Steven Grace Law

Chicago Bankruptcy and Foreclosure Defense Attorney
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Facing Foreclosure in Illinois?
Opt for Peace of Mind with Consent Foreclosure.

Traditional foreclosures can be a stressful and uncertain journey. But in Illinois, there’s a smoother path – consent foreclosure. This approach expedites the process, avoids the risks of litigation, and gives a much more certain path to surrendering your property.

How Does it Work?

Imagine a streamlined foreclosure process, agreed upon by both you and your lender. Consent foreclosure lets you:

    1. Filing of the Foreclosure: The main requirement is that a foreclosure case be filed against you. This legal step sets the stage for negotiation and ultimately leads to a court-approved agreement.
    2. Strike a Deal: Once the case is active, you have the opportunity to negotiate terms with the lender’s attorney. This includes discussing a mutually agreeable timeline for vacating the property, determining the manner of key handover, and potentially securing financial incentives like cash for keys.
    3. Skip the Courtroom: Unlike traditional foreclosure, consent foreclosure skips the lengthy and emotionally charged court proceedings. By reaching an agreement outside of court, you save time, minimize stress, and maintain control over the process.
    4. Protect Your Future: A key benefit of consent foreclosure is the total elimination of deficiency judgments. This legal protection ensures you won’t be held personally liable for any remaining debt after the property is sold. You walk away with a clean slate, protecting your future earning potential.
    5. Dignified Path to Recovery: Through consent foreclosure, you take the reins of your financial situation. This proactive approach protects your future financial security, allowing you to move forward with a sense of stability and dignity.

Why Choose Consent Foreclosure?

  • Speed: Compared to traditional foreclosure, it’s significantly faster, minimizing uncertainty and stress.
  • No Future Debt: Consent foreclosure eliminates the risk of deficiency judgments, legally protecting your future earning potential. This benefit is guaranteed by the Illinois consent foreclosure statute.
  • Less Paperwork: Negotiations only take place between the Attorneys, the bank has minimal involvement. No tax returns or income documentation is typically submitted.
  • Cash for Keys Opportunity: Opting not to contest your foreclosure can benefit the bank by saving them time and legal fees. In some cases, they may offer you a financial incentive, known as “cash for keys,” to agree to a consent foreclosure and vacate the property quickly and peacefully.
  • Tax Advantages: Consult with your tax advisor, as potential tax benefits may apply.

Schedule your free consultation today!

Don’t let foreclosure dictate your future.
Choose a consent foreclosure, choose peace of mind.

Common Questions

What Documents Do I Need To Gather For The Consent Foreclosure Process?
The exact documents vary, but typically you’ll need the foreclosure complaint, summons, and key lender communication. We’ll provide a personalized list based on your case.

What Happens If I Can’t Afford To Vacate The Property Early In The Foreclosure Case?
We’ll prioritize terms that suit your situation and work with your lender for a feasible timeline. Initiating consent foreclosure is flexible and can happen at any stage, even after a foreclosure judgment. However, approaching your lender early in the case increases the odds of better terms, like “cash for keys” incentives.

What Are The Specific Tax Implications Of Consent Foreclosure?
While we can’t offer tax advice, we recommend consulting with a tax professional to understand potential benefits or downsides related to your unique circumstances.

What Happens If My Lender Doesn’t Agree To The Consent Foreclosure?
Consent foreclosure offers are rarely rejected if presented properly and promptly. However, in rare cases, specific lienholders (like HUD) might require an auction. Even then, we can negotiate alternative protections for your benefit.