Illinois Mortgage Foreclosure Law - Statutes

735 ILCS 5/ Code of Civil Procedure.
Page 1 of 55
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CIVIL PROCEDURE
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. XV heading)

ARTICLE XV
MORTGAGE FORECLOSURE
(735 ILCS 5/Art. XV Pt. 11 heading)

Part 11. General Provisions
(735 ILCS 5/15-1101) (from Ch. 110, par. 15-1101)

Sec. 15-1101. Title. This Article shall be known, and may
be cited, as the Illinois Mortgage Foreclosure Law.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1102) (from Ch. 110, par. 15-1102)

Sec. 15-1102. Enforcement. The Court has full power to
enforce any order entered pursuant to this Article by contempt
process or by such other order as may be appropriate.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1103) (from Ch. 110, par. 15-1103)

Sec. 15-1103. Jurisdiction. The authority of the court
continues during the entire pendency of the foreclosure and
until disposition of all matters arising out of the
foreclosure.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1104) (from Ch. 110, par. 15-1104)

Sec. 15-1104. Wrongful Inducement of Abandonment. Any
person who willfully misrepresents to the Court any fact
resulting in a finding of abandonment of mortgaged real estate
in connection with subsection (b) of Section 15-1603 or
subsection (d) of Section 15-1706 of this Article or who
threatens to injure the person or property of occupants of
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mortgaged real estate, or who knowingly gives such occupants

false and misleading information, or who harasses or
intimidates such occupants, with the intent of inducing such
occupants to abandon the mortgaged premises, in order to
obtain a finding of abandonment under subsection (b) of
Section 15-1603 or subsection (d) of Section 15-1706 of this
Article, shall be guilty of a Class B misdemeanor.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1105) (from Ch. 110, par. 15-1105)

Sec. 15-1105. Interpretation. (a) "May." The word "may" as
used in this Article means permissive and not mandatory.
(b) "Shall." The word "shall" as used in this Article
means mandatory and not permissive.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1106) (from Ch. 110, par. 15-1106)

Sec. 15-1106. Applicability of Article. (a) Exclusive
Procedure. From and after the effective date of this
amendatory Act of 1986, the following shall be foreclosed in a
foreclosure pursuant to this Article:
(1) any mortgage created prior to, on or after the
effective date of this amendatory Act of 1986;
(2) any real estate installment contract for residential
real estate entered into on or after the effective date of
this amendatory Act of 1986 and under which (i) the purchase
price is to be paid in installments over a period in excess of
five years and (ii) the amount unpaid under the terms of the
contract at the time of the filing of the foreclosure
complaint, including principal and due and unpaid interest, at
the rate prior to default, is less than 80% of the original
purchase price of the real estate as stated in the contract;
(3) any collateral assignment of beneficial interest made
on or after the effective date of this amendatory Act of 1986
(i) which is made with respect to a land trust which was
created contemporaneously with the collateral assignment of
beneficial interest, (ii) which is made pursuant to a
requirement of the holder of the obligation to secure the
payment of money or performance of other obligations and (iii)
as to which the security agreement or other writing creating
the collateral assignment permits the real estate which is the
subject of the land trust to be sold to satisfy the
obligations.
(b) Uniform Commercial Code. A secured party, as defined
in Article 9 of the Uniform Commercial Code, may at its
election enforce its security interest in a foreclosure under
this Article if its security interest was created on or after
the effective date of this amendatory Act of 1986 and is
created by (i) a collateral assignment of beneficial interest
in a land trust or (ii) an assignment for security of a
buyer's interest in a real estate installment contract. Such
election shall be made by filing a complaint stating that it
is brought under this Article, in which event the provisions
of this Article shall be exclusive in such foreclosure.
(c) Real Estate Installment Contracts. A contract seller
may at its election enforce in a foreclosure under this
Article any real estate installment contract entered into on
or after the effective date of this Amendatory Act of 1986 and

not required to be foreclosed under this Article. Such
election shall be made by filing a complaint stating that it
is brought under this Article, in which event the provisions
of this Article shall be exclusive in such foreclosure. A
contract seller must enforce its contract under this Article
if the real estate installment contract is one described in
paragraph (2) of subsection (a) of Section 15-1106.
(d) Effect of Election. An election made pursuant to
subsection (b) or (c) of Section 15-1106 shall be binding only
in the foreclosure and shall be void if the foreclosure is
terminated prior to entry of judgment.
(e) Supplementary General Principles of Law. General
principles of law and equity, such as those relating to
capacity to contract, principal and agent, marshalling of
assets, priority, subrogation, estoppel, fraud,
misrepresentations, duress, collusion, mistake, bankruptcy or
other validating or invalidating cause, supplement this
Article unless displaced by a particular provision of it.
Section 9-110 of the Code of Civil Procedure shall not be
applicable to any real estate installment contract which is
foreclosed under this Article.
(f) Pending Actions. A complaint to foreclose a mortgage
filed before July 1, 1987, and all proceedings and third party
actions in connection therewith, shall be adjudicated pursuant
to the Illinois statutes and applicable law in effect
immediately prior to July 1, 1987. Such statutes shall remain
in effect with respect to such complaint, proceedings and
third party actions notwithstanding the amendment or repeal of
such statutes on or after July 1, 1987.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1107) (from Ch. 110, par. 15-1107)

Sec. 15-1107. Mode of Procedure.
(a) Other Statutes. Except as otherwise provided in this
Article, the mode of procedure, including the manner of
service of pleadings and other papers and service by
publication, shall be in accordance with the provisions of
Article II of the Illinois Code of Civil Procedure and any
other statutes of this State which are from time to time
applicable, and with Illinois Supreme Court Rules applicable
to actions generally or otherwise applicable. If a mortgage
lien is being foreclosed under this Article and one or more
non-mortgage liens or encumbrances is being foreclosed or
enforced in the same proceedings, then, regardless of the
respective priorities of the various liens or encumbrances,
the procedures and all other provisions of this Article shall
govern such proceedings, and any inconsistent statutory
provisions shall not be applicable. Without limiting the
foregoing, any provision of Article XII or any other Article
of the Code of Civil Procedure shall apply unless inconsistent
with this Article and, in case of such inconsistency, shall
not be applicable to actions under this Article.
(b) Mechanics' Liens. Mechanics' liens shall be enforced
as provided in the Mechanics Lien Act; provided, however, that
any mechanics' lien claimant may assert such lien in a
foreclosure under this Article, may intervene in such
foreclosure in accordance with this Article and may be made a

party in such foreclosure.
(c) Instruments Deemed a Mortgage. For the purpose of
proceeding under this Article, any instrument described in
paragraph (2) or (3) of subsection (a) of Section 15-1106, or
in subsection (b) or (c) of Section 15-1106 which is
foreclosed under this Article shall be deemed a mortgage. For
such purpose, the real estate installment contract purchaser,
the assignor of the beneficial interest in the land trust and
the debtor, as appropriate, shall be deemed the mortgagor, and
the real estate installment contract seller, the assignee of
the beneficial interest in the land trust and the secured
party, as appropriate, shall be deemed the mortgagee.
(Source: P.A. 96-328, eff. 8-11-09.)

Part 12. Definitions
(735 ILCS 5/15-1201) (from Ch. 110, par. 15-1201)

Sec. 15-1201. Agricultural Real Estate. "Agricultural real
estate" means real estate which is used primarily (i) for the
growing and harvesting of crops, (ii) for the feeding,
breeding and management of livestock, (iii) for dairying, or
(iv) for any other agricultural or horticultural use or
combination thereof, including without limitation,
aquaculture, silviculture, and any other activities
customarily engaged in by persons engaged in the business of
farming.
(Source: P.A. 95-331, eff. 8-21-07.)
(735 ILCS 5/15-1202) (from Ch. 110, par. 15-1202)

Sec. 15-1202. Collateral Assignment of Beneficial
Interest. "Collateral assignment of beneficial interest" means
any pledge or assignment of the beneficial interest in a land
trust to any person to secure a debt or other obligation.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1202.5)

Sec. 15-1202.5. Dwelling unit. For the purposes of
Sections 15-1508.5, 15-1703, and 15-1704 only, "dwelling unit"
means a room or suite of rooms providing complete, independent
living facilities for at least one person, including permanent
provisions for sanitation, cooking, eating, sleeping, and
other activities routinely associated with daily life.
(Source: P.A. 96-111, eff. 10-29-09.)
(735 ILCS 5/15-1203) (from Ch. 110, par. 15-1203)

Sec. 15-1203. Foreclosure. "Foreclosure" means an action
commenced under this Article and "to foreclose" means to
terminate legal and equitable interests in real estate
pursuant to a foreclosure.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1204) (from Ch. 110, par. 15-1204)

Sec. 15-1204. Guarantor. "Guarantor" means any person who
has undertaken to pay any indebtedness or perform any
obligation of a mortgagor under a mortgage or of any other
person who owes payment or the performance of other
obligations secured by the mortgage, which undertaking is made
by a guaranty or surety agreement of any kind.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1205) (from Ch. 110, par. 15-1205)

Sec. 15-1205. Land Trust. "Land trust" means any trust
arrangement under which the legal and equitable title to real
estate is held by a trustee, the interest of the beneficiary
of the trust is personal property and the beneficiary or any
person designated in writing by the beneficiary has (i) the
exclusive power to direct or control the trustee in dealing
with the title to the trust property, (ii) the exclusive
control of the management, operation, renting and selling of
the trust property and (iii) the exclusive right to the
earnings, avails and proceeds of the trust property.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1206) (from Ch. 110, par. 15-1206)

Sec. 15-1206. Mechanics' Lien. "Mechanics' lien" or
"mechanics' lien claim" means a lien or claim arising under
the Mechanics Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
(735 ILCS 5/15-1207) (from Ch. 110, par. 15-1207)

Sec. 15-1207. Mortgage. "Mortgage" means any consensual
lien created by a written instrument which grants or retains
an interest in real estate to secure a debt or other
obligation. The term "mortgage" includes, without limitation:
(a) mortgages securing "reverse mortgage" loans as
authorized by subsection (a) of Section 5 of the Illinois
Banking Act;
(b) mortgages securing "revolving credit" loans as
authorized by subsection (c) of Section 5 of the Illinois
Banking Act, Section 1-6b of the Illinois Savings and Loan Act
and Section 46 of the Illinois Credit Union Act;
(c) every deed conveying real estate, although an absolute
conveyance in its terms, which shall have been intended only
as a security in the nature of a mortgage;
(d) equitable mortgages; and
(e) instruments which would have been deemed instruments
in the nature of a mortgage prior to the effective date of
this amendatory Act of 1987.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1208) (from Ch. 110, par. 15-1208)

Sec. 15-1208. Mortgagee. "Mortgagee" means (i) the holder
of an indebtedness or obligee of a non-monetary obligation
secured by a mortgage or any person designated or authorized
to act on behalf of such holder and (ii) any person claiming
through a mortgagee as successor.

(Source: P.A. 84-1462.)
(735 ILCS 5/15-1209) (from Ch. 110, par. 15-1209)

Sec. 15-1209. Mortgagor. "Mortgagor" means (i) the person
whose interest in the real estate is the subject of the
mortgage and (ii) any person claiming through a mortgagor as
successor. Where a mortgage is executed by a trustee of a land
trust, the mortgagor is the trustee and not the beneficiary or
beneficiaries.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1210) (from Ch. 110, par. 15-1210)

Sec. 15-1210. Nonrecord Claimant. "Nonrecord claimant"
means any person (i) who has or claims to have an interest in
mortgaged real estate, (ii) whose name or interest, at the
time a notice of foreclosure is recorded in accordance with
Section 15-1503, is not disclosed of record either (1) by
means of a recorded notice or (2) by means of a proceeding
which under the law as in effect at the time the foreclosure
is commenced would afford constructive notice of the existence
of such interest and (iii) whose interest falls in any of the
following categories: (1) right of homestead, (2) judgment
creditor, (3) beneficial interest under any trust other than
the beneficial interest of a beneficiary of a trust in actual
possession of all or part of the real estate or (4) mechanics'
lien claim. Notwithstanding the foregoing, for the purpose of
this Article no proceeding shall be deemed to constitute
constructive notice of the interest of any nonrecord claimant
in the mortgaged real estate unless in the proceeding there is
a legal description of the real estate sufficient to identify
it with reasonable certainty. The classification of any person
as a nonrecord claimant under the foregoing definition shall
not be affected by any actual notice or knowledge of or
attributable to the mortgagee.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1211) (from Ch. 110, par. 15-1211)

Sec. 15-1211. Notice of Foreclosure. "Notice of
foreclosure" means the notice of a foreclosure which is made
and recorded in accordance with Section 15-1503 of this
Article.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1212) (from Ch. 110, par. 15-1212)

Sec. 15-1212. Owner of Redemption. "Owner of redemption"
means a mortgagor, or other owner or co-owner of the mortgaged
real estate.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1213) (from Ch. 110, par. 15-1213)

Sec. 15-1213. Real Estate. "Real estate" means land or any
estate or interest in, over or under land (including minerals,
air rights, structures, fixtures and other things which by

custom, usage or law pass with a conveyance of land though not
described or mentioned in the contract of sale or instrument
of conveyance). "Mortgaged real estate" means the real estate
which is the subject of a mortgage.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1214) (from Ch. 110, par. 15-1214)

Sec. 15-1214. Real Estate Installment Contract. "Real
estate installment contract" means any agreement or contract
for a deed under which the purchase price is to be paid in
installments with title to the real estate to be conveyed to
the buyer upon payment of the purchase price or a specified
portion thereof. For the purpose of this definition, an
earnest money deposit shall not be considered an installment.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1215) (from Ch. 110, par. 15-1215)

Sec. 15-1215. Receiver. "Receiver" means a receiver
appointed pursuant to Section 15-1704 of this Article.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1216) (from Ch. 110, par. 15-1216)

Sec. 15-1216. Recorder. "Recorder" means (i) the Recorder
of the county in which the mortgaged real estate is located or
(ii) if the mortgaged real estate is registered under the
Torrens Act, the Registrar of Titles of the county in which
the mortgaged real estate is located. "Recorder" includes any
authorized assistant or employee of the Recorder.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1217) (from Ch. 110, par. 15-1217)

Sec. 15-1217. Recording of Instruments. "Recording of
instruments" or "to record" means to present to the Recorder a
document, in recordable form, which is to be recorded in
accordance with Section 3-5024 of the Counties Code, together
with the required recording fee. The Registrar of Titles shall
accept the filing of notices or affidavits required or
permitted by this Article without the necessity of the
production of evidence of title.
(Source: P.A. 96-328, eff. 8-11-09.)
(735 ILCS 5/15-1218) (from Ch. 110, par. 15-1218)

Sec. 15-1218. Recorded Notice. "Recorded notice" with
respect to any real estate means (i) any instrument filed in
accordance with Sections 2-1901 or 12-101 of the Code of Civil
Procedure or (ii) any recorded instrument which discloses (a)
the names and addresses of the persons making the claim or
asserting the interest described in the notice; (b) that such
persons have or claim some interest in or lien on the subject
real estate; (c) the nature of the claim; (d) the names of the
persons against whom the claim is made; (e) a legal
description of the real estate sufficient to identify it with
reasonable certainty; (f) the name and address of the person

executing the notice; and (g) the name and address of the
person preparing the notice.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219)

Sec. 15-1219. Residential Real Estate. "Residential real
estate" means any real estate, except a single tract of
agricultural real estate consisting of more than 40 acres,
which is improved with a single family residence or
residential condominium units or a multiple dwelling structure
containing single family dwelling units for six or fewer
families living independently of each other, which residence,
or at least one of which condominium or dwelling units, is
occupied as a principal residence either (i) if a mortgagor is
an individual, by that mortgagor, that mortgagor's spouse or
that mortgagor's descendants, or (ii) if a mortgagor is a
trustee of a trust or an executor or administrator of an
estate, by a beneficiary of that trust or estate or by such
beneficiary's spouse or descendants or (iii) if a mortgagor is
a corporation, by persons owning collectively at least 50
percent of the shares of voting stock of such corporation or
by a spouse or descendants of such persons. The use of a
portion of residential real estate for non-residential
purposes shall not affect the characterization of such real
estate as residential real estate.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1220) (from Ch. 110, par. 15-1220)

Sec. 15-1220. Statutory Judgment Rate. "Statutory judgment
rate" means the rate of interest on judgments specified in
Section 2-1303 of the Code of Civil Procedure.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1221) (from Ch. 110, par. 15-1221)

Sec. 15-1221. Unknown Owner. "Unknown owner" means the
same as "unknown owner" as used in Section 2-413 of the Code
of Civil Procedure.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1222) (from Ch. 110, par. 15-1222)

Sec. 15-1222. Acts Referred to in this Article. Acts
referred to by name in this Article shall mean those Acts, as
amended from time to time, and, in particular:
(a) "Torrens Act" means "An act concerning land titles",
approved May 1, 1897.
(b) (Blank).
(c) "Mechanics Lien Act" means the Mechanics Lien Act, 770
ILCS 60/Act.
(Source: P.A. 96-328, eff. 8-11-09.)
(735 ILCS 5/15-1223)

Sec. 15-1223. Occupant. "Occupant" means a person in
lawful physical possession of all or part of the mortgaged

real estate.
(Source: P.A. 88-265.)

Part 13. Mortgage Lien Priorities
(735 ILCS 5/15-1301) (from Ch. 110, par. 15-1301)

Sec. 15-1301. Lien Created. Except as provided in Section
15-1302, from the time a mortgage is recorded it shall be a
lien upon the real estate that is the subject of the mortgage
for all monies advanced or applied or other obligations
secured in accordance with the terms of the mortgage or as
authorized by law, including the amounts specified in a
judgment of foreclosure in accordance with subsection (d) of
Section 15-1603.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1302) (from Ch. 110, par. 15-1302)

Sec. 15-1302. Certain Future Advances.
(a) Advances Made After Eighteen Months. Except as
provided in subsection (b) of Section 15-1302, as to any
monies advanced or applied more than 18 months after a
mortgage is recorded, the mortgage shall be a lien as to
subsequent purchasers and judgment creditors only from the
time such monies are advanced or applied. However, nothing in
this Section shall affect any lien arising or existing by
virtue of the Mechanics Lien Act.
(b) Exceptions.
(1) All monies advanced or applied pursuant to
commitment, whenever advanced or applied, shall be a lien
from the time the mortgage is recorded. An advance shall
be deemed made pursuant to commitment only if the
mortgagee has bound itself to make such advance in the
mortgage or in an instrument executed contemporaneously
with, and referred to in, the mortgage, whether or not a
subsequent event of default or other event not within the
mortgagee's control has relieved or may relieve the
mortgagee from its obligation.
(2) All monies advanced or applied, whenever advanced
or applied, in accordance with the terms of a reverse
mortgage shall be a lien from the time the mortgage is
recorded.
(3) All monies advanced or applied in accordance with
the terms of a revolving credit arrangement secured by a
mortgage as authorized by law shall be a lien from the
time the mortgage is recorded.
(4) All interest which in accordance with the terms
of a mortgage is accrued or added to the principal amount
secured by the mortgage, whenever added, shall be a lien
from the time the mortgage is recorded.
(5) All monies advanced by the mortgagee in
accordance with the terms of a mortgage to (i) preserve or
restore the mortgaged real estate, (ii) preserve the lien
of the mortgage or the priority thereof or (iii) enforce
the mortgage, shall be a lien from the time the mortgage

is recorded.
(Source: P.A. 96-328, eff. 8-11-09.)

Part 14. Methods of Terminating
Mortgagor's Interest in Real Estate
(735 ILCS 5/15-1401) (from Ch. 110, par. 15-1401)

Sec. 15-1401. Deed in Lieu of Foreclosure. The mortgagor
and mortgagee may agree on a termination of the mortgagor's
interest in the mortgaged real estate after a default by a
mortgagor. Any mortgagee or mortgagee's nominee may accept a
deed from the mortgagor in lieu of foreclosure subject to any
other claims or liens affecting the real estate. Acceptance of
a deed in lieu of foreclosure shall relieve from personal
liability all persons who may owe payment or the performance
of other obligations secured by the mortgage, including
guarantors of such indebtedness or obligations, except to the
extent a person agrees not to be relieved in an instrument
executed contemporaneously. A deed in lieu of foreclosure,
whether to the mortgagee or mortgagee's nominee, shall not
effect a merger of the mortgagee's interest as mortgagee and
the mortgagee's interest derived from the deed in lieu of
foreclosure. The mere tender of an executed deed by the
mortgagor or the recording of a deed by the mortgagor to the
mortgagee shall not constitute acceptance by the mortgagee of
a deed in lieu of foreclosure.
(Source: P.A. 86-974.)
(735 ILCS 5/15-1402) (from Ch. 110, par. 15-1402)

Sec. 15-1402. Consent Foreclosure.
(a) No Objection. In a foreclosure, the court shall enter
a judgment satisfying the mortgage indebtedness by vesting
absolute title to the mortgaged real estate in the mortgagee
free and clear of all claims, liens (except liens of the
United States of America which cannot be foreclosed without
judicial sale) and interest of the mortgagor, including all
rights of reinstatement and redemption, and of all rights of
all other persons made parties in the foreclosure whose
interests are subordinate to that of the mortgagee and all
nonrecord claimants given notice in accordance with paragraph
(2) of subsection (c) of Section 15-1502 if at any time before
sale:
(1) the mortgagee offers, in connection with such a
judgment, to waive any and all rights to a personal
judgment for deficiency against the mortgagor and against
all other persons liable for the indebtedness or other
obligations secured by the mortgage;
(2) such offer is made either in the foreclosure
complaint or by motion upon notice to all parties not in
default;
(3) all mortgagors who then have an interest in the
mortgaged real estate, by answer to the complaint,
response to the motion or stipulation filed with the court
expressly consent to the entry of such judgment;
(4) no other party, by answer or by response to the

motion or stipulation, within the time allowed for such
answer or response, objects to the entry of such judgment;
and
(5) upon notice to all parties who have not
previously been found in default for failure to appear,
answer or otherwise plead.
(b) Objection. If any party other than a mortgagor who
then has an interest in the mortgaged real estate objects to
the entry of such judgment by consent, the court, after
hearing, shall enter an order providing either:
(1) that for good cause shown, the judgment by
consent shall not be allowed; or
(2) that, good cause not having been shown by the
objecting party and the objecting party not having agreed
to pay the amount required to redeem in accordance with
subsection (d) of Section 15-1603, title to the mortgaged
real estate be vested in the mortgagee as requested by the
mortgagee and consented to by the mortgagor; or
(3) determining the amount required to redeem in
accordance with subsection (d) of Section 15-1603, finding
that the objecting party (or, if more than one party so
objects, the objecting party who has the least priority)
has agreed to pay such amount and additional interest
under the mortgage accrued to the date of payment within
30 days after entry of the order, and declaring that upon
payment of such amount within 30 days title to the
mortgaged real estate shall be vested in such objecting
party. Title so vested shall be free and clear of all
claims, liens (except liens of the United States of
America which cannot be foreclosed without judicial sale)
and interest of the mortgagor and of all rights of other
persons made parties in the foreclosure whose interests
are subordinate to the interest of the mortgagee and all
nonrecord claimants given notice in accordance with
paragraph (2) of subsection (c) of Section 15-1502. If any
objecting party subject to such an order has not paid the
amount required to redeem in accordance with that order
within the 30-day period, the court (i) shall order that
such title to the mortgaged real estate shall vest in the
objecting party next higher in priority (and successively
with respect to each other objecting party in increasing
order of such party's priority), if any, upon that party's
agreeing to pay within 30 days after the entry of such
further order, such amount as specified in the original
order plus additional interest under the terms of the
mortgage accrued to the date of payment, provided that
such party pays such amount within the 30-day period, and
(ii) may order that the non-paying objecting party pay
costs, interest accrued between the start of the preceding
30-day period and the later of the date another objecting
party makes the payment, if applicable, or the date such
period expired, and the reasonable attorneys' fees
incurred by all other parties on account of that party's
objection.
(c) Judgment. Any judgment entered pursuant to Section
15-1402 shall recite the mortgagee's waiver of rights to a
personal judgment for deficiency and shall bar the mortgagee

from obtaining such a deficiency judgment against the
mortgagor or any other person liable for the indebtedness or
other obligations secured by the mortgage.
(Source: P.A. 86-974.)
(735 ILCS 5/15-1403) (from Ch. 110, par. 15-1403)

Sec. 15-1403. Common Law Strict Foreclosure. Nothing in
this Article shall affect the right of a mortgagee to
foreclose its mortgage by a common law strict foreclosure as
in existence in Illinois on the effective date of this
Article.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1404) (from Ch. 110, par. 15-1404)

Sec. 15-1404. Judicial Foreclosure. Except as provided in
subsection (d) of Section 15-1501, the interest in the
mortgaged real estate of (i) all persons made a party in such
foreclosure and (ii) all nonrecord claimants given notice in
accordance with paragraph (2) of subsection (c) of Section
15-1502, shall be terminated by the judicial sale of the real
estate, pursuant to a judgment of foreclosure, provided the
sale is confirmed in accordance with this Article.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1405) (from Ch. 110, par. 15-1405)

Sec. 15-1405. Power of Sale. No real estate within this
State may be sold by virtue of any power of sale contained in
a mortgage or any other agreement, and all such mortgages may
only be foreclosed in accordance with this Article.
(Source: P.A. 84-1462.)

Part 15. Judicial Foreclosure Procedure
(735 ILCS 5/15-1501) (from Ch. 110, par. 15-1501)

Sec. 15-1501. Parties.
(a) Necessary Parties. For the purposes of Section 2-405
of the Code of Civil Procedure, only (i) the mortgagor and
(ii) other persons (but not guarantors) who owe payment of
indebtedness or the performance of other obligations secured
by the mortgage and against whom personal liability is
asserted shall be necessary parties defendant in a
foreclosure. The court may proceed to adjudicate their
respective interests, but any disposition of the mortgaged
real estate shall be subject to (i) the interests of all other
persons not made a party or (ii) interests in the mortgaged
real estate not otherwise barred or terminated in the
foreclosure.
(b) Permissible Parties. Any party may join as a party any
other person, although such person is not a necessary party,
including, without limitation, the following:
(1) All persons having a possessory interest in the
mortgaged real estate;

(2) A mortgagor's spouse who has waived the right of
homestead;
(3) A trustee holding an interest in the mortgaged
real estate or a beneficiary of such trust;
(4) The owner or holder of a note secured by a trust
deed;
(5) Guarantors, provided that in a foreclosure any
such guarantor also may be joined as a party in a separate
count in an action on such guarantor's guaranty;
(6) The State of Illinois or any political
subdivision thereof, where a foreclosure involves real
estate upon which the State or such subdivision has an
interest or claim for lien, in which case "An Act in
relation to immunity for the State of Illinois", approved
December 10, 1971, as amended, shall not be effective;
(7) The United States of America or any agency or
department thereof where a foreclosure involves real
estate upon which the United States of America or such
agency or department has an interest or a claim for lien;
(8) Any assignee of leases or rents relating to the
(9) Any person who may have a lien under the
Mechanic's Lien Act; and
(10) Any other mortgagee or claimant.
(c) Unknown Owners. Any unknown owner may be made a party
in accordance with Section 2-413 of the Code of Civil
Procedure.
(d) Right to Become Party. Any person who has or claims an
interest in real estate which is the subject of a foreclosure
or an interest in any debt secured by the mortgage shall have
an unconditional right to appear and become a party in such
foreclosure in accordance with subsection (e) of Section
15-1501, provided, that neither such appearance by a lessee
whose interest in the real estate is subordinate to the
interest being foreclosed, nor the act of making such lessee a
party, shall result in the termination of the lessee's lease
unless the termination of the lease or lessee's interest in
the mortgaged real estate is specifically ordered by the court
in the judgment of foreclosure.
(e) Time of Intervention.
(1) Of Right. A person not a party, other than a
nonrecord claimant given notice in accordance with
paragraph (2) of subsection (c) of Section 15-1502, who
has or claims an interest in the mortgaged real estate may
appear and become a party at any time prior to the entry
of judgment of foreclosure. A nonrecord claimant given
such notice may appear and become a party at any time
prior to the earlier of (i) the entry of a judgment of
foreclosure or (ii) 30 days after such notice is given.
(2) In Court's Discretion. After the right to
intervene expires and prior to the sale in accordance with
the judgment, the court may permit a person who has or
claims an interest in the mortgaged real estate to appear
and become a party on such terms as the court may deem
just.
(3) Later Right. After the sale of the mortgaged
real estate in accordance with a judgment of foreclosure
and prior to the entry of an order confirming the sale, a

person who has or claims an interest in the mortgaged real
estate, may appear and become a party, on such terms as
the court may deem just, for the sole purpose of claiming
an interest in the proceeds of sale. Any such party shall
be deemed a party from the commencement of the
foreclosure, and the interest of such party in the real
estate shall be subject to all orders and judgments
entered in the foreclosure.
(4) Termination of Interest. Except as provided in
Section 15-1501(d), the interest of any person who is
allowed to appear and become a party shall be terminated,
and the interest of such party in the real estate shall
attach to the proceeds of sale.
(f) Separate Actions. Any mortgagee or claimant, other
than the mortgagee who commences a foreclosure, whose interest
in the mortgaged real estate is recorded prior to the filing
of a notice of foreclosure in accordance with this Article but
who is not made a party to such foreclosure, shall not be
barred from filing a separate foreclosure (i) as an
intervening defendant or counterclaimant in accordance with
subsections (d) and (e) of Section 15-1501 if a judgment of
foreclosure has not been entered in the original foreclosure
or (ii) in a new foreclosure subsequent to the entry of a
judgment of foreclosure in the original foreclosure.
(g) Service on the State of Illinois. When making the
State of Illinois a party to a foreclosure, summons may be
served by sending, by registered or certified mail, a copy of
the summons and the complaint to the Attorney General. The
complaint shall set forth with particularity the nature of the
interest or lien of the State of Illinois. If such interest or
lien appears in a recorded instrument, the complaint must
state the document number of the instrument and the office
wherein it was recorded.
(Source: P.A. 88-265.)
(735 ILCS 5/15-1501.5)

Sec. 15-1501.5. Return from combat stay. In addition to
any rights and obligations provided under the federal Service
members Civil Relief Act, whenever it is determined in a
foreclosure proceeding that the mortgagor defendant is a
person who was deployed to a combat or combat support posting
while on active military duty and serving overseas within the
previous 12 months, the court must stay the proceedings for a
period of 90 days upon application to the court by the
mortgagor defendant. "Active military duty" means, for
purposes of this Section, service on active duty as a member
of the Armed Forces of the United States, the Illinois
National Guard, or any reserve component of the Armed Forces
of the United States.
(Source: P.A. 96-901, eff. 1-1-11.)
(735 ILCS 5/15-1502) (from Ch. 110, par. 15-1502)

Sec. 15-1502. Nonrecord Claimants. (a) Right to Become
Record Claimant. At any time prior to the recording of a
notice of foreclosure in accordance with Section 15-1503, a
nonrecord claimant or unknown owner may become a record

claimant with respect to the foreclosure by recording a notice
of such claimant's interest in the mortgaged real estate in
accordance with Section 15-1218.
(b) Rights of Nonrecord Claimants After Notice. The
interest in the mortgaged real estate of a nonrecord claimant
who is given notice of the foreclosure as provided in
paragraph (2) of subsection (c) of Section 15-1502 shall be
barred and terminated by any judgment of foreclosure to the
same extent as if such claimant had been a party.
(c) Terminating Rights of Nonrecord Claimants. (1)
Contents of Affidavit. A party in a foreclosure seeking to bar
and terminate the interest in the mortgaged real estate of
nonrecord claimants shall file in the office of the clerk of
the court in which such action is pending an affidavit stating
(i) the names and respective present or last known places of
residence of such nonrecord claimants, or (ii) that the
existence, names or the present or last known places of
residence, or both, of such nonrecord claimants are unknown as
of that time to the party and to the party's attorney. Such
affidavit, with respect to names and places of residence, may
be made upon information and belief of the affiant. The
affidavit need not state that inquiry has been made to
ascertain the names or present or last known places of
residence of such nonrecord claimants, and no such inquiry
need be made.
(2) Notice. At least 30 days prior to the entry of a
judgment of foreclosure, any person identified in the
affidavit described in paragraph (1) of subsection (c) of
Section 15-1502 shall be given a notice of the foreclosure
complying with the requirements of Section 15-1503 by the
party filing the affidavit. Such notice shall be given in the
manner and upon the terms and conditions set forth in Sections
2-206 and 2-207 of the Code of Civil Procedure, except that
(i) such notice with respect to nonrecord claimants whose
names are not set forth in such affidavit, instead of being
addressed to such nonrecord claimants by name, may simply be
addressed to "Nonrecord Claimants" and (ii) when the mortgaged
real estate is located within a municipality in a county with
a population under 2,000,000, publication shall be in a
newspaper generally circulated in such municipality. Such
notice shall have the same effect with respect to all
nonrecord claimants designated therein as though a notice
containing their names had been published in accordance with
Sections 2-206 and 2-207 of the Code of Civil Procedure and
may be combined with any notice published against parties
defendant in the same action pursuant to those Sections.
(3) Errors. Any inaccuracy in the affidavit described in
paragraph (1) of subsection (c) of Section 15-1502 or the
failure to file such affidavit or the failure to give notice
in accordance with paragraph (2) of subsection (c) of Section
15-1502 shall not invalidate any sale made pursuant to this
Article.
(4) Rights of Barred Nonrecord Claimant. Nothing in
paragraph (3) of subsection (c) of Section 15-1502 shall
affect the rights, if any, of any nonrecord claimant whose
interest in the mortgaged real estate was barred and

terminated to bring an action against any party to the
foreclosure on whose behalf the affidavit was filed, on
account of the filing of an inaccurate affidavit by such party
in accordance with paragraph (1) of subsection (c) of Section
15-1502 or the failure to give notice in accordance with
paragraph (2) of subsection (c) of Section 15-1502.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1502.5)

(Section scheduled to be repealed on July 1, 2013)
Sec. 15-1502.5. Homeowner protection.
(a) As used in this Section:
"Approved counseling agency" means a housing counseling
agency approved by the U.S. Department of Housing and Urban
Development.
"Approved Housing Counseling" means in-person counseling
provided by a counselor employed by an approved counseling
agency to all borrowers, or documented telephone counseling
where a hardship would be imposed on one or more borrowers. A
hardship shall exist in instances in which the borrower is
confined to his or her home due to medical conditions, as
verified in writing by a physician or the borrower resides 50
miles or more from the nearest approved counseling agency. In
instances of telephone counseling, the borrower must supply
all necessary documents to the counselor at least 72 hours
prior to the scheduled telephone counseling session.
"Delinquent" means past due with respect to a payment on a
mortgage secured by residential real estate.
"Department" means the Department of Financial and
Professional Regulation.
"Secretary" means the Secretary of Financial and
Professional Regulation or other person authorized to act in
the Secretary's stead.
"Sustainable loan workout plan" means a plan that the
mortgagor and approved counseling agency believe shall enable
the mortgagor to stay current on his or her mortgage payments
for the foreseeable future when taking into account the
mortgagor income and existing and foreseeable debts. A
sustainable loan workout plan may include, but is not limited
to, (1) a temporary suspension of payments, (2) a lengthened
loan term, (3) a lowered or frozen interest rate, (4) a
principal write down, (5) a repayment plan to pay the existing
loan in full, (6) deferred payments, or (7) refinancing into a
new affordable loan.
(b) Except in the circumstance in which a mortgagor has
filed a petition for relief under the United States Bankruptcy
Code, no mortgagee shall file a complaint to foreclose a
mortgage secured by residential real estate until the
requirements of this Section have been satisfied.
(c) Notwithstanding any other provision to the contrary,
with respect to a particular mortgage secured by residential
real estate, the procedures and forbearances described in this
Section apply only once per subject mortgage.
Except for mortgages secured by residential real estate in
which any mortgagor has filed for relief under the United
States Bankruptcy Code, if a mortgage secured by residential
real estate becomes delinquent by more than 30 days the

mortgagee shall send via U.S. mail a notice advising the
mortgagor that he or she may wish to seek approved housing
counseling. Notwithstanding anything to the contrary in this
Section, nothing shall preclude the mortgagor and mortgagee
from communicating with each other during the initial 30 days
of delinquency or reaching agreement on a sustainable loan
workout plan, or both.
No foreclosure action under Part 15 of Article XV of the
Code of Civil Procedure shall be instituted on a mortgage
secured by residential real estate before mailing the notice
described in this subsection (c).
The notice required in this subsection (c) shall state the
date on which the notice was mailed, shall be headed in bold
14-point type "GRACE PERIOD NOTICE", and shall state the
following in 14-point type: "YOUR LOAN IS MORE THAN 30 DAYS
PAST DUE. YOU MAY BE EXPERIENCING FINANCIAL DIFFICULTY. IT MAY
BE IN YOUR BEST INTEREST TO SEEK APPROVED HOUSING COUNSELING.
YOU HAVE A GRACE PERIOD OF 30 DAYS FROM THE DATE OF THIS
NOTICE TO OBTAIN APPROVED HOUSING COUNSELING. DURING THE GRACE
PERIOD, THE LAW PROHIBITS US FROM TAKING ANY LEGAL ACTION
AGAINST YOU. YOU MAY BE ENTITLED TO AN ADDITIONAL 30 DAY GRACE
PERIOD IF YOU OBTAIN HOUSING COUNSELING FROM AN APPROVED
HOUSING COUNSELING AGENCY. A LIST OF APPROVED COUNSELING
AGENCIES MAY BE OBTAINED FROM THE ILLINOIS DEPARTMENT OF
FINANCIAL AND PROFESSIONAL REGULATION."
The notice shall also list the Department's current
consumer hotline, the Department's website, and the telephone
number, fax number, and mailing address of the mortgagee. No
language, other than language substantially similar to the
language prescribed in this subsection (c), shall be included
in the notice. Notwithstanding any other provision to the
contrary, the grace period notice required by this subsection
(c) may be combined with a counseling notification required
under federal law.
The sending of the notice required under this subsection
(c) means depositing or causing to be deposited into the
United States mail an envelope with first-class postage
prepaid that contains the document to be delivered. The
envelope shall be addressed to the mortgagor at the common
address of the residential real estate securing the mortgage.
(d) Until 30 days after mailing the notice provided for
under subsection (c) of this Section, no legal action shall be
instituted under Part 15 of Article XV of the Code of Civil
Procedure.
(e) If, within the 30-day period provided under subsection
(d) of this Section, an approved counseling agency provides
written notice to the mortgagee that the mortgagor is seeking
approved counseling services, then no legal action under Part
15 of Article XV of the Code of Civil Procedure shall be
instituted for 30 days after the date of that notice. The date
that such notice is sent shall be stated in the notice, and
shall be sent to the address or fax number contained in the
Grace Period Notice required under subsection (c) of this
Section. During the 30-day period provided under this
subsection (e), the mortgagor or counselor or both may prepare
and proffer to the mortgagee a proposed sustainable loan
workout plan. The mortgagee will then determine whether to
accept the proposed sustainable loan workout plan. If the

mortgagee and the mortgagor agree to a sustainable loan
workout plan, then no legal action under Part 15 of Article XV
of the Code of Civil Procedure shall be instituted for as long
as the sustainable loan workout plan is complied with by the
mortgagor.
The agreed sustainable loan workout plan and any
modifications thereto must be in writing and signed by the
mortgagee and the mortgagor.
Upon written notice to the mortgagee, the mortgagor may
change approved counseling agencies, but such a change does
not entitle the mortgagor to any additional period of
forbearance.
(f) If the mortgagor fails to comply with the sustainable
loan workout plan, then nothing in this Section shall be
construed to impair the legal rights of the mortgagee to
enforce the contract.
(g) A counselor employed by a housing counseling agency or
the housing counseling agency that in good faith provides
counseling shall not be liable to a mortgagee or mortgagor for
civil damages, except for willful or wanton misconduct on the
part of the counselor in providing the counseling.
(h) There shall be no waiver of any provision of this
Section.
(i) It is the General Assembly's intent that compliance
with this Section shall not prejudice a mortgagee in ratings
of its bad debt collection or calculation standards or
policies.
(j) This Section shall not apply, or shall cease to apply,
to residential real estate that is not occupied as a principal
residence by the mortgagor.
(k) This Section is repealed July 1, 2013.
(Source: P.A. 95-1047, eff. 4-6-09; 96-1419, eff. 10-1-10.)
(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)

Sec. 15-1503. Notice of Foreclosure.
(a) A notice of foreclosure, whether the foreclosure is
initiated by complaint or counterclaim, made in accordance
with this Section and recorded in the county in which the
mortgaged real estate is located shall be constructive notice
of the pendency of the foreclosure to every person claiming an
interest in or lien on the mortgaged real estate, whose
interest or lien has not been recorded prior to the recording
of such notice of foreclosure. Such notice of foreclosure must
be executed by any party or any party's attorney and shall
include (i) the names of all plaintiffs and the case number,
(ii) the court in which the action was brought, (iii) the
names of title holders of record, (iv) a legal description of
the real estate sufficient to identify it with reasonable
certainty, (v) a common address or description of the location
of the real estate and (vi) identification of the mortgage
sought to be foreclosed. An incorrect common address or
description of the location, or an immaterial error in the
identification of a plaintiff or title holder of record, shall
not invalidate the lis pendens effect of the notice under this
Section. A notice which complies with this Section shall be
deemed to comply with Section 2-1901 of the Code of Civil
Procedure and shall have the same effect as a notice filed
pursuant to that Section; however, a notice which complies

with Section 2-1901 shall not be constructive notice unless it
also complies with the requirements of this Section.
(b) With respect to residential real estate, a copy of the
notice of foreclosure described in subsection (a) of Section
15-1503 shall be sent by first class mail, postage prepaid, to
the municipality within the boundary of which the mortgaged
real estate is located, or to the county within the boundary
of which the mortgaged real estate is located if the mortgaged
real estate is located in an unincorporated territory. A
municipality or county must clearly publish on its website a
single address to which such notice shall be sent. If a
municipality or county does not maintain a website, then the
municipality or county must publicly post in its main office a
single address to which such notice shall be sent. In the
event that a municipality or county has not complied with the
publication requirement in this subsection (b), then such
notice to the municipality or county shall be provided
pursuant to Section 2-211 of the Code of Civil Procedure.
(Source: P.A. 96-856, eff. 3-1-10.)
(735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)

Sec. 15-1504. Pleadings and service.
(a) Form of Complaint. A foreclosure complaint may be in
substantially the following form:
(1) Plaintiff files this complaint to foreclose the
mortgage (or other conveyance in the nature of a mortgage)
(hereinafter called "mortgage") hereinafter described and
joins the following person as defendants: (here insert
names of all defendants).
(2) Attached as Exhibit "A" is a copy of the
mortgage and as Exhibit "B" is a copy of the note secured
thereby.
(3) Information concerning mortgage:
(A) Nature of instrument: (here insert whether a
mortgage, trust deed or other instrument in the nature
of a mortgage, etc.)
(B) Date of mortgage:
(C) Name of mortgagor:
(D) Name of mortgagee:
(E) Date and place of recording:
(F) Identification of recording: (here insert
book and page number or document number)
(G) Interest subject to the mortgage: (here
insert whether fee simple, estate for years, undivided
interest, etc.)
(H) Amount of original indebtedness, including
subsequent advances made under the mortgage:
(I) Both the legal description of the mortgaged
real estate and the common address or other
information sufficient to identify it with reasonable
certainty:
(J) Statement as to defaults, including, but not
necessarily limited to, date of default, current
unpaid principal balance, per diem interest accruing,
and any further information concerning the default:
(K) Name of present owner of the real estate:
(L) Names of other persons who are joined as

defendants and whose interest in or lien on the
mortgaged real estate is sought to be terminated:
(M) Names of defendants claimed to be personally
liable for deficiency, if any:
(N) Capacity in which plaintiff brings this
foreclosure (here indicate whether plaintiff is the
legal holder of the indebtedness, a pledgee, an agent,
the trustee under a trust deed or otherwise, as
appropriate):
(O) Facts in support of redemption period
shorter than the longer of (i) 7 months from the date
the mortgagor or, if more than one, all the mortgagors
(I) have been served with summons or by publication or
(II) have otherwise submitted to the jurisdiction of
the court, or (ii) 3 months from the entry of the
judgment of foreclosure, if sought (here indicate
whether based upon the real estate not being
residential, abandonment, or real estate value less
than 90% of amount owed, etc.):
(P) Statement that the right of redemption has
been waived by all owners of redemption, if
applicable:
(Q) Facts in support of request for attorneys'
fees and of costs and expenses, if applicable:
(R) Facts in support of a request for
appointment of mortgagee in possession or for
appointment of receiver, and identity of such
receiver, if sought:
(S) Offer to mortgagor in accordance with
Section 15-1402 to accept title to the real estate in
satisfaction of all indebtedness and obligations
secured by the mortgage without judicial sale, if
sought:
(T) Name or names of defendants whose right to
possess the mortgaged real estate, after the
confirmation of a foreclosure sale, is sought to be
terminated and, if not elsewhere stated, the facts in
support thereof:
REQUEST FOR RELIEF

Plaintiff requests:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption
period, if sought.
(iii) A personal judgment for a deficiency, if
sought.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or
appointing a receiver, if sought.
(vi) A judgment for attorneys' fees, costs and
expenses, if sought.
(b) Required Information. A foreclosure complaint need

contain only such statements and requests called for by the
form set forth in subsection (a) of Section 15-1504 as may be
appropriate for the relief sought. Such complaint may be filed
as a counterclaim, may be joined with other counts or may
include in the same count additional matters or a request for

any additional relief permitted by Article II of the Code of
Civil Procedure.
(c) Allegations. The statements contained in a complaint
in the form set forth in subsection (a) of Section 15-1504 are
deemed and construed to include allegations as follows:
(1) on the date indicated the obligor of the
indebtedness or other obligations secured by the mortgage
was justly indebted in the amount of the indicated
original indebtedness to the original mortgagee or payee
of the mortgage note;
(2) that the exhibits attached are true and correct
copies of the mortgage and note and are incorporated and
made a part of the complaint by express reference;
(3) that the mortgagor was at the date indicated an
owner of the interest in the real estate described in the
complaint and that as of that date made, executed and
delivered the mortgage as security for the note or other
obligations;
(4) that the mortgage was recorded in the county in
which the mortgaged real estate is located, on the date
indicated, in the book and page or as the document number
indicated;
(5) that defaults occurred as indicated;
(6) that at the time of the filing of the complaint
the persons named as present owners are the owners of the
indicated interests in and to the real estate described;
(7) that the mortgage constitutes a valid, prior and
paramount lien upon the indicated interest in the
mortgaged real estate, which lien is prior and superior to
the right, title, interest, claim or lien of all parties
and nonrecord claimants whose interests in the mortgaged
real estate are sought to be terminated;
(8) that by reason of the defaults alleged, if the
indebtedness has not matured by its terms, the same has
become due by the exercise, by the plaintiff or other
persons having such power, of a right or power to declare
immediately due and payable the whole of all indebtedness
secured by the mortgage;
(9) that any and all notices of default or election
to declare the indebtedness due and payable or other
notices required to be given have been duly and properly
given;
(10) that any and all periods of grace or other
period of time allowed for the performance of the
covenants or conditions claimed to be breached or for the
curing of any breaches have expired;
(11) that the amounts indicated in the statement in
the complaint are correctly stated and if such statement
indicates any advances made or to be made by the plaintiff
or owner of the mortgage indebtedness, that such advances
were, in fact, made or will be required to be made, and
under and by virtue of the mortgage the same constitute
additional indebtedness secured by the mortgage; and
(12) that, upon confirmation of the sale, the holder
of the certificate of sale or deed issued pursuant to that
certificate or, if no certificate or deed was issued, the
purchaser at the sale will be entitled to full possession
of the mortgaged real estate against the parties named in
clause (T) of paragraph (3) of subsection (a) of Section

15-1504 or elsewhere to the same effect; the omission of
any party indicates that plaintiff will not seek a
possessory order in the order confirming sale unless the
request is subsequently made under subsection (h) of
Section 15-1701 or by separate action under Article 9 of
this Code.
(d) Request for Fees and Costs. A statement in the
complaint that plaintiff seeks the inclusion of attorneys'
fees and of costs and expenses shall be deemed and construed
to include allegations that:
(1) plaintiff has been compelled to employ and
retain attorneys to prepare and file the complaint and to
represent and advise the plaintiff in the foreclosure of
the mortgage and the plaintiff will thereby become liable
for the usual, reasonable and customary fees of the
attorneys in that behalf;
(2) that the plaintiff has been compelled to advance
or will be compelled to advance, various sums of money in
payment of costs, fees, expenses and disbursements
incurred in connection with the foreclosure, including,
without limiting the generality of the foregoing, filing
fees, stenographer's fees, witness fees, costs of
publication, costs of procuring and preparing documentary
evidence and costs of procuring abstracts of title,
Torrens certificates, foreclosure minutes and a title
insurance policy;
(3) that under the terms of the mortgage, all such
advances, costs, attorneys' fees and other fees, expenses
and disbursements are made a lien upon the mortgaged real
estate and the plaintiff is entitled to recover all such
advances, costs, attorneys' fees, expenses and
disbursements, together with interest on all advances at
the rate provided in the mortgage, or, if no rate is
provided therein, at the statutory judgment rate, from the
date on which such advances are made;
(4) that in order to protect the lien of the
mortgage, it may become necessary for plaintiff to pay
taxes and assessments which have been or may be levied
upon the mortgaged real estate;
(5) that in order to protect and preserve the
mortgaged real estate, it may also become necessary for
the plaintiff to pay liability (protecting mortgagor and
mortgagee), fire and other hazard insurance premiums on
the mortgaged real estate, make such repairs to the
mortgaged real estate as may reasonably be deemed
necessary for the proper preservation thereof, advance for
costs to inspect the mortgaged real estate or to appraise
it, or both, and advance for premiums for pre-existing
private or governmental mortgage insurance to the extent
required after a foreclosure is commenced in order to keep
such insurance in force; and
(6) that under the terms of the mortgage, any money
so paid or expended will become an additional indebtedness
secured by the mortgage and will bear interest from the
date such monies are advanced at the rate provided in the
mortgage, or, if no rate is provided, at the statutory
judgment rate.
is deemed and construed to mean that the plaintiff requests

that:
(1) an accounting may be taken under the direction
of the court of the amounts due and owing to the
plaintiff;
(2) that the defendants be ordered to pay to the
plaintiff before expiration of any redemption period (or,
if no redemption period, before a short date fixed by the
court) whatever sums may appear to be due upon the taking
of such account, together with attorneys' fees and costs
of the proceedings (to the extent provided in the mortgage
or by law);
(3) that in default of such payment in accordance
with the judgment, the mortgaged real estate be sold as
directed by the court, to satisfy the amount due to the
plaintiff as set forth in the judgment, together with the
interest thereon at the statutory judgment rate from the
date of the judgment;
(4) that in the event the plaintiff is a purchaser
of the mortgaged real estate at such sale, the plaintiff
may offset against the purchase price of such real estate
the amounts due under the judgment of foreclosure and
order confirming the sale;
(5) that in the event of such sale and the failure
of any person entitled thereto to redeem prior to such
sale pursuant to this Article, the defendants made parties
to the foreclosure in accordance with this Article, and
all nonrecord claimants given notice of the foreclosure in
accordance with this Article, and all persons claiming by,
through or under them, and each and any and all of them,
may be forever barred and foreclosed of any right, title,
interest, claim, lien, or right to redeem in and to the
mortgaged real estate; and
(6) that if no redemption is made prior to such
sale, a deed may be issued to the purchaser thereat
according to law and such purchaser be let into possession
of the mortgaged real estate in accordance with Part 17 of
this Article.
(f) Request for Deficiency Judgment. A request for a
personal judgment for a deficiency in a foreclosure complaint
if the sale of the mortgaged real estate fails to produce a
sufficient amount to pay the amount found due, the plaintiff
may have a personal judgment against any party in the
foreclosure indicated as being personally liable therefor and
the enforcement thereof be had as provided by law.
(g) Request for Possession or Receiver. A request for
possession or appointment of a receiver has the meaning as
stated in subsection (b) of Section 15-1706.
(h) Answers by Parties. Any party may assert its interest
by counterclaim and such counterclaim may at the option of
that party stand in lieu of answer to the complaint for
foreclosure and all counter complaints previously or
thereafter filed in the foreclosure. Any such counterclaim
shall be deemed to constitute a statement that the counter
claimant does not have sufficient knowledge to form a belief
as to the truth or falsity of the allegations of the complaint
and all other counterclaims, except to the extent that the
counterclaim admits or specifically denies such allegations.
(Source: P.A. 91-357, eff. 7-29-99.)
(735 ILCS 5/15-1504.1)

Sec. 15-1504.1. Filing fee for Foreclosure Prevention
Program Fund.
(a) With respect to residential real estate, at the time
of the filing of a foreclosure complaint, the plaintiff shall
pay to the clerk of the court in which the foreclosure
complaint is filed a fee of $50 for deposit into the
Foreclosure Prevention Program Fund, a special fund created in
the State treasury. The clerk shall remit the fee to the State
Treasurer as provided in this Section to be expended for the
purposes set forth in Section 7.30 of the Illinois Housing
Development Act. All fees paid by plaintiffs to the clerk of
the court as provided in this Section shall be disbursed
within 60 days after receipt by the clerk of the court as
follows: (i) 98% to the State Treasurer for deposit into the
Foreclosure Prevention Counseling Program Fund, and (ii) 2% to
the clerk of the court for administrative expenses related to
implementation of this Section.
(b) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted
pursuant to this Section during the preceding year.
(Source: P.A. 96-1419, eff. 10-1-10.)
(735 ILCS 5/15-1504.5)

Sec. 15-1504.5. Homeowner notice to be attached to
summons. For all residential foreclosure actions filed, the
plaintiff must attach a Homeowner Notice to the summons. The
Homeowner Notice must be in at least 12 point type and in
English and Spanish. The Spanish translation shall be prepared
by the Attorney General and posted on the Attorney General's
website. A notice that includes the Attorney General's Spanish
translation in substantially similar form shall be deemed to
comply with the Spanish notice requirement in this Section.
The Notice must be in substantially the following form:
IMPORTANT INFORMATION FOR HOMEOWNERS IN FORECLOSURE
1. POSSESSION: The lawful occupants of a home have the

right to
live in the home until a judge enters an order for
possession.
2. OWNERSHIP: You continue to own your home until the
court rules
otherwise.
3. REINSTATEMENT: As the homeowner you have the right
to bring the
mortgage current within 90 days after you receive the
summons.
4. REDEMPTION: As the homeowner you have the right to
sell your
home, refinance, or pay off the loan during the redemption
period.
5. SURPLUS: As the homeowner you have the right to
petition the
court for any excess money that results from a foreclosure
sale of your home.
6. WORKOUT OPTIONS: The mortgage company does not want

to foreclose on
your home if there is any way to avoid it. Call your
mortgage company [insert name of the homeowner's current
mortgage servicer in bold and 14 point type] or its
attorneys to find out the alternatives to foreclosure.
7. PAYOFF AMOUNT: You have the right to obtain a
written statement of
the amount necessary to pay off your loan. Your mortgage
company (identified above) must provide you this statement
within 10 business days of receiving your request,
provided that your request is in writing and includes your
name, the address of the property, and the mortgage
account or loan number. Your first payoff statement will
be free.
8. GET ADVICE: This information is not exhaustive and
does not
replace the advice of a professional. You may have other
options. Get professional advice from a lawyer or
certified housing counselor about your rights and options
to avoid foreclosure.
9. LAWYER: If you do not have a lawyer, you may be
able to
find assistance by contacting the Illinois State Bar
Association or a legal aid organization that provides free
legal assistance.
10. PROCEED WITH CAUTION: You may be contacted by
people offering to help you
avoid foreclosure. Before entering into any transaction
with persons offering to help you, please contact a
lawyer, government official, or housing counselor for
advice.
(Source: P.A. 95-961, eff. 1-1-09.)
(735 ILCS 5/15-1505) (from Ch. 110, par. 15-1505)

Sec. 15-1505. Real Estate Subject to Senior Liens. During
a foreclosure, and any time prior to sale, a mortgagee or any
other lienor may pay (i) when due installments of principal,
interest or other obligations in accordance with the terms of
any senior mortgage, (ii) when due installments of real estate
taxes or (iii) any other obligation authorized by the mortgage
instrument. With court approval, a mortgagee or any other
lienor may pay any other amounts in connection with other
liens, encumbrances or interests reasonably necessary to
preserve the status of title.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1505.5)

Sec. 15-1505.5. Payoff demands.
(a) In a foreclosure action subject to this Article, on
the written demand of a mortgagor or the mortgagor's
authorized agent (which shall include the mortgagor's name,
the mortgaged property's address, and the mortgage account or
loan number), a mortgagee or the mortgagee's authorized agent
shall prepare and deliver an accurate statement of the total
outstanding balance of the mortgagor's obligation that would
be required to satisfy the obligation in full as of the date
of preparation ("payoff demand statement") to the mortgagor or

the mortgagor's authorized agent who has requested it within
10 business days after receipt of the demand. For purposes of
this Section, a payoff demand statement is accurate if
prepared in good faith based on the records of the mortgagee
or the mortgagee's agent.
(b) The payoff demand statement shall include the
following:
(1) the information necessary to calculate the
payoff amount on a per diem basis for the lesser of a
period of 30 days or until the date scheduled for judicial
sale;
(2) estimated charges (stated as such) that the
mortgagee reasonably believes may be incurred within 30
days from the date of preparation of the payoff demand
statement; and
(3) the loan number for the obligation to be paid,
the address of the mortgagee, the telephone number of the
mortgagee and, if a banking organization or corporation,
the name of the department, if applicable, and its
telephone number and facsimile phone number.
(c) A mortgagee or mortgagee's agent who willfully fails

to prepare and deliver an accurate payoff demand statement
within 10 business days after receipt of a written demand is
liable to the mortgagor for actual damages sustained for
failure to deliver the statement. The mortgagee or mortgagee's
agent is liable to the mortgagor for $500 if no actual damages
are sustained. For purposes of this subsection, "willfully"
means a failure to comply with this Section without just cause
or excuse or mitigating circumstances.
(d) The mortgagor must petition the judge within the
foreclosure action for the award of any damages pursuant to
this Section, which award shall be determined by the judge.
(e) Unless the payoff demand statement provides otherwise,
the statement is deemed to apply only to the unpaid balance of
the single obligation that is named in the demand and that is
secured by the mortgage or deed of trust identified in the
payoff demand statement.
(f) The demand for and preparation and delivery of a
payoff demand statement pursuant to this Section does not
change any date or time period that is prescribed in the note
or that is otherwise provided by law. Failure to comply with
any provision of this Section does not change any of the
rights of the parties as set forth in the note, mortgage, or
applicable law.
(g) The mortgagee or mortgagee's agent shall furnish the
first payoff demand statement at no cost to the mortgagor.
(h) For the purposes of this Section, unless the context
otherwise requires, "deliver" or "delivery" means depositing
or causing to be deposited into the United States mail an
envelope with postage prepaid that contains a copy of the
documents to be delivered and that is addressed to the person
whose name and address are provided in the payoff demand.
"Delivery" may also include transmitting those documents by
telephone facsimile to the person or electronically if the
payoff demand specifically requests and authorizes that the
documents be transmitted in electronic form.
(i) The mortgagee or mortgagee's agent is not required to
comply with the payoff demand statement procedure set forth in
this Section when responding to a notice of intent to redeem

issued under Section 15-1603(e).
(Source: P.A. 95-961, eff. 1-1-09.)
(735 ILCS 5/15-1506) (from Ch. 110, par. 15-1506)

Sec. 15-1506. Judgment. (a) Evidence. In the trial of a
foreclosure, the evidence to support the allegations of the
complaint shall be taken in open court, except:
(1) where an allegation of fact in the complaint is not
denied by a party's verified answer or verified counterclaim,
or where a party pursuant to subsection (b) of Section 2-610
of the Code of Civil Procedure states, or is deemed to have
stated, in its pleading that it has no knowledge of such
allegation sufficient to form a belief and attaches the
required affidavit, a sworn verification of the complaint or a
separate affidavit setting forth such fact is sufficient
evidence thereof against such party and no further evidence of
such fact shall be required; and
(2) where all the allegations of fact in the complaint
have been proved by verification of the complaint or
affidavit, the court upon motion supported by an affidavit
stating the amount which is due the mortgagee, shall enter a
judgment of foreclosure as requested in the complaint.
(b) Instruments. In all cases the evidence of the
indebtedness and the mortgage foreclosed shall be exhibited to
the court and appropriately marked, and copies thereof shall
be filed with the court.
(c) Summary and Default Judgments. Nothing in this Section
15-1506 shall prevent a party from obtaining a summary or
default judgment authorized by Article II of the Code of Civil
Procedure.
(d) Notice of Entry of Default. When any judgment in a
foreclosure is entered by default, notice of such judgment
shall be given in accordance with Section 2-1302 of the Code
of Civil Procedure.
(e) Matters Required in Judgment. A judgment of
foreclosure shall include the last date for redemption and all
rulings of the court entered with respect to each request for
relief set forth in the complaint. The omission of the date
for redemption shall not extend the time for redemption or
impair the validity of the judgment.
(f) Special Matters in Judgment. Without limiting the
general authority and powers of the court, special matters may
be included in the judgment of foreclosure if sought by a
party in the complaint or by separate motion. Such matters may
include, without limitation:
(1) a manner of sale other than public auction;
(2) a sale by sealed bid;
(3) an official or other person who shall be the officer
to conduct the sale other than the one customarily designated
by the court;
(4) provisions for non-exclusive broker listings or
designating a duly licensed real estate broker nominated by
one of the parties to exclusively list the real estate for
sale;
(5) the fees or commissions to be paid out of the sale
proceeds to the listing or other duly licensed broker, if any,
who shall have procured the accepted bid;

(6) the fees to be paid out of the sale proceeds to an
auctioneer, if any, who shall have been authorized to conduct
a public auction sale;
(7) whether and in what manner and with what content signs
shall be posted on the real estate;
(8) a particular time and place at which such bids shall
be received;
(9) a particular newspaper or newspapers in which notice
of sale shall be published;
(10) the format for the advertising of such sale,
including the size, content and format of such advertising,
and additional advertising of such sale;
(11) matters or exceptions to which title in the real
estate may be subject at the sale;
(12) a requirement that title insurance in a specified
form be provided to a purchaser at the sale, and who shall pay
for such insurance;
(13) whether and to what extent bids with mortgage or
other contingencies will be allowed;
(14) such other matters as approved by the court to ensure
sale of the real estate for the most commercially favorable
price for the type of real estate involved.
(g) Agreement of the Parties. If all of the parties agree
in writing on the minimum price and that the real estate may
be sold to the first person who offers in writing to purchase
the real estate for such price, and on such other commercially
reasonable terms and conditions as the parties may agree, then
the court shall order the real estate to be sold on such
terms, subject to confirmation of the sale in accordance with
Section 15-1508.
(h) Postponement of Proving Priority. With the approval of
the court prior to the entry of the judgment of foreclosure, a
party claiming an interest in the proceeds of the sale of the
mortgaged real estate may defer proving the priority of such
interest until the hearing to confirm the sale.
(i) Effect of Judgment and Lien. (1) Upon the entry of the
judgment of foreclosure, all rights of a party in the
foreclosure against the mortgagor provided for in the judgment
of foreclosure or this Article shall be secured by a lien on
the mortgaged real estate, which lien shall have the same
priority as the claim to which the judgment relates and shall
be terminated upon confirmation of a judicial sale in
accordance with this Article.
(2) Upon the entry of the judgment of foreclosure, the
rights in the real estate subject to the judgment of
foreclosure of (i) all persons made a party in the foreclosure
and (ii) all nonrecord claimants given notice in accordance
with paragraph (2) of subsection (c) of Section 15-1502, shall
be solely as provided for in the judgment of foreclosure and
in this Article.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1507) (from Ch. 110, par. 15-1507)

Sec. 15-1507. Judicial Sale.
(a) In General. Except as provided in Sections 15-1402 and
15-1403, upon entry of a judgment of foreclosure, the real
estate which is the subject of the judgment shall be sold at a

judicial sale in accordance with this Section 15-1507.
(b) Sale Procedures. Upon expiration of the reinstatement
period and the redemption period in accordance with subsection
(b) or (c) of Section 15-1603 or upon the entry of a judgment
of foreclosure after the waiver of all rights of redemption,
except as provided in subsection (g) of Section 15-1506, the
real estate shall be sold at a sale as provided in this
Article, on such terms and conditions as shall be specified by
the court in the judgment of foreclosure. A sale may be
conducted by any judge or sheriff.
(c) Notice of Sale. The mortgagee, or such other party
designated by the court, in a foreclosure under this Article
shall give public notice of the sale as follows:
(1) The notice of sale shall include at least the
following information, but an immaterial error in the
information shall not invalidate the legal effect of the
notice:
(A) the name, address and telephone number of the
person to contact for information regarding the real
estate;
(B) the common address and other common
description (other than legal description), if any, of
the real estate;
(C) a legal description of the real estate
sufficient to identify it with reasonable certainty;
(D) a description of the improvements on the real
estate;
(E) the times specified in the judgment, if any,
when the real estate may be inspected prior to sale;
(F) the time and place of the sale;
(G) the terms of the sale;
(H) the case title, case number and the court in
which the foreclosure was filed;
(H-1) in the case of a condominium unit to
which subsection (g) of Section 9 of the Condominium
Property Act applies, the statement required by
subdivision (g)(5) of Section 9 of the Condominium
Property Act;
(H-2) in the case of a unit of a common interest
community to which subsection (g-1) of Section 18.5 of
the Condominium Property Act applies, the statement
required by subdivision (g-1) of Section 18.5 of the
Condominium Property Act; and
(I) such other information ordered by the Court.
(2) The notice of sale shall be published at least 3
consecutive calendar weeks (Sunday through Saturday), once
in each week, the first such notice to be published not
more than 45 days prior to the sale, the last such notice
to be published not less than 7 days prior to the sale,
by: (i) (A) advertisements in a newspaper circulated to
the general public in the county in which the real estate
is located, in the section of that newspaper where legal
notices are commonly placed and (B) separate
advertisements in the section of such a newspaper, which
(except in counties with a population in excess of
3,000,000) may be the same newspaper, in which real estate
other than real estate being sold as part of legal

proceedings is commonly advertised to the general public;
provided, that the separate advertisements in the real
estate section need not include a legal description and
that where both advertisements could be published in the
same newspaper and that newspaper does not have separate
legal notices and real estate advertisement sections, a
single advertisement with the legal description shall be
sufficient; and (ii) such other publications as may be
further ordered by the court.
(3) The party who gives notice of public sale in
accordance with subsection (c) of Section 15-1507 shall
also give notice to all parties in the action who have
appeared and have not theretofore been found by the court
to be in default for failure to plead. Such notice shall
be given in the manner provided in the applicable rules of
court for service of papers other than process and
complaint, not more than 45 days nor less than 7 days
prior to the day of sale. After notice is given as
required in this Section a copy thereof shall be filed in
the office of the clerk of the court entering the
judgment, together with a certificate of counsel or other
proof that notice has been served in compliance with this
Section.
(4) The party who gives notice of public sale in
accordance with subsection (c) of Section 15-1507 shall
again give notice in accordance with that Section of any
adjourned sale; provided, however, that if the adjourned
sale is to occur less than 60 days after the last
scheduled sale, notice of any adjourned sale need not be
given pursuant to this Section. In the event of
adjournment, the person conducting the sale shall, upon
adjournment, announce the date, time and place upon which
the adjourned sale shall be held. Notwithstanding any
language to the contrary, for any adjourned sale that is
to be conducted more than 60 days after the date on which
it was to first be held, the party giving notice of such
sale shall again give notice in accordance with this
Section.
(5) Notice of the sale may be given prior to the
expiration of any reinstatement period or redemption
period.
(6) No other notice by publication or posting shall
be necessary unless required by order or rule of the
court.
(7) The person named in the notice of sale to be
contacted for information about the real estate may, but
shall not be required, to provide additional information
other than that set forth in the notice of sale.
(d) Election of Property. If the real estate which is the
subject of a judgment of foreclosure is susceptible of
division, the court may order it to be sold as necessary to
satisfy the judgment. The court shall determine which real
estate shall be sold, and the court may determine the order in
which separate tracts may be sold.
(e) Receipt upon Sale. Upon and at the sale of mortgaged
real estate, the person conducting the sale shall give to the
purchaser a receipt of sale. The receipt shall describe the
real estate purchased and shall show the amount bid, the
amount paid, the total amount paid to date and the amount
still to be paid therefor. An additional receipt shall be
given at the time of each subsequent payment.
(f) Certificate of Sale. Upon payment in full of the
amount bid, the person conducting the sale shall issue, in
duplicate, and give to the purchaser a Certificate of Sale.
The Certificate of Sale shall be in a recordable form,
describe the real estate purchased, indicate the date and
place of sale and show the amount paid therefor. The
Certificate of Sale shall further indicate that it is subject
to confirmation by the court. The duplicate certificate may be
recorded in accordance with Section 12-121. The Certificate of
Sale shall be freely assignable by endorsement thereon.
(g) Interest after Sale. Any bid at sale shall be deemed
to include, without the necessity of a court order, interest
at the statutory judgment rate on any unpaid portion of the
sale price from the date of sale to the date of payment.
(Source: P.A. 96-1045, eff. 7-14-10.)
(735 ILCS 5/15-1507.1)

(Section scheduled to be repealed on March 2, 2016)
Sec. 15-1507.1. Judicial sale fee for Abandoned
Residential Property Municipality Relief Fund.
(a) Upon and at the sale of residential real estate under
Section 15-1507, the purchaser shall pay to the person
conducting the sale pursuant to Section 15-1507 a fee for
deposit into the Abandoned Residential Property Municipality
Relief Fund, a special fund created in the State treasury. The
fee shall be calculated at the rate of $1 for each $1,000 or
fraction thereof of the amount paid by the purchaser to the
person conducting the sale, as reflected in the receipt of
sale issued to the purchaser, provided that in no event shall
the fee exceed $300. No fee shall be paid by the mortgagee
acquiring the residential real estate pursuant to its credit
bid at the sale or by any mortgagee, judgment creditor, or
other lienor acquiring the residential real estate whose
rights in and to the residential real estate arose prior to
the sale. Upon confirmation of the sale under Section 15-1508,
the person conducting the sale shall remit the fee to the
clerk of the court in which the foreclosure case is pending.
The clerk shall remit the fee to the State Treasurer as
provided in this Section, to be expended for the purposes set
forth in Section 7.31 of the Illinois Housing Development Act.
(b) All fees paid by purchasers as provided in this
Section shall be disbursed within 60 days after receipt by the
clerk of the court as follows: (i) 98% to the State Treasurer
for deposit into the Abandoned Residential Property
Municipality Relief Fund, and (ii) 2% to the clerk of the
court for administrative expenses related to implementation of
this Section.
(c) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted during
the preceding year pursuant to this Section.
(d) Subsections (a) and (b) of this Section shall become
inoperative on January 1, 2016. This Section is repealed on
March 2, 2016.
(Source: P.A. 96-1419, eff. 10-1-10.)
(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)

Sec. 15-1508. Report of Sale and Confirmation of Sale.
(a) Report. The person conducting the sale shall promptly
make a report to the court, which report shall include a copy
of all receipts and, if any, certificate of sale.
(b) Hearing. Upon motion and notice in accordance with
court rules applicable to motions generally, which motion
shall not be made prior to sale, the court shall conduct a
hearing to confirm the sale. Unless the court finds that (i) a
notice required in accordance with subsection (c) of Section
15-1507 was not given, (ii) the terms of sale were
unconscionable, (iii) the sale was conducted fraudulently or
(iv) that justice was otherwise not done, the court shall then
enter an order confirming the sale. The confirmation order
shall include a name, address, and telephone number of the
holder of the certificate of sale or deed issued pursuant to
that certificate or, if no certificate or deed was issued, the
purchaser, whom a municipality or county may contact with
concerns about the real estate. The confirmation order may
also:
(1) approve the mortgagee's fees and costs arising
between the entry of the judgment of foreclosure and the
confirmation hearing, those costs and fees to be allowable
to the same extent as provided in the note and mortgage
and in Section 15-1504;
(2) provide for a personal judgment against any party
for a deficiency; and
(3) determine the priority of the judgments of
parties who deferred proving the priority pursuant to
subsection (h) of Section 15-1506, but the court shall not
defer confirming the sale pending the determination of
such priority.
(b-5) Notice with respect to residential real estate. With
respect to residential real estate, the notice required under
subsection (b) of this Section shall be sent to the mortgagor
even if the mortgagor has previously been held in default. In
the event the mortgagor has filed an appearance, the notice
shall be sent to the address indicated on the appearance. In
all other cases, the notice shall be sent to the mortgagor at
the common address of the foreclosed property. The notice
shall be sent by first class mail. Unless the right to
possession has been previously terminated by the court, the
notice shall include the following language in 12-point
boldface capitalized type:
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
ILLINOIS MORTGAGE FORECLOSURE LAW.
(b-10) Notice of confirmation order sent to municipality
or county. A copy of the confirmation order required under
subsection (b) shall be sent to the municipality in which
the foreclosed property is located, or to the county
within the boundary of which the foreclosed property is
located if the foreclosed property is located in an
unincorporated territory. A municipality or county must

clearly publish on its website a single address to which
such notice shall be sent. If a municipality or county
does not maintain a website, then the municipality or
county must publicly post in its main office a single
address to which such notice shall be sent. In the event
that a municipality or county has not complied with the
publication requirement in this subsection (b-10), then
such notice to the municipality or county shall be
provided pursuant to Section 2-211 of the Code of Civil
Procedure.
(c) Failure to Give Notice. If any sale is held without

compliance with subsection (c) of Section 15-1507 of this
Article, any party entitled to the notice provided for in
paragraph (3) of that subsection (c) who was not so notified
may, by motion supported by affidavit made prior to
confirmation of such sale, ask the court which entered the
judgment to set aside the sale. Any such party shall guarantee
or secure by bond a bid equal to the successful bid at the
prior sale, unless the party seeking to set aside the sale is
the mortgagor, the real estate sold at the sale is residential
real estate, and the mortgagor occupies the residential real
estate at the time the motion is filed. In that event, no
guarantee or bond shall be required of the mortgagor. Any
subsequent sale is subject to the same notice requirement as
the original sale.
(d) Validity of Sale. Except as provided in subsection (c)
of Section 15-1508, no sale under this Article shall be held
invalid or be set aside because of any defect in the notice
thereof or in the publication of the same, or in the
proceedings of the officer conducting the sale, except upon
good cause shown in a hearing pursuant to subsection (b) of
Section 15-1508. At any time after a sale has occurred, any
party entitled to notice under paragraph (3) of subsection (c)
of Section 15-1507 may recover from the mortgagee any damages
caused by the mortgagee's failure to comply with such
paragraph (3). Any party who recovers damages in a judicial
proceeding brought under this subsection may also recover from
the mortgagee the reasonable expenses of litigation, including
reasonable attorney's fees.
(d-5) Making Home Affordable Program. The court that
entered the judgment shall set aside a sale held pursuant to
Section 15-1507, upon motion of the mortgagor at any time
prior to the confirmation of the sale, if the mortgagor proves
by a preponderance of the evidence that (i) the mortgagor has
applied for assistance under the Making Home Affordable
Program established by the United States Department of the
Treasury pursuant to the Emergency Economic Stabilization Act
of 2008, as amended by the American Recovery and Reinvestment
Act of 2009, and (ii) the mortgaged real estate was sold in
material violation of the program's requirements for
proceeding to a judicial sale. The provisions of this
subsection (d-5), except for this sentence, shall become
inoperative on January 1, 2013 for all actions filed under
this Article after December 31, 2012, in which the mortgagor
did not apply for assistance under the Making Home Affordable
Program on or before December 31, 2012.

(e) Deficiency Judgment. In any order confirming a sale
pursuant to the judgment of foreclosure, the court shall also
enter a personal judgment for deficiency against any party (i)
if otherwise authorized and (ii) to the extent requested in
the complaint and proven upon presentation of the report of
sale in accordance with Section 15-1508. Except as otherwise
provided in this Article, a judgment may be entered for any
balance of money that may be found due to the plaintiff, over
and above the proceeds of the sale or sales, and enforcement
may be had for the collection of such balance, the same as
when the judgment is solely for the payment of money. Such
judgment may be entered, or enforcement had, only in cases
where personal service has been had upon the persons
personally liable for the mortgage indebtedness, unless they
have entered their appearance in the foreclosure action.
(f) Satisfaction. Upon confirmation of the sale, the
judgment stands satisfied to the extent of the sale price less
expenses and costs. If the order confirming the sale includes
a deficiency judgment, the judgment shall become a lien in the
manner of any other judgment for the payment of money.
(g) The order confirming the sale shall include,
notwithstanding any previous orders awarding possession during
the pendency of the foreclosure, an award to the purchaser of
possession of the mortgaged real estate, as of the date 30
days after the entry of the order, against the parties to the
foreclosure whose interests have been terminated.
An order of possession authorizing the removal of a person
from possession of the mortgaged real estate shall be entered
and enforced only against those persons personally named as
individuals in the complaint or the petition under subsection
(h) of Section 15-1701 and in the order of possession and
shall not be entered and enforced against any person who is
only generically described as an unknown owner or nonrecord
claimant or by another generic designation in the complaint.
Notwithstanding the preceding paragraph, the failure to
personally name, include, or seek an award of possession of
the mortgaged real estate against a person in the confirmation
order shall not abrogate any right that the purchaser may have
to possession of the mortgaged real estate and to maintain a
proceeding against that person for possession under Article 9
of this Code or subsection (h) of Section 15-1701; and
possession against a person who (1) has not been personally
named as a party to the foreclosure and (2) has not been
provided an opportunity to be heard in the foreclosure
proceeding may be sought only by maintaining a proceeding
under Article 9 of this Code or subsection (h) of Section
15-1701.
(Source: P.A. 95-826, eff. 8-14-08; 96-265, eff. 8-11-09;
96-856, eff. 3-1-10; 96-1245, eff. 7-23-10.)
(735 ILCS 5/15-1508.5)

Sec. 15-1508.5. Notice by holder or purchaser to known
occupants of dwelling units of mortgaged real estate.
(a) The holder of the certificate of sale or deed issued
pursuant to that certificate or, if no certificate or deed was
issued, the purchaser, shall:
(1) following the judicial sale under Section

15-1507, but no later than 21 days after the confirmation
of sale under Section 15-1508, make a good faith effort to
ascertain the identities and addresses of all occupants of
dwelling units of the mortgaged real estate; and
(2) following the order confirming sale under Section
15-1508, but no later than 21 days after the order
confirming sale, notify all known occupants of dwelling
units of the mortgaged real estate that the holder or
purchaser has acquired the mortgaged real estate. The
notice shall be in writing and shall:
(i) identify the occupant being served by the
name known to the holder or purchaser;
(ii) inform the occupant that the mortgaged real
estate at which the dwelling unit is located is the
subject of a foreclosure and that control of the
mortgaged real estate has changed;
(iii) provide the name, address, and telephone
number of an individual or entity whom the occupants
may contact with concerns about the mortgaged real
estate or to request repairs of that property;
(iv) include the following language, or language
that is substantially similar: "This is NOT a notice
to vacate the premises. You may wish to contact a
lawyer or your local legal aid or housing counseling
agency to discuss any rights that you may have."; and
(v) include the name of the case, the case
number, and the court where the order confirming the
sale has been entered.
(b) The written notice required by subsection (a) of this
Section shall be served by delivering a copy thereof to
the known occupant, or by leaving the same with some
person of the age of 13 years or upwards who is residing
on or in possession of the premises, or by sending a copy
of the notice to the known occupant by first-class mail,
addressed to the occupant by the name known to the holder
or purchaser.
(c) In the event that the holder or purchaser ascertains
the identity and address of an occupant of a dwelling unit
of the mortgaged real estate more than 21 days after the
confirmation of sale under Section 15-1508, the holder or
purchaser shall provide the notice required by
subparagraph (2) of subsection (a) within 7 days of
ascertaining the identity and address of the occupant.
(d)(i) A holder or purchaser who fails to comply with
subsections (a), (b), and (c) may not collect any rent due
and owing from a known occupant, or terminate a known
occupant's tenancy for non-payment of such rent, until the
holder or purchaser has served the notice described in
paragraph (2) of subsection (a) of this Section upon the
known occupant. After providing such notice, the holder or
purchaser may collect any and all rent otherwise due and
owing the holder or purchaser from the known occupant and
may terminate the known occupant's tenancy for non-payment
of such rent if the holder or purchaser otherwise has such
right to terminate.
(ii) An occupant who previously paid rent for the current
rental period to the mortgagor, or other entity with the

authority to operate, manage, and conserve the mortgaged
real estate at the time of payment, shall not be held
liable for that rent by the holder or purchaser, and the
occupant's tenancy shall not be terminated for non-payment
of rent for that rental period.
(e) Within 21 days of the confirmation of sale under
Section 15-1508, the holder or purchaser shall post a
written notice on the primary entrance of each dwelling
unit subject to the foreclosure action. This notice shall:
(i) inform occupant that the dwelling unit is the
subject of a foreclosure action and that control of the
mortgaged real estate has changed;
(ii) include the following language: "This is NOT a
notice to vacate the premises."; and
(iii) provide the name, address, and telephone number
of the individual or entity whom occupants may contact
with concerns about the mortgaged real estate or to
request repairs of the property.
(f)(i) The provisions of subsection (d) of this Section
shall be the exclusive remedy for the failure of a holder
or purchaser to provide notice to a known occupant under
this Section.
(ii) This Section shall not abrogate any right that a
holder or purchaser may have to possession of the
mortgaged real estate and to maintain a proceeding against
an occupant of a dwelling unit for possession under
Article 9 of this Code or subsection (h) of Section
15-1701.
(iii) In the event that the holder or purchaser is a
mortgagee in possession of the mortgaged real estate
pursuant to Section 15-1703 at the time of the
confirmation of sale and has complied with requirements of
subsection (a-5) of Section 15-1703, the holder or
purchaser is excused from the requirements of subsections
(a) and (e) of this Section.
(iv) A holder or purchaser is not required to provide the
notice required by this Section to a mortgagor or party
against whom an order of possession has been entered
authorizing the removal of the mortgagor or party pursuant
to subsection (g) of Section 15-1508.
(Source: P.A. 96-111, eff. 10-29-09.)
(735 ILCS 5/15-1509) (from Ch. 110, par. 15-1509)

Sec. 15-1509. Transfer of Title and Title Acquired.
(a) Deed. After (i) confirmation of the sale, and (ii)
payment of the purchase price and any other amounts required
to be paid by the purchaser at sale, the court (or, if the
court shall so order, the person who conducted the sale or
such person's successor or some persons specifically appointed
by the court for that purpose), shall upon the request of the
holder of the certificate of sale (or the purchaser if no
certificate of sale was issued), promptly execute a deed to
the holder or purchaser sufficient to convey title. Such deed
shall identify the court and the caption of the case in which
judgment was entered authorizing issuance of the deed.
Signature and the recital in the deed of the title or

authority of the person signing the deed as grantor, of
authority pursuant to the judgment and of the giving of the
notices required by this Article is sufficient proof of the
facts recited and of such authority to execute the deed, but
such deed shall not be construed to contain any covenant on
the part of the person executing it. If the deed issues to a
grantee prior to the expiration of the period for appealing
the confirmation of sale, and the grantee conveys title to
another party within that period, that other party will not be
deemed a bona fide purchaser unless and until such period
expires without an appeal having been filed or, an appeal
having been filed, such appeal is denied or withdrawn.
(b) Effect Upon Delivery of Deed. Delivery of the deed
executed on the sale of the real estate, even if the purchaser
or holder of the certificate of sale is a party to the
foreclosure, shall be sufficient to pass the title thereto.
(c) Claims Barred. Any vesting of title by a consent
foreclosure pursuant to Section 15-1402 or by deed pursuant to
subsection (b) of Section 15-1509, unless otherwise specified
in the judgment of foreclosure, shall be an entire bar of (i)
all claims of parties to the foreclosure and (ii) all claims
of any nonrecord claimant who is given notice of the
foreclosure in accordance with paragraph (2) of subsection (c)
of Section 15-1502, notwithstanding the provisions of
subsection (g) of Section 2-1301 to the contrary. Any person
seeking relief from any judgment or order entered in the
foreclosure in accordance with subsection (g) of Section
2-1301 of the Code of Civil Procedure may claim only an
interest in the proceeds of sale.
(Source: P.A. 86-974.)
(735 ILCS 5/15-1509.5)

Sec. 15-1509.5. Notice at time of conveyance. Any deed
executed pursuant to this Article or judgment vesting title by
a consent foreclosure pursuant to Section 15-1402 shall state
the grantee's or mortgagee's name (and the name of a contact
person), street and mailing addresses, and telephone number.
(Source: P.A. 96-110, eff. 7-31-09.)
(735 ILCS 5/15-1510) (from Ch. 110, par. 15-1510)

Sec. 15-1510. Attorney's Fees and Costs.
(a) The court may award reasonable attorney's fees and
costs to the defendant who prevails in a motion, an
affirmative defense or counterclaim, or in the foreclosure
action. A defendant who exercises the defendant's right of
reinstatement or redemption shall not be considered a
prevailing party for purposes of this Section. Nothing in this
subsection shall abrogate contractual terms in the mortgage or
other written agreement between the mortgagor and the
mortgagee or rights as otherwise provided in this Article
which allow the mortgagee to recover attorney's fees and costs
under subsection (b).
(b) Attorneys' fees and other costs incurred in connection
with the preparation, filing or prosecution of the foreclosure
suit shall be recoverable in a foreclosure only to the extent

specifically set forth in the mortgage or other written
agreement between the mortgagor and the mortgagee or as
otherwise provided in this Article.
(Source: P.A. 95-961, eff. 1-1-09.)
(735 ILCS 5/15-1511) (from Ch. 110, par. 15-1511)

Sec. 15-1511. Deficiency. Except as expressly prohibited
by this Article, foreclosure of a mortgage does not affect a
mortgagee's rights, if any, to obtain a personal judgment
against any person for a deficiency.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1512) (from Ch. 110, par. 15-1512)

Sec. 15-1512. Application of Proceeds of Sale and Surplus.
The proceeds resulting from a sale of real estate under this
Article shall be applied in the following order:
(a) the reasonable expenses of sale;
(b) the reasonable expenses of securing possession before
sale, holding, maintaining, and preparing the real estate for
sale, including payment of taxes and other governmental
charges, premiums on hazard and liability insurance,
receiver's and management fees, and, to the extent provided
for in the mortgage or other recorded agreement and not
prohibited by law, reasonable attorneys' fees, payments made
pursuant to Section 15-1505 and other legal expenses incurred
by the mortgagee;
(c) if the sale was pursuant to judicial foreclosure,
satisfaction of claims in the order of priority adjudicated in
the judgment of foreclosure or order confirming the sale; and
(d) remittance of any surplus to be held by the person
appointed by the court to conduct the sale until further order
of the court. If there is a surplus, such person conducting
the sale shall send written notice to all parties to the
proceeding advising them of the amount of the surplus, and
that the surplus shall be held until a party obtains a court
order for its distribution or until, in the absence of an
order, the surplus is forfeited to the State.
(Source: P.A. 86-974.)

Part 16. Reinstatement and Redemption
(735 ILCS 5/15-1601) (from Ch. 110, par. 15-1601)

Sec. 15-1601. Waiver of Rights of reinstatement and
Redemption. (a) Residential and Certain Agricultural Real
Estate. Except as otherwise provided in this Article, no
mortgagor of real estate which is residential real estate at
the time of such attempted waiver may waive the mortgagor's
rights of reinstatement and redemption, or either of them, and
any such waiver shall be void. Except as otherwise provided in
subsection (b) of this Section, no mortgagor of real estate
which is agricultural real estate at the time of such
attempted waiver may waive the mortgagor's rights of
reinstatement and redemption, or either of them, and any such
waiver shall be void.

(b) Other Real Estate. Any corporation or any corporate
trustee of any express trust who is a mortgagor of
agricultural real estate may waive the mortgagor's right of
redemption (i) by express waiver stated in the mortgage or
(ii) by any other waiver in writing which has been
acknowledged by the mortgagor and recorded. A mortgagor of
real estate other than a mortgagor of residential real estate
or other mortgagor who is not otherwise so prohibited by this
Article may waive the mortgagor's right of redemption (i) by
express waiver stated in the mortgage or (ii) by any other
waiver in writing which has been acknowledged by the mortgagor
and recorded.
(c) Waiver After Commencement of Foreclosure. After
commencement of a foreclosure proceeding under this Article a
mortgagor of residential real estate or other mortgagor who is
otherwise so prohibited may waive the mortgagor's rights of
reinstatement and redemption, or either of them, if (i) the
mortgagor expressly consents in writing to the entry of a
judgment without such right of reinstatement or redemption,
(ii) such written consent is filed with the clerk of the
court, and (iii) the mortgagee consents and agrees to waive
any and all rights to a deficiency judgment.
(d) Prior Waivers. Nothing contained in this Section shall
invalidate any waiver of any right of redemption made pursuant
to Section 12-124 or Section 12-125 of the Code of Civil
Procedure in effect prior to July 1, 1987 which is contained
in any instrument executed prior to July 1, 1987.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1602) (from Ch. 110, par. 15-1602)

Sec. 15-1602. Reinstatement. In any foreclosure of a
mortgage executed after July 21, 1959, which has become due
prior to the maturity date fixed in the mortgage, or in any
instrument or obligation secured by the mortgage, through
acceleration because of a default under the mortgage, a
mortgagor may reinstate the mortgage as provided herein.
Reinstatement is effected by curing all defaults then
existing, other than payment of such portion of the principal
which would not have been due had no acceleration occurred,
and by paying all costs and expenses required by the mortgage
to be paid in the event of such defaults, provided that such
cure and payment are made prior to the expiration of 90 days
from the date the mortgagor or, if more than one, all the
mortgagors (i) have been served with summons or by publication
or (ii) have otherwise submitted to the jurisdiction of the
court. When service is made by publication, the first date of
publication shall be used for the calculation. Upon such
reinstatement of the mortgage, the foreclosure and any other
proceedings for the collection or enforcement of the
obligation secured by the mortgage shall be dismissed and the
mortgage documents shall remain in full force and effect as if
no acceleration or default had occurred. The relief granted by
this Section shall not be exhausted by a single use thereof,
but if the court has made an express written finding that the
mortgagor has exercised its right to reinstate pursuant to
this Section, such relief shall not be again available to the
mortgagor under the same mortgage for a period of five years
from the date of the dismissal of such foreclosure. The

provisions of Section 9-110 of the Code of Civil Procedure
shall be inapplicable with respect to any instrument which is
deemed a mortgage under this Article. The court may enter a
judgment of foreclosure prior to the expiration of the
reinstatement period, subject to the right of the mortgagor to
reinstate the mortgage under this Section.
(Source: P.A. 86-974.)
(735 ILCS 5/15-1603) (from Ch. 110, par. 15-1603)

Sec. 15-1603. Redemption.
(a) Owner of Redemption. Except as provided in subsection
(b) of Section 15-1402, only an owner of redemption may redeem
from the foreclosure, and such owner of redemption may redeem
only during the redemption period specified in subsection (b)
of Section 15-1603 and only if the right of redemption has not
been validly waived.
(b) Redemption Period.
(1) In the foreclosure of a mortgage of real estate
which is residential real estate at the time the
foreclosure is commenced, the redemption period shall end
on the later of (i) the date 7 months from the date the
mortgagor or, if more than one, all the mortgagors (A)
have been served with summons or by publication or (B)
have otherwise submitted to the jurisdiction of the court,
or (ii) the date 3 months from the date of entry of a
judgment of foreclosure.
(2) In all other foreclosures, the redemption period
shall end on the later of (i) the date 6 months from the
date the mortgagor or, if more than one, all the
mortgagors (A) have been served with summons or by
publication or (B) have otherwise submitted to the
jurisdiction of the court, or (ii) the date 3 months from
the date of entry of a judgment of foreclosure.
(3) Notwithstanding paragraphs (1) and (2), the
redemption period shall end at the later of the expiration
of any reinstatement period provided for in Section
15-1602 or the date 60 days after the date the judgment of
foreclosure is entered, if the court finds that (i) the
value of the mortgaged real estate as of the date of the
judgment is less than 90% of the amount specified pursuant
to subsection (d) of Section 15-1603 and (ii) the
mortgagee waives any and all rights to a personal judgment
for a deficiency against the mortgagor and against all
other persons liable for the indebtedness or other
obligations secured by the mortgage.
(4) Notwithstanding paragraphs (1) and (2), the
redemption period shall end on the date 30 days after the
date the judgment of foreclosure is entered if the court
finds that the mortgaged real estate has been abandoned.
In cases where the redemption period is shortened on
account of abandonment, the reinstatement period shall not
extend beyond the redemption period as shortened.
(c) Extension of Redemption Period.
(1) Once expired, the right of redemption provided
for in Sections 15-1603 or 15-1604 shall not be revived.
The period within which the right of redemption provided

for in Sections 15-1603 or 15-1604 may be exercised runs
independently of any action by any person to enforce the
judgment of foreclosure or effect a sale pursuant thereto.
Neither the initiation of any legal proceeding nor the
order of any court staying the enforcement of a judgment
of foreclosure or the sale pursuant to a judgment or the
confirmation of the sale, shall have the effect of tolling
the running of the redemption period.
(2) If a court has the authority to stay, and does
stay, the running of the redemption period, or if the
redemption period is extended by any statute of the United
States, the redemption period shall be extended until the
expiration of the same number of days after the expiration
of the stay order as the number of days remaining in the
redemption period at the time the stay order became
effective, or, if later, until the expiration of 30 days
after the stay order terminates. If the stay order
terminates more than 30 days prior to the expiration of
the redemption period, the redemption period shall not be
extended.
(d) Amount Required to Redeem. The amount required to
redeem shall be the sum of:
(1) The amount specified in the judgment of
foreclosure, which shall consist of (i) all principal and
accrued interest secured by the mortgage and due as of the
date of the judgment, (ii) all costs allowed by law, (iii)
costs and expenses approved by the court, (iv) to the
extent provided for in the mortgage and approved by the
court, additional costs, expenses and reasonable
attorneys' fees incurred by the mortgagee, (v) all amounts
paid pursuant to Section 15-1505 and (vi) per diem
interest from the date of judgment to the date of
redemption calculated at the mortgage rate of interest
applicable as if no default had occurred; and
(2) The amount of other expenses authorized by the
court which the mortgagee reasonably incurs between the
date of judgment and the date of redemption, which shall
be the amount certified by the mortgagee in accordance
with subsection (e) of Section 15-1603.
(e) Notice of Intent to Redeem. An owner of redemption who
intends to redeem shall give written notice of such intent to
redeem to the mortgagee's attorney of record specifying the
date designated for redemption and the current address of the
owner of redemption for purposes of receiving notice. Such
owner of redemption shall file with the clerk of the court a
certification of the giving of such notice. The notice of
intent to redeem must be received by the mortgagee's attorney
at least 15 days (other than Saturday, Sunday or court
holiday) prior to the date designated for redemption. The
mortgagee shall thereupon file with the clerk of the court and
shall give written notice to the owner of redemption at least
three days (other than Saturday, Sunday or court holiday)
before the date designated for redemption a certification,
accompanied by copies of paid receipts or appropriate
affidavits, of any expenses authorized in paragraph (2) of
subsection (d) of Section 15-1603. If the mortgagee fails to
serve such certification within the time specified herein,
then the owner of redemption intending to redeem may redeem on

the date designated for redemption in the notice of intent to
redeem, and the mortgagee shall not be entitled to payment of
any expenses authorized in paragraph (2) of subsection (d) of
Section 15-1603.
(f) Procedure for Redemption.
(1) An owner of redemption may redeem the real
estate from the foreclosure by paying the amount specified
in subsection (d) of Section 15-1603 to the mortgagee or
the mortgagee's attorney of record on or before the date
designated for redemption pursuant to subsection (e) of
Section 15-1603.
(2) If the mortgagee refuses to accept payment or if
the owner of redemption redeeming from the foreclosure
objects to the reasonableness of the additional expenses
authorized in paragraph (2) of subsection (d) of Section
15-1603 and certified in accordance with subsection (e) of
Section 15-1603, the owner of redemption shall pay the
certified amount to the clerk of the court on or before
the date designated for redemption, together with a
written statement specifying the expenses to which
objection is made. In such case the clerk shall pay to the
mortgagee the amount tendered minus the amount to which
the objection pertains.
(3) Upon payment to the clerk, whether or not the
owner of redemption files an objection at the time of
payment, the clerk shall give a receipt of payment to the
person redeeming from the foreclosure, and shall file a
copy of that receipt in the foreclosure record. Upon
receipt of the amounts specified to be paid to the
mortgagee pursuant to this Section, the mortgagee shall
promptly furnish the mortgagor with a release of the
mortgage or satisfaction of the judgment, as appropriate,
and the evidence of all indebtedness secured by the
mortgage shall be cancelled.
(g) Procedure Upon Objection. If an objection is filed by
an owner of redemption in accordance with paragraph (2) of
subsection (f) of Section 15-1603, the clerk shall hold the
amount to which the objection pertains until the court orders
distribution of those funds. The court shall hold a hearing
promptly to determine the distribution of any funds held by
the clerk pursuant to such objection. Each party shall pay its
own costs and expenses in connection with any objection,
including attorneys' fees, subject to Section 2-611 of the
Code of Civil Procedure.
(h) Failure to Redeem. Unless the real estate being
foreclosed is redeemed from the foreclosure, it shall be sold
as provided in this Article.
(Source: P.A. 86-974.)
(735 ILCS 5/15-1604) (from Ch. 110, par. 15-1604)

Sec. 15-1604. Special Right to Redeem.
(a) Circumstances. With respect to residential real
estate, if (i) the purchaser at the sale was a mortgagee who
was a party to the foreclosure or its nominee and (ii) the
sale price was less than the amount specified in subsection
(d) of Section 15-1603, then, and only in such circumstances,

an owner of redemption as specified in subsection (a) of
Section 15-1603 shall have a special right to redeem, for a
period ending 30 days after the date the sale is confirmed, by
paying to the mortgagee (i) the sale price, (ii) all
additional costs and expenses incurred by the mortgagee set
forth in the report of sale and confirmed by the court, and
(iii) interest at the statutory judgment rate from the date
the purchase price was paid or credited as an offset.
(b) Procedure. Upon receipt of such amount, the mortgagee
shall assign to the redeeming owner of redemption its
certificate of sale or its right to such certificate or to a
deed. The mortgagee shall give to the redeeming owner of
redemption an executed duplicate of such assignment, marked
"Duplicate", which duplicate the owner of redemption shall
file with the court. If a deed has been issued to the
mortgagee or its nominee, the holder of such deed, or such
holder's successor in title, shall execute and deliver a deed
conveying the mortgaged real estate to the redeeming owner of
redemption subject only to those encumbrances that would
normally arise on title if a redemption were made under
Section 15-1603, including a deficiency, if any, resulting
from the foreclosure sale. Nothing contained herein shall
affect the right to a personal or in rem deficiency judgment,
and enforcement thereof shall be allowed as provided by law.
Any deficiency judgment shall retain the same priority on
title as did the mortgage from which it arose. The mortgagee,
its nominee or its successors in title shall not permit
encumbrances on title arising on or after the date of the deed
to the mortgagee or nominee caused by or relating to the
mortgagee or its nominee or its successors in title.
(Source: P.A. 86-974.)
(735 ILCS 5/15-1605) (from Ch. 110, par. 15-1605)

Sec. 15-1605. Equitable Right of Redemption. No equitable
right of redemption shall exist or be enforceable under or
with respect to a mortgage after a judicial sale of the
mortgaged real estate pursuant to Section 15-1507 or after
entry of a judgment of foreclosure pursuant to Sections
15-1402 or 15-1403.
(Source: P.A. 84-1462.)

Part 17. Possession During Foreclosure
(735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)

Sec. 15-1701. Right to possession.
(a) General. The provisions of this Article shall govern
the right to possession of the mortgaged real estate during
foreclosure. Possession under this Article includes physical
possession of the mortgaged real estate to the same extent to
which the mortgagor, absent the foreclosure, would have been
entitled to physical possession. For the purposes of Part 17,
real estate is residential real estate only if it is
residential real estate at the time the foreclosure is
commenced.
(b) Pre-Judgment. Prior to the entry of a judgment of
foreclosure:
(1) In the case of residential real estate, the
mortgagor shall be entitled to possession of the real
estate except if (i) the mortgagee shall object and show
good cause, (ii) the mortgagee is so authorized by the
terms of the mortgage or other written instrument, and
(iii) the court is satisfied that there is a reasonable
probability that the mortgagee will prevail on a final
hearing of the cause, the court shall upon request place
the mortgagee in possession. If the residential real
estate consists of more than one dwelling unit, then for
the purpose of this Part residential real estate shall
mean only that dwelling unit or units occupied by persons
described in clauses (i), (ii) and (iii) of Section
15-1219.
(2) In all other cases, if (i) the mortgagee is so
authorized by the terms of the mortgage or other written
instrument, and (ii) the court is satisfied that there is
a reasonable probability that the mortgagee will prevail
on a final hearing of the cause, the mortgagee shall upon
request be placed in possession of the real estate, except
that if the mortgagor shall object and show good cause,
the court shall allow the mortgagor to remain in
possession.
(c) Judgment Through 30 Days After Sale Confirmation.
After the entry of a judgment of foreclosure and through the
30th day after a foreclosure sale is confirmed:
(1) Subsection (b) of Section 15-1701 shall be
applicable, regardless of the provisions of the mortgage
or other instrument, except that after a sale pursuant to
the judgment the holder of the certificate of sale (or, if
none, the purchaser at the sale) shall have the
mortgagee's right to be placed in possession, with all
rights and duties of a mortgagee in possession under this
Article.
(2) Notwithstanding paragraph (1) of subsection (b)
and paragraph (1) of subsection (c) of Section 15-1701,
upon request of the mortgagee, a mortgagor of residential
real estate shall not be allowed to remain in possession
between the expiration of the redemption period and
through the 30th day after sale confirmation unless (i)
the mortgagor pays to the mortgagee or such holder or
purchaser, whichever is applicable, monthly the lesser of
the interest due under the mortgage calculated at the
mortgage rate of interest applicable as if no default had
occurred or the fair rental value of the real estate, or
(ii) the mortgagor otherwise shows good cause. Any amounts
paid by the mortgagor pursuant to this subsection shall be
credited against the amounts due from the mortgagor.
(d) After 30 Days After Sale Confirmation. The holder of
the certificate of sale or deed issued pursuant to that
certificate or, if no certificate or deed was issued, the
purchaser, except to the extent the holder or purchaser may
consent otherwise, shall be entitled to possession of the
mortgaged real estate, as of the date 30 days after the order
confirming the sale is entered, against those parties to the
foreclosure whose interests the court has ordered terminated,

without further notice to any party, further order of the
court, or resort to proceedings under any other statute other
than this Article. This right to possession shall be limited
by the provisions governing entering and enforcing orders of
possession under subsection (g) of Section 15-1508. If the
holder or purchaser determines that there are occupants of the
mortgaged real estate who have not been made parties to the
foreclosure and had their interests terminated therein, the
holder or purchaser may bring a proceeding under subsection
(h) of this Section or under Article 9 of this Code to
terminate the rights of possession of any such occupants. The
holder or purchaser shall not be entitled to proceed against
any such occupant under Article 9 of this Code until after 30
days after the order confirming the sale is entered.
(e) Termination of Leases. A lease of all or any part of
the mortgaged real estate shall not be terminated
automatically solely by virtue of the entry into possession by
(i) a mortgagee or receiver prior to the entry of an order
confirming the sale, (ii) the holder of the certificate of
sale, (iii) the holder of the deed issued pursuant to that
certificate, or (iv) if no certificate or deed was issued, the
purchaser at the sale.
(f) Other Statutes; Instruments. The provisions of this
Article providing for possession of mortgaged real estate
shall supersede any other inconsistent statutory provisions.
In particular, and without limitation, whenever a receiver is
sought to be appointed in any action in which a foreclosure is
also pending, a receiver shall be appointed only in accordance
with this Article. Except as may be authorized by this
Article, no mortgage or other instrument may modify or
supersede the provisions of this Article.
(g) Certain Leases. Leases of the mortgaged real estate
entered into by a mortgagee in possession or a receiver and
approved by the court in a foreclosure shall be binding on all
parties, including the mortgagor after redemption, the
purchaser at a sale pursuant to a judgment of foreclosure and
any person acquiring an interest in the mortgaged real estate
after entry of a judgment of foreclosure in accordance with
Sections 15-1402 and 15-1403.
(h) Proceedings Against Certain Occupants.
(1) The mortgagee-in-possession of the mortgaged real
estate under Section 15-1703, a receiver appointed under
Section 15-1704, a holder of the certificate of sale or
deed, or the purchaser may, at any time during the
pendency of the foreclosure and up to 90 days after the
date of the order confirming the sale, file a supplemental
petition for possession against a person not personally
named as a party to the foreclosure. The supplemental
petition for possession shall name each such occupant
against whom possession is sought and state the facts upon
which the claim for relief is premised.
(2) The petitioner shall serve upon each named
occupant the petition, a notice of hearing on the
petition, and, if any, a copy of the certificate of sale
or deed. The proceeding for the termination of such
occupant's possessory interest, including service of the
notice of the hearing and the petition, shall in all
respects comport with the requirements of Article 9 of

this Code, except as otherwise specified in this Section.
The hearing shall be no less than 21 days from the date of
service of the notice.
(3) The supplemental petition shall be heard as part
of the foreclosure proceeding and without the payment of
additional filing fees. An order for possession obtained
under this Section shall name each occupant whose interest
has been terminated, shall recite that it is only
effective as to the occupant so named and those holding
under them, and shall be enforceable for no more than 120
days after its entry, except that the 120-day period may
be extended to the extent and in the manner provided in
Section 9-117 of Article 9 and except as provided in item
(4) of this subsection (h).
(4) In a case of foreclosure where the occupant is
current on his or her rent, or where timely written notice
of to whom and where the rent is to be paid has not been
provided to the occupant, or where the occupant has made
good-faith efforts to make rental payments in order to
keep current, any order of possession must allow the
occupant to retain possession of the property covered in
his or her rental agreement (i) for 120 days following the
notice of the hearing on the supplemental petition that
has been properly served upon the occupant, or (ii)
through the duration of his or her lease, whichever is
shorter, provided that if the duration of his or her lease
is less than 30 days from the date of the order, the order
shall allow the occupant to retain possession for 30 days
from the date of the order. A mortgagee in possession,
receiver, holder of a certificate of sale or deed, or
purchaser at the judicial sale, who asserts that the
occupant is not current in rent, shall file an affidavit
to that effect in the supplemental petition proceeding. If
the occupant has been given timely written notice of to
whom and where the rent is to be paid, this item (4) shall
only apply if the occupant continues to pay his or her
rent in full during the 120-day period or has made
good-faith efforts to pay the rent in full during that
period. No mortgagee-in-possession, receiver or holder of
a certificate of sale or deed, or purchaser who fails to
file a supplemental petition under this subsection during
the pendency of a mortgage foreclosure shall file a
forcible entry and detainer action against an occupant of
the mortgaged real estate until 90 days after a notice of
intent to file such action has been properly served upon
the occupant.
(5) The court records relating to a supplemental
petition for possession filed under this subsection (h)

against an occupant who is entitled to notice under item
(4) of this subsection (h), or relating to a forcible
entry and detainer action brought against an occupant who
would have lawful possession of the premises but for the
foreclosure of a mortgage on the property, shall be
ordered sealed and shall not be disclosed to any person,
other than a law enforcement officer or any other
representative of a governmental entity, except upon
further order of the court.

(Source: P.A. 95-262, eff. 1-1-08; 95-933, eff. 8-26-08;
96-60, eff. 7-23-09; 96-111, eff. 10-29-09; 96-1000, eff.
7-2-10.)
(735 ILCS 5/15-1702) (from Ch. 110, par. 15-1702)

Sec. 15-1702. Specific Rules of Possession. (a)
Mortgagee's Rights. No mortgagee shall be required to take
possession of the mortgaged real estate, whether upon
application made by any other party or otherwise. Whenever a
mortgagee entitled to possession so requests, the court shall
appoint a receiver. The failure of a mortgagee to request
possession or appointment of a receiver shall not preclude a
mortgagee otherwise entitled to possession from making such a
request at any future time. The appointment of a receiver
shall not preclude a mortgagee from thereafter seeking to
exercise such mortgagee's right to be placed in possession.
(b) Designation of Receivers. Whenever a receiver is to be
appointed, the mortgagee shall be entitled to designate the
receiver. If the mortgagor or any other party to the
foreclosure objects to any such designation or designations
and shows good cause, or the court disapproves the designee,
the mortgagee in such instance shall be entitled to make
another designation.
(c) Rights of Mortgagee Having Priority. If a mortgagee
having priority objects to the proposed possession by a
subordinate mortgagee or by a receiver designated by the
subordinate mortgagee, upon entry of a finding in accordance
with subsection (d) of Section 15-1702 the court shall instead
place that objecting mortgagee in possession or, if a receiver
is to be designated in accordance with subsection (b) of
Section 15-1702, allow the designation of the receiver to be
made by that objecting mortgagee.
(d) Removal of Mortgagee in Possession. A mortgagee placed
in possession shall not be removed from possession, and no
receiver or other mortgagee shall be placed in possession
except upon (i) the mortgagee's misconduct, death, legal
disability or other inability to act, (ii) appointment of a
receiver in accordance with subsection (a) of Section 15-1704
or (iii) a showing of good cause by a mortgagee having
priority. A receiver shall not be removed solely on account of
being designated by a mortgagee later determined not to have
priority.
(e) Determination of Priority. If the court is required to
determine priority for the purposes of subsection (c) of
Section 15-1702, a new determination shall be made each time a
mortgagee is to be placed in possession or a receiver is to be
appointed and shall be an interim determination which shall
not preclude the court from making a contrary determination
later in the foreclosure. If the court subsequently shall make
such a contrary determination, a mortgagee in possession or
acting receiver shall not be removed except in accordance with
Part 17 of this Article.
(f) Rights to Crops. With respect to any crops growing or
to be grown on the mortgaged real estate, the rights of a
holder of any obligation secured by a collateral assignment of
beneficial interest in a land trust, the rights of a mortgagee

in possession, or the rights of a receiver, including rights
by virtue of an equitable lien, shall be subject to a security
interest properly perfected pursuant to Article 9 of the
Uniform Commercial Code, where the holder of a collateral
assignment, mortgagee in possession, or receiver becomes
entitled to crops by obtaining possession on or after the
effective date of this Amendatory Act of 1988.
(Source: P.A. 85-1427.)
(735 ILCS 5/15-1703) (from Ch. 110, par. 15-1703)

Sec. 15-1703. Mortgagee in Possession.
(a) Powers and Duties. A mortgagee placed in possession of
the real estate pursuant to Section 15-1701 or Section 15-1702
shall have:
(1) such power and authority with respect to the real
estate and other property subject to the mortgage,
including the right to receive the rents, issues and
profits thereof, as may have been conferred upon the
mortgagee by the terms of the mortgage or other written
instrument authorizing the taking of possession;
(2) all other rights and privileges of a mortgagee in
possession under law not inconsistent herewith; and
(3) the same powers, duties and liabilities as a
receiver appointed for the real estate in accordance with
this Article. If an order placing a mortgagee in
possession is modified, revoked or set aside, the
mortgagee shall not be liable for any damages to the
extent such damages arise solely out of the fact that the
mortgagor was removed from possession or that the
mortgagee was placed in possession.
(a-5) Notice to occupants.
(1) Following the order placing the mortgagee in
possession of the mortgaged real estate, but no later than
21 days after the entry of such order, the mortgagee in
possession shall make a good faith effort to ascertain the
identities and addresses of all occupants of dwelling
units of the mortgaged real estate.
(2) Following the order placing the mortgagee in
possession of the mortgaged real estate, but no later than
21 days after the entry of such order, the mortgagee in
possession shall notify all known occupants of dwelling
units of the mortgaged real estate that the mortgagee has
taken possession of the mortgaged real estate. The notice
shall be in writing and shall:
name known to the mortgagee in possession;
subject of a foreclosure action and that control of
the mortgaged real estate has changed;
number of the individual or entity whom occupants may
contact with concerns about the mortgaged real estate
or to request repairs of that property;

number, and the court where the foreclosure action is
pending.
(3) The written notice required by item (2) of this
subsection (a-5) shall be served by delivering a copy
thereof to the known occupant, or by leaving the same with
some person of the age of 13 years or upwards, who is
residing on or in possession of the premises; or by
sending a copy of the notice to the known occupant by
first-class mail, addressed to the occupant by the name
known to the mortgagee in possession.
(4) In the event that a mortgagee in possession
ascertains the identity and address of an occupant of a
dwelling unit of the mortgaged real estate more than 21
days after being placed in possession of the mortgaged
real estate pursuant to Section 15-1703, the mortgagee in
possession shall provide the notice required by item (2)
of this subsection (a-5) within 7 days of ascertaining the
identity and address of the occupant.
(5)(i) A mortgagee in possession who fails to comply
with items (1), (2), (3), and (4) of this subsection (a-5)
may not collect any rent due and owing from a known
occupant, or terminate a known occupant's tenancy for
non-payment of such rent, until the mortgagee in
possession has served the notice described in item (2) of
this subsection (a-5) upon the known occupant. After
providing such notice, the mortgagee in possession may
collect any and all rent otherwise due and owing the
mortgagee in possession from the known occupant and may
terminate the known occupant's tenancy for non-payment of
such rent if the mortgagee in possession otherwise has
such right to terminate.
(ii) An occupant who previously paid rent for the
current rental period to the mortgagor, or other entity
with the authority to operate, manage, and conserve the
mortgaged real estate at the time of payment, shall not be
held liable for that rent by the mortgagee in possession,
and the occupant's tenancy shall not be terminated for
non-payment of rent for that rental period.
(6) Within 21 days of the order placing the mortgagee
in possession of the mortgaged real estate, the mortgagee
in possession shall post a written notice on the primary
entrance of each dwelling unit subject to the foreclosure
action that informs the occupants that the mortgagee in
possession is now operating and managing the mortgaged
real estate. This notice shall:
(ii) include the following language: "This is NOT
a notice to vacate the premises."; and

or to request repairs of the property.

(7)(i) The provisions of item (5) of this subsection
(a-5) shall be the exclusive remedy for the failure of a
mortgagee in possession to provide notice to a known
occupant under this Section.
mortgagee in possession may have to possession of the
mortgaged real estate and to maintain a proceeding against
an occupant of a dwelling unit for possession under
Article 9 of this Code or subsection (h) of Section
15-1701.
(b) Fees and Expenses. A mortgagee in possession shall not
be entitled to any fees for so acting, but shall be entitled
to reimbursement for reasonable costs, expenses and third
party management fees incurred in connection with such
possession.
(Source: P.A. 96-111, eff. 10-29-09.)
(735 ILCS 5/15-1704) (from Ch. 110, par. 15-1704)

Sec. 15-1704. Receivers.
(a) Receiver. Notwithstanding the provisions of
subsections (b), (c) and (d) of Section 15-1701, and except as
provided in Section 15-1702, upon request of any party and a
showing of good cause, the court shall appoint a receiver for
the mortgaged real estate.
(b) Powers. A receiver appointed pursuant to this Article
shall have possession of the mortgaged real estate and other
property subject to the mortgage during the foreclosure, shall
have full power and authority to operate, manage and conserve
such property, and shall have all the usual powers of
receivers in like cases. Without limiting the foregoing, a
receiver shall have the power and authority to:
(1) secure tenants and execute leases for the real
estate, the duration and terms of which are reasonable and
customary for the type of use involved, and such leases
shall have the same priority as if made by the owner of
the real estate; but, unless approved by the Court, the
receiver shall not execute oil, gas or other mineral
leases, or (even if otherwise allowed by law) leases
extending beyond the time of the receiver's possession;
provided, however, with respect to residential real estate
leased by the receiver, nothing in this Section shall
affect the legal rights of any lessee with respect to the
safety and habitability of the residential real estate;
(2) collect the rents, issues and profits from the
(3) insure the mortgaged real estate against loss by
fire or other casualty;
(4) employ counsel, custodians, janitors and other
help; and
(5) pay taxes which may have been or may be levied
against the mortgaged real estate.
(c) Duties. A receiver appointed pursuant to this Article
must manage the mortgaged real estate as would a prudent
person, taking into account the effect of the receiver's
management on the interest of the mortgagor. A receiver may,
without an order of the court, delegate managerial functions
to a person in the business of managing real estate of the

kind involved who is financially responsible, not related to
the mortgagee or receiver and prudently selected. However, the
receiver shall remain responsible to the mortgagor or other
persons for the acts or omissions of such management agent.
When fees are paid to such a management agent, the receiver's
fees may be adjusted to the extent the court deems
appropriate. In managing the mortgaged real estate and other
property subject to the mortgage, a receiver or receiver's
delegate, to the extent the receiver receives sufficient
receipts from the mortgaged real estate, such other property
or other sources, except to the extent ordered otherwise by
the court:
(1) shall maintain the existing casualty and
liability insurance required in accordance with the
mortgage or applicable to the real estate and other
property subject to the mortgage at the time the receiver
took possession;
(2) shall use reasonable efforts to maintain the real
estate and other property subject to the mortgage in at
least as good condition as existed at the time the
receiver took possession, excepting reasonable wear and
tear and damage by any casualty;
(2.5) shall accept all rental payments from an
occupant of the mortgaged property, and any payments from
a third party or any rental assistance program in support
of an occupant's housing;
(3) shall apply receipts to payment of ordinary
operating expenses, including royalties, rents and other
expenses of management;
(4) shall pay any shared or common expense
assessments due to any association of owners of interests
in real estate to the extent that such assessments are or
may become a lien against the mortgaged real estate;
(5) may pay the amounts due under any mortgage if the
mortgagee thereof is not a party in the foreclosure;
(6) may carry such additional casualty and liability
insurance as is reasonably available and reasonable as to
amounts and risks covered;
(7) may make other repairs and improvements necessary
to comply with building, housing, and other similar codes
or with existing contractual obligations affecting the
(8) may hold receipts as reserves reasonably required
for the foregoing purposes; and
(9) may take such other actions as may be reasonably
necessary to conserve the mortgaged real estate and other
property subject to the mortgage, or as otherwise
authorized by the court.
(d) Allocation of Receipts. Receipts received from
operation of the real estate and other property subject to the
mortgage by the receiver shall be applied in the following
order of priority.
(1) to reimbursement of the receiver for all
reasonable costs and expenses incurred by the receiver or
the receiver's delegates;
(2) to payment of insurance premiums authorized in
paragraph (1) of subsection (c) of Section 15-1704;
(3) to payment of the receiver's delegates of any
reasonable management fees for managing real estate of the

type involved;
(4) to payment of receiver's fees allowed by the
court;
(5) to payment of expenses authorized in paragraphs
(2), (3) and (4) of subsection (c) of Section 15-1704;
(6) to payment of amounts authorized in paragraph (5)
of subsection (c) of Section 15-1704;
(7) to payment of expenses authorized in paragraphs
(6) and (7) of subsection (c) of Section 15-1704; and
(8) the balance, if any, shall be held or disbursed
as ordered by the court.
(e) Non-Liability for Allocations. A receiver shall in no
event be liable to any person for the allocation of, or
failure to allocate, receipts to possible expenditures within
the same priority category.
(f) Notice to occupants.
(1) Following an order appointing a receiver pursuant
to Section 15-1704, but no later than 21 days after the
entry of such order, the appointed receiver shall make a
good faith effort to ascertain the identities and
addresses of all occupants of dwelling units of the
mortgaged real estate.
(2) Following an order appointing a receiver pursuant
to Section 15-1704, but no later than 21 days after the
entry of such order, the appointed receiver shall notify
all known occupants of dwelling units of the mortgaged
real estate that the receiver has been appointed receiver
of the mortgaged real estate. Such notice shall be in
writing and shall:
name known to the receiver;
or to request repairs of that property;
number, and the court where the foreclosure action is
pending.
(3) The written notice required by item (2) of this
subsection (f) shall be served by delivering a copy
thereof to the known occupant, or by leaving the same with
some person of the age of 13 years or upwards, who is
residing on or in possession of the premises; or by
sending a copy of the notice to the known occupant by
first-class mail, addressed to the occupant by the name
known to the receiver.
(4) In the event that a receiver ascertains the
identity and address of an occupant of a dwelling unit of

the mortgaged real estate more than 21 days after
appointment pursuant to Section 15-1704, the receiver
shall provide the notice required by item (2) of this
subsection (f) within 7 days of ascertaining the identity
and address of the occupant.
(5)(i) A receiver who fails to comply with items (1),
(2), (3), and (4) of this subsection (f) may not collect
any rent due and owing from a known occupant, or terminate
a known occupant's tenancy for non-payment of such rent,
until the receiver has served the notice described in item
(2) of this subsection (f) upon the known occupant. After
providing such notice, the receiver may collect any and
all rent otherwise due and owing the receiver from the
known occupant and may terminate the known occupant's
tenancy for non-payment of such rent if the receiver
otherwise has such right to terminate.
(ii) An occupant who previously paid rent for the
current rental period to the mortgagor, or other entity
with the authority to operate, manage, and conserve the
mortgaged real estate at the time of payment, shall not be
held liable for that rent by the receiver, and the
occupant's tenancy shall not be terminated for non-payment
of rent for that rental period.
(6) Within 21 days of appointment, the receiver shall
post a written notice on the primary entrance of each
dwelling unit subject to the foreclosure action that
informs occupants that the receiver has been appointed to
operate and manage the property. This notice shall:
(ii) include the following language: "This is NOT
a notice to vacate the premises."; and
or to request repairs of the property.
(7)(i) The provisions of item (5) of this subsection
(f) shall be the exclusive remedy for the failure of a
receiver to provide notice to a known occupant under this
Section.
receiver may have to possession of the mortgaged real
estate and to maintain a proceeding against an occupant of
a dwelling unit for possession under Article 9 of this
Code or subsection (h) of Section 15-1701.
(g) Increase of rents. Notwithstanding any other
provision of this Article, a receiver shall not charge an
occupant of the mortgaged real estate a rental amount
above that which the occupant had been paying for use and
occupancy of the mortgaged real estate prior to the
appointment of a receiver without leave of court. The
court may allow an increase of rent if, upon motion by the
receiver, the court finds by a preponderance of the
evidence, that the increase of rent is necessary to
operate, manage, and conserve the mortgaged real estate
pursuant to this Section. A list of the current rents for
each unit in the mortgaged real estate, and a list of the

proposed rent increase for each of those units, must be
attached to a motion for a rent increase under this
subsection (g). All occupants of the mortgaged real estate
who may be affected by the motion for a rent increase, if
not otherwise entitled to notice, shall be notified in
writing of the nature of the motion, the date and time of
the motion, and the court where the motion will be heard.
Such notice shall be by personal service or first-class
mail. In the event that the receiver and an occupant of a
dwelling unit agree to a rent increase for that dwelling
unit, the receiver is excused from the requirements of
this subsection (g) as to that dwelling unit. Nothing in
this subsection (g) shall alter the terms of any lease
agreement.
(h) Removal. The court may remove a receiver upon a
showing of good cause, in which case a new receiver may be
appointed in accordance with subsection (b) of Section 15-1702
and subsection (a) of Section 15-1704.
(Source: P.A. 96-111, eff. 10-29-09.)
(735 ILCS 5/15-1705) (from Ch. 110, par. 15-1705)

Sec. 15-1705. Bond. (a) Mortgagee in Possession. Upon good
cause shown after notice and hearing, the court may require
that a mortgagee in possession give bond to other parties to
account for what shall come into the mortgagee's possession by
virtue of taking possession of the mortgaged real estate and
for the acts of such mortgagee. The bond shall be in such
reasonable amount, form and with such surety as may be
required by the court.
(b) Receiver. When a receiver is appointed, bond may be
required in accordance with Section 2-415 of the Code of Civil
Procedure.
(c) Corporations. Notwithstanding the provisions of
subsections (a) and (b) of Section 15-1705, a corporation
qualified to administer trusts in this State that is acting as
a mortgagee in possession or receiver shall not be required to
give bond other than appeal bonds.
(Source: P.A. 84-1462.)
(735 ILCS 5/15-1706) (from Ch. 110, par. 15-1706)

Sec. 15-1706. Possession.
(a) Request. A request that the mortgagee be placed in
possession or that a receiver be appointed may be made by
motion, whether or not such request is included in the
complaint or other pleading. Any such request shall be
supported by affidavit or other sworn pleading.
(b) Meaning of Request. A request in a motion or in the
complaint or other pleading that the mortgagee be placed in
possession or that a receiver be appointed shall be construed
to mean a mortgagee placed in possession or a receiver
appointed in accordance with, and with powers and duties
specified by, Part 17 of this Article.
(c) Hearing. After reasonable notice has been given to all
other parties, the court shall promptly hold a hearing and
promptly rule on a request that a mortgagee be placed in
possession or that a receiver be appointed, except that, if no

objection to the request is made prior to the time specified
for the hearing, the court shall rule without a hearing.
(d) Reasonable Notice. For the purposes of subsection (c)
of Section 15-1706, notice shall be reasonable if given as
much in advance of the hearing as notice of motions generally
is required to be given under applicable court rules, and if
served in the same manner as motions generally are served;
except, if the mortgagor has not been served with the
complaint, the mortgagor must be served in the same manner as
required for service of process. Notwithstanding anything in
the foregoing sentence to the contrary, except with respect to
the mortgagor of residential real estate which has not been
abandoned, the court may rule without service on a party, if
the party is in default or if the party making the request
shows good cause by affidavit or other sworn evidence. If the
mortgagor is not served prior to the hearing, he shall be
given notice of the hearing to the same extent as applicable
court rules may provide for post-hearing notice of emergency
and ex parte motions.
(Source: P.A. 84-1462.)
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Illinois Mortgage Foreclosure Law - Statutes

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Illinois Mortgage Foreclosure Law - Statutes

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735 ILCS 5/ Code of Civil Procedure.

Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau

(735 ILCS 5/Art. XV heading)

(735 ILCS 5/Art. XV Pt. 11 heading)

(735 ILCS 5/15-1101) (from Ch. 110, par. 15-1101)

(735 ILCS 5/15-1102) (from Ch. 110, par. 15-1102)

(735 ILCS 5/15-1103) (from Ch. 110, par. 15-1103)

(735 ILCS 5/15-1104) (from Ch. 110, par. 15-1104)

mortgaged real estate, or who knowingly gives such occupants

(735 ILCS 5/15-1105) (from Ch. 110, par. 15-1105)

(735 ILCS 5/15-1106) (from Ch. 110, par. 15-1106)

or after the effective date of this Amendatory Act of 1986 and

(735 ILCS 5/15-1107) (from Ch. 110, par. 15-1107)

foreclosure in accordance with this Article and may be made a

(735 ILCS 5/Art. XV Pt. 12 heading)

(735 ILCS 5/15-1201) (from Ch. 110, par. 15-1201)

(735 ILCS 5/15-1202) (from Ch. 110, par. 15-1202)

(735 ILCS 5/15-1202.5)

(735 ILCS 5/15-1203) (from Ch. 110, par. 15-1203)

(735 ILCS 5/15-1204) (from Ch. 110, par. 15-1204)

(735 ILCS 5/15-1205) (from Ch. 110, par. 15-1205)

(735 ILCS 5/15-1206) (from Ch. 110, par. 15-1206)

(735 ILCS 5/15-1207) (from Ch. 110, par. 15-1207)

(735 ILCS 5/15-1208) (from Ch. 110, par. 15-1208)

through a mortgagee as successor.

(735 ILCS 5/15-1209) (from Ch. 110, par. 15-1209)

(735 ILCS 5/15-1210) (from Ch. 110, par. 15-1210)

(735 ILCS 5/15-1211) (from Ch. 110, par. 15-1211)

(735 ILCS 5/15-1212) (from Ch. 110, par. 15-1212)

(735 ILCS 5/15-1213) (from Ch. 110, par. 15-1213)

air rights, structures, fixtures and other things which by

(735 ILCS 5/15-1214) (from Ch. 110, par. 15-1214)

(735 ILCS 5/15-1215) (from Ch. 110, par. 15-1215)

(735 ILCS 5/15-1216) (from Ch. 110, par. 15-1216)

(735 ILCS 5/15-1217) (from Ch. 110, par. 15-1217)

(735 ILCS 5/15-1218) (from Ch. 110, par. 15-1218)

reasonable certainty; (f) the name and address of the person

(735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219)

(735 ILCS 5/15-1220) (from Ch. 110, par. 15-1220)

(735 ILCS 5/15-1221) (from Ch. 110, par. 15-1221)

(735 ILCS 5/15-1222) (from Ch. 110, par. 15-1222)

(735 ILCS 5/15-1223)

lawful physical possession of all or part of the mortgaged

(735 ILCS 5/Art. XV Pt. 13 heading)

(735 ILCS 5/15-1301) (from Ch. 110, par. 15-1301)

(735 ILCS 5/15-1302) (from Ch. 110, par. 15-1302)

the mortgage, shall be a lien from the time the mortgage

(735 ILCS 5/Art. XV Pt. 14 heading)

(735 ILCS 5/15-1401) (from Ch. 110, par. 15-1401)

(735 ILCS 5/15-1402) (from Ch. 110, par. 15-1402)

(4) no other party, by answer or by response to the

personal judgment for deficiency and shall bar the mortgagee

(735 ILCS 5/15-1403) (from Ch. 110, par. 15-1403)

(735 ILCS 5/15-1404) (from Ch. 110, par. 15-1404)

(735 ILCS 5/15-1405) (from Ch. 110, par. 15-1405)

(735 ILCS 5/Art. XV Pt. 15 heading)

(735 ILCS 5/15-1501) (from Ch. 110, par. 15-1501)

mortgaged real estate;

real estate in accordance with a judgment of foreclosure

and prior to the entry of an order confirming the sale, a

(735 ILCS 5/15-1501.5)

(735 ILCS 5/15-1502) (from Ch. 110, par. 15-1502)