(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.)
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