deficiency judgment foreclosure, Illinois real estate lawyerMillions of Americans have lost their homes to foreclosure since the 2008 subprime mortgage crisis. And for thousands of former homeowners–including in Illinois–the foreclosure nightmare is ongoing.

After a homeowner defaults on his mortgage payments, the lender files a foreclosure action. The house then becomes subject to a foreclosure sale, the proceeds of which go to the bank. However, a foreclosure sale will not necessarily generate enough proceeds to cover the bank’s expenses (i.e., what the homeowner owes to the bank). Such was the norm after the recent housing crisis.

Now, years later, some lenders are pursuing deficiency judgments to recoup borrowers’ old debts. Specifically, the “deficiency” is the difference between how much the property sold for at auction and the amount that was still due on the loan. Lenders can freeze the borrower’s bank account, garnish his wages and seize his assets in order to recover that difference, or at least a portion of it.

Foreclosure Defenses

There are numerous foreclosure defenses available under Illinois and federal law, which can also be invoked when a lender seeks a deficiency judgment. For example:

If you are a victim of the 2008 housing crisis and lost your home to foreclosure, you could face a deficiency judgment in Illinois court. If your lender initiates a foreclosure action against you, contact one of our Sugar Grove real estate attorneys at Law Office of James F. White, P.C. today. We have experience defending against unfair foreclosure actions, including deficiency judgments. Contact us today for a consultation.