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(735 ILCS 5/15-1502) (from Ch. 110, par. 15-1502)
Sec. 15-1502.
Nonrecord Claimants.
(a) Right to Become Record Claimant.
At any time prior to the recording of a notice of foreclosure in accordance
with Section 15-1503, a nonrecord claimant or unknown owner may become a
record claimant with respect to the foreclosure by recording a notice of
such claimant's interest in the mortgaged real estate in accordance with Section 15-1218.
(b) Rights of Nonrecord Claimants After Notice. The interest in the
mortgaged real estate of a nonrecord claimant who is given notice of the
foreclosure as provided in paragraph (2) of subsection (c) of Section 15-1502
shall be barred and
terminated by any judgment of foreclosure to the same extent as if such
claimant had been a party.
(c) Terminating Rights of Nonrecord Claimants. (1) Contents of
Affidavit. A party in a foreclosure seeking to bar and terminate the
interest in the mortgaged real estate of nonrecord claimants shall file in
the office of the clerk of the court in which such action is pending an
affidavit stating (i) the names and respective present or last known places
of residence of such nonrecord claimants, or (ii) that the existence, names
or the present or last known places of residence, or both, of such
nonrecord claimants are unknown as of that time to the party and to the
party's attorney. Such affidavit, with respect to names and places of
residence, may be made upon information and belief of the affiant. The
affidavit need not state that inquiry has been made to ascertain the names
or present or last known places of residence of such nonrecord claimants,
and no such inquiry need be made.
(2) Notice. At least 30 days prior to the entry of a judgment of
foreclosure, any person identified in the affidavit described in paragraph
(1) of subsection (c) of Section
15-1502 shall be given a notice of the foreclosure complying with the
requirements of Section 15-1503 by the party filing the affidavit. Such
notice shall be given in the manner and upon the terms and conditions set
forth in Sections 2-206 and 2-207 of the Code of Civil Procedure, except
that (i) such notice with
respect to nonrecord claimants whose names are not set forth in such
affidavit, instead of being addressed to such nonrecord claimants by name,
may simply be addressed to "Nonrecord Claimants" and (ii) when the
mortgaged real estate is located within a municipality in a county with a
population under 2,000,000, publication shall be in a newspaper generally
circulated in such municipality. Such notice shall
have the same effect with respect to all nonrecord claimants designated
therein as though a notice containing their names had been published in
accordance with Sections 2-206 and 2-207 of the Code of Civil
Procedure and may be combined with any
notice published against parties defendant in the same action pursuant to those Sections.
(3) Errors. Any inaccuracy in the affidavit described
in paragraph (1) of subsection (c) of Section 15-1502 or the failure to
file such affidavit or the failure to give notice in accordance with
paragraph (2) of subsection (c) of Section 15-1502 shall not
invalidate any sale made pursuant to this Article.
(4) Rights of Barred Nonrecord Claimant.
Nothing in
paragraph (3) of subsection (c) of Section
15-1502 shall affect the rights, if any, of any nonrecord claimant
whose interest in the mortgaged real estate was barred and terminated to
bring an action against any party to the foreclosure on whose behalf the
affidavit was filed, on account of the
filing of an inaccurate affidavit by such party in accordance with
paragraph (1) of subsection (c) of Section
15-1502 or the failure to give notice in accordance with paragraph (2) of
subsection (c) of Section 15-1502.
(Source: P.A. 84-1462.)
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