Please note that this answer discusses the Illinois grace period notice requirement, which expired on July 1, 2016, pursuant to a sunset provision. Please see 735 ILCS 5/15-1502.5.

The Illinois Code of Civil Procedure does not require that banks send the notice at any particular time; instead, it prohibits banks from filing for foreclosure until thirty days after the notice was mailed.  735 ILCS 5/15-1502.5(d). However, we note that the longer that the bank waits before sending notices, the more problems that may arise due to the delay. For example, a borrower may go deeper into debt during the delay and may not be aware of the housing counseling options that are described in the notice. And, disparate impact issues could arise if the bank chooses to send this notice only to certain borrowers, even if the bank has no intention of discriminating against a protected class.