Illinois Homeowner Resource
Take a breath. A lis pendens is a notice, not the end of the road. You still own your home, you still have time, and you likely have more options than it feels like right now. This page walks through them, calmly.
If you just found out a lis pendens was recorded against your property, you are probably feeling a lot at once. The most useful first step is understanding exactly what this document is, and what it is not.
Lis pendens is Latin for "a suit is pending." It is a notice, filed in the public record, that a lawsuit has been started that affects the title to a specific property. In the foreclosure context, a lender records a lis pendens when it opens its court case. It tells the world that the property's ownership is tied up in a pending case.
That is all it is: a notice that a case exists. It is not a judgment, not an eviction, and not a sale of your home.
Illinois is a judicial foreclosure state, which means a foreclosure has to go through the courts. That process takes time, often many months from the first filing to any sale. For a homeowner, that is good news: it usually means you have more room to make a calm, informed decision than the panic of the moment suggests. Illinois law also gives homeowners specific rights during this window, including rights to bring the loan current and to redeem the property within certain periods. The exact dates depend on your case, which is why talking to an attorney early is worth it.
Which of these fits depends on your equity, your income, and what you want to happen. Some keep you in the home. Some help you move on cleanly and protect your credit and any equity you have built. An honest conversation, and in most cases an attorney, will help you narrow it down.
Bring the loan current by paying the past-due amount. If the hardship was temporary and is behind you, this can stop the case in its tracks.
Your servicer may adjust the terms so the payment is manageable. A HUD-approved housing counselor can help you request this at no cost.
If you qualify, a new loan can replace the old one on better terms.
If you have equity, selling can pay off the loan, protect that equity, and keep a foreclosure off your record. A broker can tell you quickly what your home is likely worth.
When time is short, a cash-ready buyer can close fast. It is still a normal, brokered sale, just on a faster track for sellers who need certainty.
If you owe more than the home is worth, the lender may agree to accept less than the full balance. A broker negotiates this with the lender on your behalf.
In some situations a deed in lieu, bankruptcy, or another legal step is the right path. These are decisions to make with a licensed attorney.
The Illinois Lis Pendens Homeowner Guide walks through each option in more detail, with a simple checklist and the questions to ask. Free, no obligation.
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It is a public notice that a lawsuit affecting a property's title has been filed. In foreclosure, the lender records it when the court case begins. It signals that the property is involved in a pending case; it is not itself a judgment or a sale.
No. It is the start of a legal process, not the end of it. Homeowners regularly resolve the situation after a lis pendens is filed, by reinstating, modifying, refinancing, or selling. You have decision time.
Because Illinois foreclosures go through the courts, the process usually spans many months, and the law provides periods to catch up or redeem. Your exact deadlines depend on your case, so confirm them with an attorney rather than assuming the worst.
Often yes, and it is frequently the smartest move. If you have equity, a sale can pay off the loan and protect that equity. If you are underwater, a short sale may be possible. A broker can walk you through which applies.
No. The lis pendens is the early notice that a foreclosure case has started. Foreclosure is the full court process that may follow. There is meaningful distance between the two.
Yes. You remain the owner and can stay in your home while the process plays out. A lis pendens does not force you to move.
For anything involving your legal rights and deadlines, yes, talk to a licensed Illinois attorney. If selling turns out to be the right move, that is where a real estate broker comes in. A HUD-approved housing counselor can also help for free.
Tom Mackrola is a licensed Illinois real estate broker with Delta Realty, Corp., based in Oak Lawn and working across Chicagoland. He has sat with homeowners through exactly this moment. The goal of a conversation is simple: understand your situation, lay out your options in plain terms, and help you make a calm decision, whatever that turns out to be. No pressure, and no obligation.
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Tom Mackrola Homes · Delta Realty, Corp. · 4949 W. 95th Street, Oak Lawn, IL 60453 · Illinois License #478008353.