(735 ILCS 5/15-1505.8) Sec. 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 procedure for abandoned residential property stated in this Section to obtain a judgment of foreclosure pursuant to Section 15-1506. The motion to expedite the judgment and sale may be combined with or made part of the motion requesting a judgment of foreclosure. The notice of the motion to expedite the judgment and sale shall be sent by first-class mail to the last known address of the mortgagor, and the notice required by paragraph (1) of subsection (l) of this Section shall be posted at the property address. (b) The motion requesting an expedited judgment of foreclosure and sale may be filed by the mortgagee at the time the foreclosure complaint is filed or any time thereafter, and shall set forth the facts demonstrating that the mortgaged real estate is abandoned residential real estate under Section 15-1200.5 and shall be supported by affidavit. (c) If a motion for an expedited judgment and sale is filed at the time the foreclosure complaint is filed or before the period to answer the foreclosure complaint has expired, the motion shall be heard by the court no earlier than before the period to answer the foreclosure complaint has expired and no later than 21 days after the period to answer the foreclosure complaint has expired. (d) If a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, the motion shall be heard no later than 21 days after the motion is filed. (e) The hearing shall be given priority by the court and shall be scheduled to be heard within the applicable time period set forth in subsection (c) or (d) of this Section. (f) Subject to subsection (g), at the hearing on the motion requesting an expedited judgment and sale, if the court finds that the mortgaged real estate is abandoned residential property, the court shall grant the motion and immediately proceed to a trial of the foreclosure. A judgment of foreclosure under this Section shall include the matters identified in Section 15-1506. (g) The court may not grant the motion requesting an expedited judgment and sale if the mortgagor, an unknown owner, or a lawful occupant appears in the action in any manner before or at the hearing and objects to a finding of abandonment. (h) The court shall vacate an order issued pursuant to subsection (f) of this Section if the mortgagor or a lawful occupant appears in the action at any time prior to the court issuing an order confirming the sale pursuant to subsection (b-3) of Section 15-1508 and presents evidence establishing to the satisfaction of the court that the mortgagor or lawful occupant has not abandoned the mortgaged real estate. (i) The reinstatement period and redemption period for the abandoned residential property shall end in accordance with paragraph (4) of subsection (b) of Section 15-1603, and the abandoned residential property shall be sold at the earliest practicable time at a sale as provided in this Article. (j) The mortgagee or its agent may enter, secure, and maintain abandoned residential property subject to subsection (e-5) of Section 21-3 of the Criminal Code of 2012. (k) Personal property. (1) Upon confirmation of the sale held pursuant to | ||
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(2) Notwithstanding paragraph (1) of this subsection | ||
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(l) Notices to be posted at property address. (1) The notice set out in this paragraph (1) of this | ||
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"NOTICE TO ANY TENANT
OR OTHER LAWFUL OCCUPANT OF THIS PROPERTY A lawsuit has been filed to foreclose on this property, and the party asking to foreclose on this property has asked a judge to find that THIS PROPERTY IS ABANDONED. The judge will be holding a hearing to decide whether this property is ABANDONED. IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY CHOOSE TO GO TO THIS HEARING and explain to the judge how you are a lawful occupant of this property. If the judge is satisfied that you are a LAWFUL OCCUPANT of this property, the court will find that this property is NOT ABANDONED. This hearing will be held in the courthouse at the following address, date, and time: Court name:
Court address:
Court room number where hearing will be held:
(There should be a person in this room called a CLERK who can help you. Make sure you know THIS PROPERTY'S ADDRESS.) Date of hearing:
Time of hearing:
MORE INFORMATION Name of lawsuit:
Number of lawsuit:
Address of this property:
IMPORTANT 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. WARNING INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a). NO TRESPASSING KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". (2) The notice set out in this paragraph (2) of this | ||
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"NOTICE TO ANY TENANT
OR OTHER LAWFUL OCCUPANT OF THIS PROPERTY A lawsuit has been filed to foreclose on this property, and the judge has found that THIS PROPERTY IS ABANDONED. As a result, THIS PROPERTY HAS BEEN OR WILL BE SOLD. HOWEVER, there still must be a hearing for the judge to approve the sale. The judge will NOT APPROVE this sale if the judge finds that any person lawfully occupies any part of this property. IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY CHOOSE TO GO TO THIS HEARING and explain to the judge how you are a lawful occupant of this property. You also may appear BEFORE this hearing and explain to the judge how you are a lawful occupant of this property. If the judge is satisfied that you are a LAWFUL OCCUPANT of this property, the court will find that this property is NOT ABANDONED, and there will be no sale of the property at this time. This hearing will be held in the courthouse at the following address, date, and time: Court name:
Court address:
Court room number where hearing will be held:
(There should be a person in this room called a CLERK who can help you. Make sure you know THIS PROPERTY'S ADDRESS.) Date of hearing:
Time of hearing:
MORE INFORMATION Name of lawsuit:
Number of lawsuit:
Address of this property:
IMPORTANT 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. WARNING INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a). NO TRESPASSING KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
(Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.) |
(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 | ||
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(2) where all the allegations of fact in the | ||
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(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 | ||
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(4) provisions for non-exclusive broker listings or | ||
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(5) the fees or commissions to be paid out of the | ||
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(6) the fees to be paid out of the sale proceeds to | ||
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(7) whether and in what manner and with what content | ||
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(8) a particular time and place at which such bids | ||
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(9) a particular newspaper or newspapers in which | ||
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(10) the format for the advertising of such sale, | ||
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(11) matters or exceptions to which title in the real | ||
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(12) a requirement that title insurance in a | ||
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(13) whether and to what extent bids with mortgage or | ||
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(14) such other matters as approved by the court to | ||
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(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, | ||
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(2) Upon the entry of the judgment of foreclosure, | ||
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(3) Entry of a judgment of foreclosure does not | ||
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(Source: P.A. 98-514, eff. 11-19-13.)
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(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 | ||
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(A) the name, address and telephone number of the | ||
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(B) the common address and other common | ||
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(C) a legal description of the real estate | ||
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(D) a description of the improvements on the real | ||
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(E) the times specified in the judgment, if any, | ||
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(F) the time and place of the sale;
(G) the terms of the sale;
(H) the case title, case number and the court in | ||
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(H-1) in the case of a condominium unit to | ||
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(H-2) in the case of a unit of a common interest | ||
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(I) such other information ordered by the Court.
(2) The notice of sale shall be published at least 3 | ||
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(3) The party who gives notice of public sale in | ||
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(4) The party who gives notice of public sale in | ||
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(5) Notice of the sale may be given prior to the | ||
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(6) No other notice by publication or posting shall | ||
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(7) The person named in the notice of sale to be | ||
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(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. 100-685, eff. 8-3-18.)
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(735 ILCS 5/15-1507.1) Sec. 15-1507.1. (Repealed).
(Source: P.A. 101-10, eff. 6-5-19. Repealed internally, eff. 3-2-23.) |
(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) 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 (i) | ||
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(2) provide for a personal judgment against any party | ||
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(3) determine the priority of the judgments of | ||
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(b-3) Hearing to confirm sale of abandoned residential property. Upon motion and notice by first-class mail to the last known address of the mortgagor, which motion shall be made prior to the sale and heard by the court at the earliest practicable time after conclusion of the sale, and upon the posting at the property address of the notice required by paragraph (2) of subsection (l) of Section 15-1505.8, the court shall enter an order confirming the sale of the abandoned residential property, unless the court finds that a reason set forth in items (i) through (iv) of subsection (b) of this Section exists for not approving the sale, or an order is entered pursuant to subsection (h) of Section 15-1505.8. The confirmation order also may address the matters identified in items (1) through (3) of subsection (b) of this Section. The notice required under subsection (b-5) of this Section shall not be required. (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 a copy of the order 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 a copy of the order shall be sent. In the event that a municipality or county has not complied with the publication requirement in this subsection (b-10), then a copy of the order shall be sent by first class mail, postage prepaid, to the chairperson of the county board or county clerk in the case of a county, to the mayor or city clerk in the case of a city, to the president of the board of trustees or village clerk in the case of a village, or to the president or town clerk in the case of a town. (b-15) Notice of confirmation order sent to known insurers. With respect to residential real estate, the party filing the complaint shall send a copy of the confirmation order required under subsection (b) by first class mail, postage prepaid, to the last known property insurer of the foreclosed property. Failure to send or receive a copy of the order shall not impair or abrogate in any way the rights of the mortgagee or purchaser or affect the status of the foreclosure proceedings. (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) are operative and, except for this sentence, shall become inoperative on January 1, 2018 for all actions filed under this Article after December 31, 2017, in which the mortgagor did not apply for assistance under the Making Home Affordable Program on or before December 31, 2016. The changes to this subsection (d-5) by this amendatory Act of the 99th General Assembly apply to all cases pending and filed on or after the effective date of this amendatory Act of the 99th General Assembly. (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 eviction order 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. No eviction order issued under this Section shall be entered against a lessee with a bona fide lease of a dwelling unit in residential real estate in foreclosure, whether or not the lessee has been made a party in the foreclosure. An order 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 eviction order 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 an eviction proceeding under Article IX of this Code or, if applicable, under subsection (h) of Section 15-1701;
and eviction of 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 IX of this
Code or, if applicable, under subsection (h) of Section 15-1701. (h) With respect to mortgaged real estate containing 5 or more dwelling units, the order confirming the sale shall also provide that (i) the mortgagor shall transfer to the purchaser the security deposits, if any, that the mortgagor received to secure payment of rent or to compensate for damage to the mortgaged real estate from any current occupant of a dwelling unit of the mortgaged real estate, as well as any statutory interest that has not been paid to the occupant, and (ii) the mortgagor shall provide an accounting of the security deposits that are transferred, including the name and address of each occupant for whom the mortgagor holds the deposit and the amount of the deposit and any statutory interest. (Source: P.A. 102-86, eff. 7-9-21.) |
(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 | ||
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(2) following the order confirming sale under Section | ||
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(i) identify the occupant being served by the | ||
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(ii) inform the occupant that the mortgaged real | ||
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(iii) provide the name, address, and telephone | ||
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(iv) include the following language, or language | ||
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(v) include the name of the case, the case | ||
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(vi) provide instructions on the method of | ||
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(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 | ||
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(ii) include the following language: "This is NOT a | ||
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(iii) provide the name, address, and telephone number | ||
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(iv) provide instructions on the method of payment of | ||
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(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 IX 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. 98-514, eff. 11-19-13.) |
(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.)
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