(735 ILCS 5/15-1604) (from Ch. 110, par. 15-1604)
Sec. 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 a party to the foreclosure or its nominee and (ii) the
sale price was less than the amount specified in subsection (d) of Section
15-1603, then, and only in such circumstances, an owner of redemption as
specified in subsection (a) of Section 15-1603 shall have a special right
to redeem, for a period ending 30 days after the date the sale is
confirmed, by paying to the mortgagee (i) the sale price, (ii) all additional
costs and expenses incurred by the mortgagee set forth in the report of
sale and confirmed by the court, and (iii) interest at the statutory
judgment rate from the date the purchase price was paid or credited as an offset.
(b) Procedure. Upon receipt of such amount, the mortgagee shall assign
to the redeeming owner of redemption its certificate of
sale or its right to such certificate or to a deed. The mortgagee shall
give to the redeeming owner of redemption an executed duplicate of such
assignment, marked "Duplicate", which duplicate the owner of redemption
shall file with the court. If a deed has been issued to the mortgagee
or its nominee, the holder of such deed, or such holder's successor in
title, shall execute and deliver a deed conveying the
mortgaged real estate to
the redeeming owner of redemption subject only to those encumbrances that
would normally arise on title if a redemption were made under Section
15-1603, including a deficiency, if any, resulting from the foreclosure
sale. Nothing contained herein shall affect the right to a personal or in
rem deficiency judgment, and enforcement thereof shall be allowed as provided
by law. Any deficiency judgment shall retain the same priority on title as did
the mortgage from which it arose. The mortgagee, its nominee or its
successors in title shall not permit encumbrances on title arising on or
after the date of the deed to the
mortgagee or nominee caused by or relating
to the mortgagee or its nominee or its successors in title.
(Source: P.A. 86-974.)
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