(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.)
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