Illinois Compiled Statutes 735 Civil Procedure: Article XV - Mortgage Foreclosure
Part 11. General Provisions
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1101
Title. This Article shall be known, and may be cited, as the Illinois Mortgage Foreclosure Law. (Source: P.A. 84-1462.)
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1108
Declaration of policy relating to abandoned residential property. The following findings directly relate to the changes made by this amendatory Act of the 97th General...
Part 12. Definitions
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1200.5
Abandoned residential property. "Abandoned residential property" means residential real estate that: (a) either: (1) is not occupied by any mortgagor or lawful occupant as a...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1200.7
Abandoned residential property; exceptions. A property shall not be considered abandoned residential property if: (i) there is an unoccupied building which is undergoing construction, renovation,...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1202.5
Dwelling unit. For the purposes of Sections 9-207.5, 15-1224, 15-1225, 15-1506, 15-1508, 15-1508.5, 15-1701, 15-1703, and 15-1704 only, "dwelling unit" means a room or suite...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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.)
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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.)
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1215
Receiver. "Receiver" means a receiver appointed pursuant to Section 15-1704 of this Article. (Source: P.A. 84-1462.)
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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:...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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.)
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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.)
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1224
Bona fide lease. (a) For purposes of Sections 9-207.5, 15-1225, 15-1506, 15-1508, and 15-1701 of this Code only, the term "bona fide lease" means a...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1225
Residential real estate in foreclosure. For purposes of Sections 9-207.5, 15-1224, 15-1506, 15-1508, and 15-1701 of this Code only, the term "residential real estate in...
Part 13. Mortgage Lien Priorities
Part 14. Methods of Terminating Mortgagor's Interest in Real Estate
Part 15. Judicial Foreclosure Procedure
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1501.5
Return from combat stay. In addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, whenever it is determined in a...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1501.6
Relief in mortgage foreclosure proceedings for military personnel in military service. (a) In this Section: "Military service" means any full-time training or duty, no matter...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1504.1
Filing fee for Foreclosure Prevention Program Fund, Foreclosure Prevention Program Graduated Fund, and Abandoned Residential Property Municipality Relief Fund. (a) Fee paid by all plaintiffs...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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)...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1505.6
Objection to jurisdiction over the person. (a) In any residential foreclosure action, the deadline for filing a motion to dismiss the entire proceeding or to...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1505.8
Expedited judgment and sale procedure for abandoned residential property. (a) Upon motion and notice, the mortgagee may elect to utilize the expedited judgment and sale...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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:...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
Part 16. Reinstatement and Redemption
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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,...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 15-1603.5
Strict foreclosure of an omitted subordinate interest. (a) As used in this Section, "omitted subordinate interest" means a recorded subordinate interest in real estate where:...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
Part 17. Possession During Foreclosure
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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:...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
- Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
Last modified: February 18, 2015