales price, commissions, and any cash returned to you at closing.

After the sale closes, the court dismisses the foreclosure case. The typical credit score impact from a short sale is around 100 points. That is much less damage than a completed foreclosure. For that reason, many homeowners choose a short sale to rebuild credit faster.

Find an Investor to Buy Your House

If you want to sell quickly to an investor, start by researching local real estate investment companies, wholesalers, and cash buyers in your area. Price it correctly. Do not use free online tools. Hire a professional for a proper valuation.

Be upfront about the foreclosure when you list. Investors expect this and plan for it. Be ready to close fast. Investors often have specific requirements on terms, including assumption of liens, creative financing structures, or cash payment structures. Working with a real estate attorney through this transaction protects you from agreements that leave you worse off.

Chapter 13 Bankruptcy as a Foreclosure Defense Tool

Filing Chapter 13 bankruptcy immediately triggers what's called an "automatic stay," which halts all foreclosure proceedings. The sale date stops. The case stops. You then have the chance to propose a repayment plan, approved by the bankruptcy court, to catch up on mortgage arrears over three to five years while keeping the home.

Chapter 13 is not the right answer for everyone. It requires steady income, a willingness to commit to a multi-year payment plan, and an understanding of how it affects your other debts and credit. But for homeowners who are close to the redemption deadline or facing an imminent sale date, it can be the most powerful tool available. Talk to a bankruptcy attorney or legal aid before you file.

When Court Becomes the Strategy

If no settlement is reachable, the fight moves to the courtroom. Options still remain. In court, a homeowner can challenge the procedure, the payment history, or the bank's right to enforce the note. This approach typically functions as pressure to force a better settlement rather than a path to outright dismissal.

Be careful with long court fights. Read the fee clause in your mortgage. It may let the lender add its legal fees to your debt. A fight with no clear goal can make your balance grow.

4

Receiving the Foreclosure Summons

When the bank files a Mortgage Foreclosure Complaint, a sheriff or special process server delivers a summons and a copy of the complaint. If someone just handed you a 35-page document at your door, this is exactly where to start reading.

The summons requires everyone who signed the loan and lives in the home to respond. Other lienholders and "Unknown Owners and Non-Record Claimants" are also named. In Illinois, you have 30 days from receipt to appear, answer, or otherwise plead. Some counties add a mediation notice to the summons. Will County sets a mediation date. Lake County explains how to join its program. Kane and DuPage counties have no program.

The lender must also attach a homeowner notice to your summons. Its title is "Important Information for Homeowners in Foreclosure." It comes in English and Spanish. It names your servicer and lists your rights (735 ILCS 5/15-1504.5). One right is a free first payoff statement within 10 business days of a written request.

Do Not Ignore This Summons

The summons triggers severe legal action. It can cost you significant credit score points and thousands of dollars. Neither a housing counselor nor a forensic foreclosure auditor can appear in court in Illinois without a law license. You may legally file your own appearance and answer as an individual, but the 30-day deadline is unforgiving and a mistake in that first filing can cost you defenses permanently. If you have not retained counsel by day 25, file an appearance yourself to protect the deadline. For free help before your deadline, see Where to Get Free Help.

Every Illinois court must accept the statewide foreclosure forms. Use the Mortgage Foreclosure Appearance & Answer to respond. Cannot pay the filing fee? File the Application for Waiver of Court Fees. Illinois Legal Aid Online fills in the forms with you for free.

Lady justice holding scales, representing courtroom foreclosure defense in Illinois
5

Court Mediation, Where Your County Offers It

Mediation is a private meeting between you, the lender, and a neutral mediator. The mediator helps both sides talk. The mediator cannot force an agreement. Possible results include a loan modification, a short sale, a deed in lieu, or a consent foreclosure. Only some Illinois counties run a foreclosure program.

Each program starts with your finances. Meet a HUD-approved housing counselor first. Cook County requires that meeting before mediation. Bring tax returns, pay stubs, and monthly bills. The lender uses them to decide what you can pay.

County Foreclosure Mediation Programs (checked October 2026)

County Program today Contact
Cook Free. You opt in by written motion. Helpline (855) 452-2637
Kane None. Closed in 2023. Neighbor Project (630) 906-9400
Will Free. Mandatory date on summons. Circuit Clerk (815) 727-8592
Lake Free. Call within 42 days. Program (847) 377-3552
DuPage None. Counseling only. H.O.M.E. DuPage (630) 260-2500

Cook. The Circuit Court of Cook County runs the Mortgage Foreclosure Mediation Program. It covers owner-occupied homes of one to four units. First, call the helpline for a free housing counselor. Next, file your appearance and answer. Then ask the judge for mediation in a written motion. The court can appoint a free mediator. Not in foreclosure yet? Call Cook County Legal Aid for Housing and Debt at (855) 956-5763. Sources: Chancery Division Mediation; Cook Cir. Ct. R. 21.14.

Kane. Kane County closed its foreclosure mediation program in 2023. The court took no new cases after April 17, 2023. The program ended June 30, 2023. Nothing replaced it. A HUD-approved counselor can still help you. Prairie State Legal Services gives free legal help to homeowners who qualify at (630) 690-2130. Source: 16th Circuit General Order 23-09.

Will. Will County requires mediation in residential foreclosures. Your summons gives the date of a pre-mediation meeting. You can attend in Room 440 at 100 W. Jefferson Street, Joliet, or on Zoom. If you do not attend, the court ends your mediation. Your answer is still due within 30 days of service, as your summons says. For free counseling, call the Will County Center for Community Concerns at (815) 722-0722. Source: Will County summons and Notice of Mandatory Mediation.

Lake. Lake County pauses each residential foreclosure for 42 days after service. Call the program within those 42 days to join. A HUD-certified counselor helps you build your file. If mediation ends with no deal, you have 30 days to answer. Housing counseling: Community Partners for Affordable Housing, (847) 263-7478. Sources: 19th Circuit program page; LCR 7-2.00.

DuPage. DuPage County has no foreclosure mediation program. The court refers homeowners to counseling and legal aid. H.O.M.E. DuPage is a HUD-certified agency. Source: DuPage Courts Foreclosure Assistance.

What Happens if Mediation Succeeds

A successful mediation ends in a written agreement. It might be a loan modification, a trial payment plan, short sale approval, or a consent foreclosure. Read every term before you sign. The written agreement controls what happens next. Legal aid may review it for free if you qualify.

What Happens if Mediation Fails

If mediation fails, the case goes back to the judge. Your answer deadline depends on the county. In Lake County, you get 30 days after mediation ends. In Cook County, your answer is already on file before mediation starts. In Will County, answer within 30 days of service, as your summons says.

Need Help With Your Case?

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6

Responding in Court

Filing an Appearance and a pleading is your obligation to the court. You can file an Answer that goes through the complaint line by line, admitting or denying each allegation. Alternatively, you can file a motion to dismiss if the complaint is defective. Filing these incorrectly can cost you many of your rights.

Motions to Dismiss in Illinois Foreclosure Cases

Before the first court date, check the complaint for defects. Look at how you were served and at the face of the document. These are "use it or lose it" motions. If you don't raise them immediately, you forfeit them. They are called 2-615 motions and are purely procedural.

Factual motions also exist, such as "this is the wrong bank" or "this loan was discharged in bankruptcy." These 2-619 motions require evidence to support them. Some motions must be filed early, or you lose the right to raise them.

Defending a Foreclosure Summary Judgment

The lender often moves for summary judgment. Before that hearing, check the payment history and the interest math. Ask the lender for the signed loan documents. Ask who can approve a settlement. If a sale date nears during a hardship, you can ask the court to delay it. The statewide Motion to Stay Foreclosure Sale form is free.

Coins and foreclosure property model sitting on a building blueprint
7

Reinstatement: The Last Chance to Halt the Foreclosure

If everything else fails, one guaranteed option remains. In Illinois, you have a right to reinstate your loan by curing the default within 90 days of the date you were served with the summons, or otherwise submitted to the court's jurisdiction. The clock runs from service, not from the date the complaint was filed, so two homeowners named in the same case can have different deadlines (735 ILCS 5/15-1602). Reinstatement means paying off everything you owe: back principal, interest, escrow, and attorney fees for both sides.

This typically costs $10,000 or more, depending on how long the loan has been in default. It is the only guaranteed path out of the courtroom.

Watch the 90-day window. Once 90 days pass from the date you were served, the right to reinstate expires. If you were served by publication, the clock runs from the first date of publication. Write the 90-day date on your calendar. Ask your servicer in writing for a reinstatement figure well before it.

Anyone else who holds a lien on the property, such as an HOA or a second mortgage lender, may also need to get paid as part of reinstatement. Ask each lienholder for its payoff in writing. A paid assessment letter from the association is a common requirement.

Conclusion

Foreclosure is hard, but you have choices at every stage. Some choices keep the home. Others limit the damage to your credit and your savings. Free help exists in every county this guide covers. Start with a HUD-approved housing counselor. Then call legal aid before your 30-day deadline.

Illinois foreclosure rates in 2025 were among the highest in the country. If you're in this situation right now, you are not alone. Free help is listed below.

Justin Abdilla, Illinois real estate attorney

Justin Abdilla

Justin Abdilla is an Illinois real estate attorney. This guide is general information, not legal advice.

Where to Get Free Help

Free help exists at every stage. Start with a housing counselor. Call legal aid before your 30-day deadline. Never pay anyone up front to save your home.

Housing counselor: (800) 569-4287 Answer deadline: 30 days after service

Housing Counseling

State Help Lines

Free Legal Help and Court Forms

Help by County

County Free legal help Court help or mediation
Cook CCLAHD (855) 956-5763 Mediation helpline (855) 452-2637
Kane Prairie State (630) 690-2130 Law Library (630) 406-7126
Will Prairie State (815) 727-5123 Mediation date on summons
Lake Prairie State (847) 662-6925 Program (847) 377-3552
DuPage Prairie State (630) 690-2130 Law Library (630) 407-8811

Never pay anyone up front to stop a foreclosure. Counselors and legal aid do not charge for this help.

Further Reading

Resources

Free Help

Start with a HUD-approved housing counselor.

Find a Counselor
Or call HUD at (800) 569-4287.
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Frequently Asked Questions

How long does a foreclosure take in Illinois?
Illinois is a judicial foreclosure state. From the first missed payment through the sheriff sale, the entire process typically takes 12 to 18 months or longer. You have a right to reinstate the loan by curing the default within 90 days of the date you were served with the summons, not from the date the complaint was filed (735 ILCS 5/15-1602). Redemption is a separate right: on residential property it ends on the later of 7 months from service or 3 months from entry of the judgment of foreclosure, and it can be shortened to 60 days if the mortgagee waives any deficiency, or 30 days if the court finds the property abandoned (735 ILCS 5/15-1603(b)).
What is the Illinois Grace Period Notice?
A Grace Period Notice (GPN) is a letter sent by the bank once your loan is more than 30 days past due. Though the statute requiring it (735 ILCS 5/15-1502.5) has been repealed, lenders still widely send this notice as a precursor to formal foreclosure filings.
Can I stop a foreclosure in Illinois?
Yes. Illinois homeowners have several tools to stop or exit foreclosure: loan modifications, reinstatement, short sales, deed-in-lieu of foreclosure, consent foreclosure, and courtroom defenses. The right strategy depends on your equity position, income, and how far along the case is.
Does my county offer foreclosure mediation?
Cook, Will, and Lake counties run free programs. Kane County closed its program in 2023. DuPage County has no program. Will County sets a mandatory date on your summons. In Cook and Lake counties, you must ask to join.
Do I need a foreclosure attorney in Illinois?
No law requires one. You may file your own appearance and answer within 30 days of service. A mistake in that first filing can cost you defenses. Legal aid and court help desks can help, often for free. Housing counselors cannot represent you in court.
Where can I get free foreclosure help in Illinois?
HUD-approved housing counselors are free. Find one at hud.gov/findacounselor or call (800) 569-4287. Legal aid is free for homeowners who qualify. The Illinois Attorney General's Homeowner Helpline is 866-544-7151.