(735 ILCS 5/15-1706) (from Ch. 110, par. 15-1706)
Sec. 15-1706.
Possession.
(a) Request. A request that the mortgagee be
placed in possession or that a receiver be appointed may be made by motion,
whether or not such request is included in the complaint or other pleading.
Any such request shall be supported by affidavit or other sworn pleading.
(b) Meaning of Request. A request in a motion or in the complaint
or other pleading that the mortgagee be placed in possession or that a
receiver be appointed shall be construed to mean a mortgagee placed in
possession or a receiver appointed in accordance with, and with powers and
duties specified by, Part 17 of this Article.
(c) Hearing. After reasonable notice has been given to all other
parties, the court shall promptly hold a hearing and promptly rule on a
request that a mortgagee be placed in possession or that a receiver be
appointed, except that, if no objection to the request is made prior to the
time specified for the hearing, the court shall rule without a hearing.
(d) Reasonable Notice. For the purposes of subsection (c) of Section
15-1706, notice shall be reasonable if given as much in advance of the
hearing as notice of motions generally is required to be given under
applicable court rules, and if served in the same manner as motions
generally are served; except, if the mortgagor has not been served with the
complaint, the mortgagor must be served in the same manner as required for
service of process. Notwithstanding anything in the foregoing sentence to
the contrary, except with respect to the mortgagor of residential real
estate which has not been abandoned, the court may rule without service on
a party, if the party is in default or if the party making the request
shows good cause by affidavit or other sworn evidence. If the mortgagor is
not served prior to the hearing, he shall be given notice of the hearing to
the same extent as applicable court rules may provide for post-hearing
notice of emergency and ex parte motions.
(Source: P.A. 84-1462.)
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