Illinois homeowners have 30 calendar days from service to file an Answer in the Illinois Circuit Court. The Illinois Mortgage Foreclosure Act provides specific protections. Here is how to file your Answer and protect your home.
Illinois is a judicial foreclosure state governed by the Illinois Mortgage Foreclosure Act (735 ILCS 5/15-1501 et seq.). The lender files a Complaint in the Circuit Court. Illinois has specific procedural requirements, including a mandatory grace period notice before filing.
IL Foreclosure Grace Period Notice
Under 735 ILCS 5/15-1502.5, the lender must send you a grace period notice at least 30 days before filing the Complaint. This notice informs you of HUD-approved housing counseling agencies. If not properly served, this is an affirmative defense.
30 Days to File Your Answer
735 ILCS 5/15-1504.5 and Illinois Supreme Court Rule 181: you have 30 days after service to file your Appearance and Answer. Both must be filed.
File an Appearance AND an Answer
Illinois requires two documents: (1) Entry of Appearance — tells the court you are participating, and (2) Answer — responds to each allegation. Both must be filed within 30 days. If you only file an Appearance without an Answer, you may still face default.
Raise Affirmative Defenses
Under the IL Mortgage Foreclosure Act, common defenses include: failure to comply with grace period notice, lack of standing, statute of limitations (10 years under 735 ILCS 5/13-206), improper service, and violations of federal law (TILA, RESPA).
File With the Circuit Court Clerk
File in the Circuit Court in the county where the property is located. No fee for defendant's Appearance and Answer. Serve copies on plaintiff's attorney. After filing, the case proceeds to discovery and potential motion practice.
| Deadline | 30 calendar days (735 ILCS 5/15-1504.5) |
| Court | Illinois Circuit Court, Chancery Division (county of property) |
| Filing Fee | None for Appearance and Answer |
| Required Docs | Entry of Appearance + Answer (both required) |
| Key Law | IL Mortgage Foreclosure Act (735 ILCS 5/15-1501 et seq.) |
Illinois requires both an Entry of Appearance and Answer. Missing either can result in default.
Start Your IL Answer