In Illinois, a judicial sale, also known as a sheriff's sale, may sometimes be challenged and potentially disproved under the right circumstances.

How can you challenge a judicial sale?

The following grounds may be used to challenge a judicial sale:

1. Improper notice: The sale may be challenged if the notice of sale was not properly served to the defendant (homeowner) or other parties with an interest in the property.
2. Lack of compliance with statutory requirements: The sale may be challenged if the plaintiff (lender) or the sheriff did not follow the proper procedures outlined in Illinois's judicial sale statute.
3. Fraud or misconduct: The sale may be challenged if the plaintiff, sheriff, or any other party engaged in fraud or misconduct in connection with the sale.
4. Lack of fair market value: The sale may be challenged if the sale price is significantly below fair market value.
5. Bidders were not properly notified: The sale may be challenged if the bidders were not properly notified of the sale and the terms of the sale.
6. Improper posting of notice: The sale may be challenged if the notice of sale was not properly posted in accordance with state law.
7. Unauthorized or illegal action: The sale may be challenged if it is based on unauthorized or illegal action.
8. Lack of title: The sale may be challenged if the plaintiff does not have clear and marketable title to the property.

It's important to note that the challenges must be raised in a timely manner, usually (but not always) before the sale is confirmed.

If you would like to learn more about challenging a judicial sale, an experienced attorney can help you navigate the process. At The Law Center, we are a team of specialists that are passionate about the foreclosure process from start to finish and helping homeowners at the highest level. Our staff and attorneys approach each client and each property as a new challenge, one that requires thorough analysis, zealous representation, and thoughtful strategy. It’s your home, let The Law Center help you defend it.

Call us now and speak with a foreclosure expert on how you can make the foreclosure process work for you -- not against you. (312) 600-8815

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