Full Text of HB5055 96th General Assembly
HB5055enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections 15-1503, 15-1506, 15-1507, and 15-1508 as | 6 |
| follows: | 7 |
| (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503) | 8 |
| Sec. 15-1503. Notice of Foreclosure. | 9 |
| (a) A notice of foreclosure, whether
the foreclosure is | 10 |
| initiated by complaint or
counterclaim, made in accordance with | 11 |
| this Section and recorded in the
county in which the mortgaged | 12 |
| real estate is located shall be constructive
notice of the | 13 |
| pendency of the foreclosure to every person claiming an
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| interest in or lien on the mortgaged real estate, whose | 15 |
| interest or lien
has not been recorded prior to the recording | 16 |
| of such notice of foreclosure.
Such notice of foreclosure must | 17 |
| be executed by any party or any party's
attorney and shall | 18 |
| include (i) the names of all plaintiffs and the case
number, | 19 |
| (ii) the court in which the action was brought, (iii) the names | 20 |
| of
title holders of record, (iv) a legal description of the | 21 |
| real estate
sufficient to identify it with reasonable | 22 |
| certainty, (v) a common address
or description of the location | 23 |
| of the real estate and (vi) identification
of the mortgage |
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| sought to be foreclosed. An incorrect common address or
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| description of the location, or an immaterial error in the | 3 |
| identification
of a plaintiff or title holder of record, shall | 4 |
| not invalidate the lis
pendens effect of the notice under this | 5 |
| Section.
A notice which complies with this Section shall be | 6 |
| deemed to comply with
Section 2-1901 of the Code of Civil
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| Procedure and shall have the same effect as a notice filed | 8 |
| pursuant to
that Section; however, a notice which complies with | 9 |
| Section 2-1901 shall
not be constructive notice unless it also | 10 |
| complies with the requirements of
this Section. | 11 |
| (b) With respect to residential real estate, a copy of the | 12 |
| notice of foreclosure described in subsection (a) of Section | 13 |
| 15-1503 shall be sent by first class mail, postage prepaid, to | 14 |
| the municipality within the boundary of which the mortgaged | 15 |
| real estate is located, or to the county within the boundary of | 16 |
| which the mortgaged real estate is located if the mortgaged | 17 |
| real estate is located in an unincorporated territory. A | 18 |
| municipality or county must clearly publish on its website a | 19 |
| single address to which such notice shall be sent. If a | 20 |
| municipality or county does not maintain a website, then the | 21 |
| municipality or county must publicly post in its main office a | 22 |
| single address to which such notice shall be sent. In the event | 23 |
| that a municipality or county has not complied with the | 24 |
| publication requirement in this subsection (b), then such | 25 |
| notice to the municipality or county shall be sent by first | 26 |
| class mail to the chairperson of the county board or county |
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| clerk in the case of a county, to the mayor or city clerk in the | 2 |
| case of a city, to the president of the board of trustees or | 3 |
| village clerk in the case of a village, or to the supervisor or | 4 |
| town clerk in the case of a town provided pursuant to Section | 5 |
| 2-211 of the Code of Civil Procedure . | 6 |
| (Source: P.A. 96-856, eff. 3-1-10.) | 7 |
| (735 ILCS 5/15-1506) (from Ch. 110, par. 15-1506) | 8 |
| Sec. 15-1506. Judgment. (a) Evidence. In the trial of a | 9 |
| foreclosure, the evidence to support the
allegations of the | 10 |
| complaint shall be taken in open court, except: | 11 |
| (1) where an allegation of fact in the complaint is not | 12 |
| denied by a
party's verified answer or verified counterclaim, | 13 |
| or where a party pursuant
to subsection (b) of Section 2-610 of | 14 |
| the Code of Civil Procedure states,
or is deemed to have | 15 |
| stated, in
its pleading that it has no knowledge
of such | 16 |
| allegation sufficient to form a belief and attaches the | 17 |
| required
affidavit, a sworn verification of the complaint or a | 18 |
| separate affidavit
setting forth such fact is sufficient | 19 |
| evidence thereof against such party
and no further evidence of | 20 |
| such fact shall be required; and | 21 |
| (2) where all the allegations of fact in the complaint have | 22 |
| been proved
by verification of the complaint or affidavit, the | 23 |
| court upon motion
supported by an affidavit stating the amount | 24 |
| which is due the mortgagee,
shall enter a judgment of | 25 |
| foreclosure as requested in the complaint. |
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| (b) Instruments. In all cases the evidence of the | 2 |
| indebtedness and the
mortgage foreclosed shall be exhibited to | 3 |
| the court and appropriately
marked, and copies thereof shall be | 4 |
| filed with the court. | 5 |
| (c) Summary and Default Judgments. Nothing in this Section | 6 |
| 15-1506
shall prevent a party from obtaining a summary or | 7 |
| default judgment
authorized by Article II of the Code of Civil | 8 |
| Procedure. | 9 |
| (d) Notice of Entry of Default. When any judgment in a | 10 |
| foreclosure is
entered by default, notice of such judgment | 11 |
| shall be given in accordance
with Section 2-1302 of the Code of | 12 |
| Civil Procedure. | 13 |
| (e) Matters Required in Judgment. A judgment of foreclosure | 14 |
| shall
include the last date for redemption and all rulings of | 15 |
| the court entered
with respect to each request for relief set | 16 |
| forth in the complaint. The
omission of the date for redemption | 17 |
| shall not extend the time for
redemption or impair the validity | 18 |
| of the judgment. | 19 |
| (f) Special Matters in Judgment. Without limiting the | 20 |
| general
authority and powers of the court, special matters may | 21 |
| be included in the
judgment of foreclosure if sought by a party | 22 |
| in the complaint or by separate
motion brought by a party . Such | 23 |
| matters may include, without limitation: | 24 |
| (1) a manner of sale other than public auction; | 25 |
| (2) a sale by sealed bid; | 26 |
| (3) the an official or other person who shall be the |
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| officer to
conduct the sale other than the one customarily | 2 |
| designated by the court ; | 3 |
| (4) provisions for non-exclusive broker listings or | 4 |
| designating a duly
licensed real estate broker nominated by one | 5 |
| of the parties to exclusively
list the real estate for sale; | 6 |
| (5) the fees or commissions to be paid out of the sale | 7 |
| proceeds to the
listing or other duly licensed broker, if any, | 8 |
| who shall have procured the accepted bid; | 9 |
| (6) the fees to be paid out of the sale proceeds to an | 10 |
| auctioneer, if
any, who shall have been authorized to conduct a | 11 |
| public auction sale; | 12 |
| (7) whether and in what manner and with what content signs | 13 |
| shall be
posted on the real estate; | 14 |
| (8) a particular time and place at which such bids shall be | 15 |
| received; | 16 |
| (9) a particular newspaper or newspapers in which notice of
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| sale shall be published; | 18 |
| (10) the format for the advertising of such sale,
including | 19 |
| the size, content
and format of such advertising, and | 20 |
| additional advertising of such sale; | 21 |
| (11) matters or exceptions to which title in the real | 22 |
| estate may be subject
at the sale; | 23 |
| (12) a requirement that title insurance in a specified form | 24 |
| be provided
to a purchaser at the sale, and who shall pay for | 25 |
| such insurance; | 26 |
| (13) whether and to what extent bids with mortgage or other
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| contingencies will be allowed; | 2 |
| (14) such other matters as approved by the court to ensure | 3 |
| sale of the
real estate for the most commercially favorable | 4 |
| price for the type of real
estate involved. | 5 |
| (g) Agreement of the Parties. If all of the parties agree | 6 |
| in writing on
the minimum price and that the real estate may be | 7 |
| sold to the first person
who offers in writing to purchase the | 8 |
| real estate for such price, and on
such other commercially | 9 |
| reasonable terms and conditions as the parties may
agree, then | 10 |
| the court shall order the real estate to be sold on such terms,
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| subject to confirmation of the sale in accordance with Section | 12 |
| 15-1508. | 13 |
| (h) Postponement of Proving Priority. With the approval of | 14 |
| the court
prior to the entry of the judgment of foreclosure, a | 15 |
| party claiming an
interest in the proceeds of the sale of the | 16 |
| mortgaged real estate may defer
proving the priority of such | 17 |
| interest until the hearing to confirm the sale. | 18 |
| (i) Effect of Judgment and Lien.
(1) Upon the entry of the | 19 |
| judgment of foreclosure, all rights of a party
in the | 20 |
| foreclosure against the mortgagor provided for in the judgment | 21 |
| of foreclosure
or this Article shall be secured by a lien on | 22 |
| the mortgaged
real estate, which lien shall have the same | 23 |
| priority as the claim to
which the judgment relates and shall | 24 |
| be terminated upon confirmation of a judicial
sale in | 25 |
| accordance with this Article. | 26 |
| (2) Upon the entry of the judgment of foreclosure, the |
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| rights in the
real estate subject to the judgment of | 2 |
| foreclosure of (i) all persons made
a party in the foreclosure | 3 |
| and (ii) all nonrecord claimants given notice in
accordance | 4 |
| with paragraph (2) of subsection (c) of Section 15-1502, shall
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| be solely as provided for in
the judgment of foreclosure and in | 6 |
| this Article. | 7 |
| (Source: P.A. 85-907.) | 8 |
| (735 ILCS 5/15-1507) (from Ch. 110, par. 15-1507) | 9 |
| Sec. 15-1507. Judicial Sale. | 10 |
| (a) In General. Except as provided in
Sections 15-1402 and | 11 |
| 15-1403, upon entry of a judgment of foreclosure, the
real | 12 |
| estate which is the subject of the judgment shall be sold at a
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| judicial sale in accordance with this Section 15-1507. | 14 |
| (b) Sale Procedures. Upon expiration of the reinstatement | 15 |
| period and
the redemption period in accordance with subsection | 16 |
| (b) or (c) of Section
15-1603 or upon the entry of a judgment | 17 |
| of foreclosure after the waiver of
all rights of redemption, | 18 |
| except as provided in subsection (g) of Section
15-1506, the | 19 |
| real estate shall be sold at a sale as provided in this
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| Article, on such terms and conditions as shall be specified by | 21 |
| the court in
the judgment of foreclosure. In the absence of an | 22 |
| appointment made pursuant to a motion under subsection (f) of | 23 |
| Section 15-1506, the person conducting the sale shall be chosen | 24 |
| by the plaintiff and shall be (i) any person who had been | 25 |
| appointed pursuant to Section 15-1506 by any circuit court in |
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| any matter prior to the effective date of this amendatory Act | 2 |
| of the 96th General Assembly, (ii) any judge, or (iii) the | 3 |
| sheriff of the county in which the real estate is located. A | 4 |
| sale may be conducted by any judge or sheriff. | 5 |
| (c) Notice of Sale. The mortgagee, or such other party | 6 |
| designated by the
court, in a foreclosure under this Article | 7 |
| shall give public notice of the
sale as follows: | 8 |
| (1) The notice of sale shall include at least the | 9 |
| following information,
but an immaterial error in the | 10 |
| information shall not invalidate the legal
effect of the | 11 |
| notice: | 12 |
| (A) the name, address and telephone number of the | 13 |
| person to contact for
information regarding the real | 14 |
| estate; | 15 |
| (B) the common address and other common | 16 |
| description (other than legal
description), if any, of | 17 |
| the real estate; | 18 |
| (C) a legal description of the real estate | 19 |
| sufficient to identify it with
reasonable certainty; | 20 |
| (D) a description of the improvements on the real | 21 |
| estate; | 22 |
| (E) the times specified in the judgment, if any, | 23 |
| when the real estate
may be inspected prior to sale; | 24 |
| (F) the time and place of the sale; | 25 |
| (G) the terms of the sale; | 26 |
| (H) the case title, case number and the court in |
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| which
the foreclosure was filed; | 2 |
| (H-1) in the case of a condominium unit to which | 3 |
| subsection (g) of Section 9 of the Condominium Property | 4 |
| Act applies, the statement required by subdivision | 5 |
| (g)(5) of Section 9 of the Condominium Property Act; | 6 |
| and
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| (I) such other information ordered by the Court. | 8 |
| (2) The notice of sale shall be published at least 3 | 9 |
| consecutive
calendar weeks (Sunday through Saturday), once | 10 |
| in each week, the first such
notice to be published not | 11 |
| more than 45 days prior to the sale, the last
such notice | 12 |
| to be published not less than 7 days prior to the sale, by:
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| (i) (A) advertisements in a newspaper circulated to the | 14 |
| general public
in the county in which the real estate is | 15 |
| located, in the section of that
newspaper where legal | 16 |
| notices are commonly placed and (B) separate
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| advertisements in the section of such a newspaper, which | 18 |
| (except in
counties with a population in excess of | 19 |
| 3,000,000) may be the same
newspaper, in which real estate | 20 |
| other than real estate being sold as part of
legal | 21 |
| proceedings is commonly advertised to the general public; | 22 |
| provided,
that the separate advertisements in the real | 23 |
| estate section need not
include a legal description and | 24 |
| that where both advertisements could be
published in the | 25 |
| same newspaper and that newspaper does not have separate
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| legal notices and real estate advertisement sections, a |
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| single
advertisement with the legal description shall be | 2 |
| sufficient; and
(ii) such other publications as may be | 3 |
| further ordered by the court. | 4 |
| (3) The party who gives notice of public sale in | 5 |
| accordance with
subsection (c) of Section 15-1507 shall | 6 |
| also give notice to all parties in
the action who have | 7 |
| appeared and have not theretofore been found by the
court | 8 |
| to be in default for failure to plead. Such notice shall be | 9 |
| given in
the manner provided in the applicable rules of | 10 |
| court for service of papers
other than process and | 11 |
| complaint, not more than 45 days nor less
than 7
days prior | 12 |
| to the day of sale. After notice is given as required in | 13 |
| this
Section a copy thereof shall be filed in the office of | 14 |
| the clerk of the
court entering the judgment, together with | 15 |
| a certificate of counsel or
other proof that notice has | 16 |
| been served in compliance with this Section. | 17 |
| (4) The party who gives notice of public sale in | 18 |
| accordance with
subsection (c) of Section 15-1507 shall | 19 |
| again give notice in accordance
with that Section of any | 20 |
| adjourned sale; provided, however, that if the
adjourned | 21 |
| sale is to occur less than 60 days after the last scheduled | 22 |
| sale,
notice of any adjourned sale need not be given | 23 |
| pursuant to this
Section. In the event of adjournment, the
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| person conducting the sale shall, upon adjournment, | 25 |
| announce the date, time
and place upon which the adjourned | 26 |
| sale shall be held. Notwithstanding any
language to the |
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| contrary, for any adjourned sale that is to be conducted
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| more than 60 days after the date on which it was to first | 3 |
| be held, the
party giving notice of such sale shall again | 4 |
| give notice in accordance with
this Section. | 5 |
| (5) Notice of the sale may be given prior to the | 6 |
| expiration of any
reinstatement period or redemption | 7 |
| period. | 8 |
| (6) No other notice by publication or posting shall be | 9 |
| necessary unless
required by order or rule of the court. | 10 |
| (7) The person named in the notice of sale to be | 11 |
| contacted for
information about the real estate may, but | 12 |
| shall not be required, to
provide additional information | 13 |
| other than that set forth in the notice of sale. | 14 |
| (d) Election of Property. If the real estate which is the | 15 |
| subject of a
judgment of foreclosure is susceptible of | 16 |
| division, the court may order it to be sold
as necessary to | 17 |
| satisfy the judgment. The court shall determine which real
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| estate shall be sold, and the court may determine the order in | 19 |
| which
separate tracts may be sold. | 20 |
| (e) Receipt upon Sale.
Upon and at the sale
of mortgaged | 21 |
| real estate, the person conducting the sale shall give to
the | 22 |
| purchaser a receipt of sale. The receipt shall describe the | 23 |
| real
estate purchased and shall show the amount bid, the amount | 24 |
| paid, the
total amount paid to
date and the amount still to be | 25 |
| paid therefor. An
additional receipt shall be given at the time | 26 |
| of each subsequent
payment. |
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| (f) Certificate of Sale. Upon
payment in full of the amount | 2 |
| bid, the person conducting
the sale shall issue, in duplicate, | 3 |
| and give to the purchaser a Certificate
of Sale. The | 4 |
| Certificate of Sale shall be in a recordable form, describe
the | 5 |
| real estate purchased, indicate the date and place of sale and | 6 |
| show the
amount paid therefor. The Certificate of Sale shall | 7 |
| further indicate that
it is subject to confirmation by the | 8 |
| court. The duplicate certificate may
be recorded in accordance | 9 |
| with Section 12-121. The Certificate of Sale
shall be freely | 10 |
| assignable by endorsement thereon. | 11 |
| (g) Interest after Sale. Any bid at sale shall be deemed to | 12 |
| include,
without the necessity of a court order, interest at | 13 |
| the statutory judgment
rate on any unpaid portion of the sale | 14 |
| price from the date of sale to the
date of payment. | 15 |
| (Source: P.A. 94-1049, eff. 1-1-07.) | 16 |
| (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | 17 |
| Sec. 15-1508. Report of Sale and Confirmation of Sale. | 18 |
| (a) Report. The person conducting the sale shall promptly | 19 |
| make a report to
the court, which report shall include a copy | 20 |
| of all receipts and, if any,
certificate of sale. | 21 |
| (b) Hearing. Upon motion and notice in accordance with | 22 |
| court rules
applicable to motions generally, which motion shall | 23 |
| not be made prior to
sale, the court shall conduct a hearing to
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| confirm the sale. Unless the court finds that (i) a notice | 25 |
| required in
accordance with subsection (c) of Section 15-1507 |
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| was not given, (ii) the
terms of sale were unconscionable, | 2 |
| (iii) the sale was conducted
fraudulently or (iv) that justice | 3 |
| was otherwise not done, the court shall
then enter an order | 4 |
| confirming the sale. The confirmation order shall include a | 5 |
| name, address, and telephone number of the holder of the | 6 |
| certificate of sale or deed issued pursuant to that certificate | 7 |
| or, if no certificate or deed was issued, the purchaser, whom a | 8 |
| municipality or county may contact with concerns about the real | 9 |
| estate. The confirmation order may
also: | 10 |
| (1) approve the mortgagee's fees and costs arising | 11 |
| between the entry of
the judgment of foreclosure and the | 12 |
| confirmation hearing, those costs and
fees to be allowable | 13 |
| to the same extent as provided in the note and mortgage
and | 14 |
| in Section 15-1504; | 15 |
| (2) provide for a personal judgment against any party | 16 |
| for a deficiency;
and | 17 |
| (3) determine the priority of the judgments of parties | 18 |
| who deferred proving
the priority pursuant to subsection | 19 |
| (h) of Section 15-1506, but
the court shall not
defer | 20 |
| confirming the sale pending the determination of such | 21 |
| priority. | 22 |
| (b-5) Notice with respect to residential real estate. With | 23 |
| respect to residential real estate, the notice required under | 24 |
| subsection (b) of this Section shall be sent to the mortgagor | 25 |
| even if the mortgagor has previously been held in default. In | 26 |
| the event the mortgagor has filed an appearance, the notice |
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| shall be sent to the address indicated on the appearance. In | 2 |
| all other cases, the notice shall be sent to the mortgagor at | 3 |
| the common address of the foreclosed property. The notice shall | 4 |
| be sent by first class mail. Unless the right to possession has | 5 |
| been previously terminated by the court, the notice shall | 6 |
| include the following language in 12-point boldface | 7 |
| capitalized type: | 8 |
| IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 9 |
| REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 10 |
| POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 11 |
| ILLINOIS MORTGAGE FORECLOSURE LAW. | 12 |
| (b-10) Notice of confirmation order sent to municipality or | 13 |
| county. With respect to residential real estate, a A copy of | 14 |
| the confirmation order required under subsection (b) shall be | 15 |
| sent by first class mail, postage prepaid, to the municipality | 16 |
| in which the foreclosed property is located, or to the county | 17 |
| within the boundary of which the foreclosed property is located | 18 |
| if the foreclosed property is located in an unincorporated | 19 |
| territory. A municipality or county must clearly publish on its | 20 |
| website a single address to which such order notice shall be | 21 |
| sent. If a municipality or county does not maintain a website, | 22 |
| then the municipality or county must publicly post in its main | 23 |
| office a single address to which such order notice shall be | 24 |
| sent. In the event that a municipality or county has not | 25 |
| complied with the publication requirement in this subsection | 26 |
| (b-10), then such order notice to the municipality or county |
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| shall be sent by first class mail to the chairperson of the | 2 |
| county board or county clerk in the case of a county, to the | 3 |
| mayor or city clerk in the case of a city, to the president of | 4 |
| the board of trustees or village clerk in the case of a | 5 |
| village, or to the supervisor or town clerk in the case of a | 6 |
| town provided pursuant to Section 2-211 of the Code of Civil | 7 |
| Procedure . | 8 |
| (b-15) Notice of confirmation order sent to known insurers. | 9 |
| With respect to residential real estate, a copy of the | 10 |
| confirmation order required under subsection (b) shall be sent | 11 |
| by first class mail, postage prepaid, to the last-known | 12 |
| property insurer of the foreclosed property. Failure to send or | 13 |
| receive a copy of the order shall not impair or abrogate in any | 14 |
| way the rights of the mortgagee or purchaser or affect the | 15 |
| status of the foreclosure proceedings. | 16 |
| (c) Failure to Give Notice. If any sale is held without | 17 |
| compliance with
subsection (c) of Section 15-1507 of this | 18 |
| Article, any party entitled to
the notice provided for in | 19 |
| paragraph (3) of that subsection
(c) who was not so notified | 20 |
| may, by motion supported by affidavit
made prior to | 21 |
| confirmation of such sale, ask the court which entered the
| 22 |
| judgment to set aside the sale. Any such party shall guarantee | 23 |
| or secure by bond a bid equal to the successful bid at the | 24 |
| prior sale, unless the party seeking to set aside the sale is | 25 |
| the mortgagor, the real estate sold at the sale is residential | 26 |
| real estate, and the mortgagor occupies the residential real |
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| estate at the time the motion is filed. In that event, no | 2 |
| guarantee or bond shall be required of the mortgagor. Any
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| subsequent sale is subject to the same notice requirement as | 4 |
| the original sale. | 5 |
| (d) Validity of Sale. Except as provided in subsection (c) | 6 |
| of Section
15-1508, no sale under this Article shall be held | 7 |
| invalid or be set aside
because of any defect in the notice | 8 |
| thereof or in the publication of the
same, or in the | 9 |
| proceedings of the officer conducting the sale, except upon
| 10 |
| good cause shown in a hearing pursuant to subsection (b) of | 11 |
| Section
15-1508. At any time after a sale has occurred, any | 12 |
| party entitled to
notice under paragraph (3) of subsection (c) | 13 |
| of Section 15-1507 may recover
from the mortgagee any damages | 14 |
| caused by the mortgagee's failure to comply
with such paragraph | 15 |
| (3). Any party who recovers damages in a judicial
proceeding | 16 |
| brought under this subsection may also recover from the
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| mortgagee the reasonable expenses of litigation, including | 18 |
| reasonable attorney's fees. | 19 |
| (e) Deficiency Judgment. In any order confirming a sale | 20 |
| pursuant to the
judgment of foreclosure, the court shall also | 21 |
| enter a personal judgment
for deficiency against any party (i) | 22 |
| if otherwise authorized and (ii) to
the extent requested in the | 23 |
| complaint and proven upon presentation of the
report of sale in | 24 |
| accordance with Section 15-1508. Except as otherwise provided
| 25 |
| in this Article, a judgment may be entered for any balance of | 26 |
| money that
may be found due to the plaintiff, over and above |
|
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HB5055 Enrolled |
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LRB096 17806 AJO 33174 b |
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| 1 |
| the proceeds of the sale
or sales, and enforcement may be had | 2 |
| for the collection of such balance,
the same as when the | 3 |
| judgment is solely for the payment of money. Such
judgment may | 4 |
| be entered, or enforcement had,
only in cases where personal | 5 |
| service has been had upon the
persons personally liable for the | 6 |
| mortgage indebtedness, unless they have
entered their | 7 |
| appearance in the foreclosure action. | 8 |
| (f) Satisfaction. Upon confirmation of the sale, the
| 9 |
| judgment stands satisfied to the extent of the sale price less | 10 |
| expenses and
costs. If the order confirming the sale includes a | 11 |
| deficiency judgment, the
judgment shall become a lien in the | 12 |
| manner of any other
judgment for the payment of money. | 13 |
| (g) The order confirming the sale shall include, | 14 |
| notwithstanding any
previous orders awarding possession during | 15 |
| the pendency of the foreclosure, an
award to the purchaser of | 16 |
| possession of the mortgaged real estate, as of the
date 30 days | 17 |
| after the entry of the order, against the
parties to the | 18 |
| foreclosure whose interests have been terminated. | 19 |
| An order of possession authorizing the removal of a person | 20 |
| from possession
of the mortgaged real estate shall be entered | 21 |
| and enforced only against those
persons personally
named as | 22 |
| individuals in the complaint or the petition under subsection | 23 |
| (h)
of Section 15-1701 and in the order of possession and shall
| 24 |
| not be entered and enforced against any person who is only | 25 |
| generically
described as an
unknown owner or nonrecord claimant | 26 |
| or by another generic designation in the
complaint. |
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HB5055 Enrolled |
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LRB096 17806 AJO 33174 b |
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| 1 |
| Notwithstanding the preceding paragraph, the failure to | 2 |
| personally
name,
include, or seek an award of
possession of the | 3 |
| mortgaged real estate against a person in the
confirmation | 4 |
| order shall not abrogate any right that the purchaser may have | 5 |
| to
possession of the mortgaged real estate and to maintain a | 6 |
| proceeding against
that person for
possession under Article 9 | 7 |
| of this Code or subsection (h) of Section 15-1701;
and | 8 |
| possession against a person
who (1) has not been personally | 9 |
| named as a party to the
foreclosure and (2) has not been | 10 |
| provided an opportunity to be heard in the
foreclosure | 11 |
| proceeding may be sought only by maintaining a
proceeding under | 12 |
| Article 9 of this
Code or subsection (h) of Section 15-1701. | 13 |
| (Source: P.A. 95-826, eff. 8-14-08; 96-265, eff. 8-11-09; | 14 |
| 96-856, eff. 3-1-10.)
| 15 |
| Section 99. Effective date. Sections 15-1506 and 15-1507 | 16 |
| take effect upon becoming law.
|
|