People come to our offices at many different stages of foreclosure. Some come well before default, because they anticipate problems ahead. Some come to us in the eleventh hour before their home is to be sold. Although every case is different, I will attempt to describe what "too late" generally means after the jump.
A person is too late to mount a foreclosure defense once the judge has confirmed the sheriff's sale. At this point, it may be time for the individual to file a Chapter 7 bankruptcy to avoid any possible deficiency judgments.
Prior to the confirmation of sale, whether someone is "too late" depends on the county in which the property is located and other fact-specific factors. The Illinois Code of Civil Procedure provides two different kinds of motions for setting aside judgments.
One, which I like to call the "easy" motion, is generally granted. This is often used when a potential client comes to us after a default judgment has been entered, but before a sale takes place. In some counties, this "easy" motion may even work after a sale takes place, but before it is confirmed.
The other type of motion is the one I call the "hard" motion. It requires a defendant to establish that he or she had a valid defense to the complaint and exercised due diligence in attempting to fight his or her case. Most people have a tough time proving due diligence, which is why this is the "hard" motion.
Seeking help sooner, rather than later, usually works out in your favor.
While every case is different, there are sometimes situations where nothing can be done. Getting advice from a qualified attorney is often one of the only ways to know with any kind of certainty.
