Public Act 103-0930
 
SB2919 EnrolledLRB103 35721 LNS 65801 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by 
changing Section 15-1507 and by adding Sections 15-1507.2 and 
15-1510.1 as follows:
 
    (735 ILCS 5/15-1507)  (from Ch. 110, par. 15-1507)
    Sec. 15-1507. Judicial Sale. 
    (a) In General. Except as provided in Sections 15-1402 and 
15-1403, upon entry of a judgment of foreclosure, the real 
estate which is the subject of the judgment shall be sold at a 
judicial sale in accordance with this Section 15-1507.
    (b) Sale Procedures. 
        (1) Upon expiration of the reinstatement period and 
    the redemption period in accordance with subsection (b) or 
    (c) of Section 15-1603 or upon the entry of a judgment of 
    foreclosure after the waiver of all rights of redemption, 
    except as provided in subsection (g) of Section 15-1506, 
    the real estate shall be sold at a sale as provided in this 
    Article, on such terms and conditions as shall be 
    specified by the court in the judgment of foreclosure. A 
    sale may be conducted by any judge, or sheriff, or other 
    person as set forth in paragraph (3) of subsection (f) of 
    Section 15-1506.
        (2) Without limiting the general authority and powers 
    of the court, the mortgagee, in a foreclosure under this 
    Article, may request that the judge, sheriff, or other 
    person conduct the sale either in person, online, or both, 
    if available. 
    (c) Notice of Sale. The mortgagee, or such other party 
designated by the court, in a foreclosure under this Article 
shall give public notice of the sale as follows:
        (1) The notice of sale shall include at least the 
    following information, but an immaterial error in the 
    information shall not invalidate the legal effect of the 
    notice:
            (A) the name, address and telephone number of the 
        person to contact for information regarding the real 
        estate;
            (B) the common address and other common 
        description (other than legal description), if any, of 
        the real estate;
            (C) a legal description of the real estate 
        sufficient to identify it with reasonable certainty;
            (D) a description of the improvements on the real 
        estate;
            (E) the times specified in the judgment, if any, 
        when the real estate may be inspected prior to sale;
            (F) the time and place of the sale, including: ;
                (i) whether the sale will take place online, 
            in person, or both; and
                (ii) the website where the online bidding may 
            take place, if applicable; 
            (G) the terms of the sale;
            (H) the case title, case number and the court in 
        which the foreclosure was filed;
            (H-1) in the case of a condominium unit to which 
        subsection (g) of Section 9 of the Condominium 
        Property Act applies, the statement required by 
        subdivision (g)(5) of Section 9 of the Condominium 
        Property Act; 
            (H-2) in the case of a unit of a common interest 
        community to which subsection (g-1) of Section 18.5 of 
        the Condominium Property Act applies, the statement 
        required by subdivision (g-1) of Section 18.5 of the 
        Condominium Property Act; and 
            (I) such other information ordered by the Court.
        (2) The notice of sale shall be published at least 3 
    consecutive calendar weeks (Sunday through Saturday), once 
    in each week, the first such notice to be published not 
    more than 45 days prior to the sale, the last such notice 
    to be published not less than 7 days prior to the sale, by: 
    (i) (A) advertisements in a newspaper circulated to the 
    general public in the county in which the real estate is 
    located, in the section of that newspaper where legal 
    notices are commonly placed and (B) separate 
    advertisements in the section of such a newspaper, which 
    (except in counties with a population in excess of 
    3,000,000) may be the same newspaper, in which real estate 
    other than real estate being sold as part of legal 
    proceedings is commonly advertised to the general public; 
    provided, that the separate advertisements in the real 
    estate section need not include a legal description and 
    that where both advertisements could be published in the 
    same newspaper and that newspaper does not have separate 
    legal notices and real estate advertisement sections, a 
    single advertisement with the legal description shall be 
    sufficient; in counties with a population of more than 
    3,000,000, the notice required by this item (B) shall be 
    published in a newspaper different from the newspaper that 
    publishes the notice required by item (A), and the 
    newspaper in which the notice required by this item (B) is 
    published shall be a newspaper published in the township 
    in which the real estate is located; and (ii) such other 
    publications as may be further ordered by the court.
        (3) The party who gives notice of public sale in 
    accordance with subsection (c) of Section 15-1507 shall 
    also give notice to all parties in the action who have 
    appeared and have not theretofore been found by the court 
    to be in default for failure to plead. Such notice shall be 
    given in the manner provided in the applicable rules of 
    court for service of papers other than process and 
    complaint, not more than 45 days nor less than 7 days prior 
    to the day of sale. After notice is given as required in 
    this Section a copy thereof shall be filed in the office of 
    the clerk of the court entering the judgment, together 
    with a certificate of counsel or other proof that notice 
    has been served in compliance with this Section.
        (4) The party who gives notice of public sale in 
    accordance with subsection (c) of Section 15-1507 shall 
    again give notice in accordance with that Section of any 
    adjourned sale; provided, however, that if the adjourned 
    sale is to occur less than 60 days after the last scheduled 
    sale, notice of any adjourned sale need not be given 
    pursuant to this Section. In the event of adjournment, the 
    person conducting the sale shall, upon adjournment, 
    announce the date, time and place upon which the adjourned 
    sale shall be held or post on its website the date, time, 
    and place upon which the adjourned sale shall be held. 
    Notwithstanding any language to the contrary, for any 
    adjourned sale that is to be conducted more than 60 days 
    after the date on which it was to first be held, the party 
    giving notice of such sale shall again give notice in 
    accordance with this Section.
        (5) Notice of the sale may be given prior to the 
    expiration of any reinstatement period or redemption 
    period.
        (6) No other notice by publication or posting shall be 
    necessary unless required by order or rule of the court. 
        (7) The person named in the notice of sale to be 
    contacted for information about the real estate may, but 
    shall not be required, to provide additional information 
    other than that set forth in the notice of sale.
    (d) Election of Property. If the real estate which is the 
subject of a judgment of foreclosure is susceptible of 
division, the court may order it to be sold as necessary to 
satisfy the judgment. The court shall determine which real 
estate shall be sold, and the court may determine the order in 
which separate tracts may be sold.
    (e) Receipt upon Sale. Following Upon and at the sale of 
mortgaged real estate, the person conducting the sale shall 
give to the purchaser a receipt of sale. The receipt shall 
describe the real estate purchased and shall show the amount 
bid, the amount paid, the total amount paid to date and the 
amount still to be paid therefor. An additional receipt shall 
be given at the time of each subsequent payment.
    (f) Certificate of Sale. Upon payment in full of the 
amount bid, the person conducting the sale shall issue, in 
duplicate, and give to the purchaser a Certificate of Sale. 
The Certificate of Sale shall be in a recordable form, 
describe the real estate purchased, indicate the date and 
place of sale and show the amount paid therefor. The 
Certificate of Sale shall further indicate that it is subject 
to confirmation by the court. The duplicate certificate may be 
recorded in accordance with Section 12-121. The Certificate of 
Sale shall be freely assignable by endorsement thereon.
    (g) Interest after Sale. Any bid at sale shall be deemed to 
include, without the necessity of a court order, interest at 
the statutory judgment rate on any unpaid portion of the sale 
price from the date of sale to the date of payment.
(Source: P.A. 100-685, eff. 8-3-18.)
 
    (735 ILCS 5/15-1507.2 new)
    Sec. 15-1507.2. Online judicial sale.
    (a) The sheriff or other person may conduct the sale 
online in accordance with this Article.
    (b) The sheriff or other person may engage a third-party 
online sale provider to assist with performance of the online 
sale. Any third-party online sale provider engaged by a 
sheriff must be acquired through a process that confirms that 
the provider meets the requirements set forth in this Article.
    (c) In this Section, "third-party online sale provider" 
means any sale platform or services provider that is not the 
person conducting the sale or a party to the case involving the 
judicial sale and that is engaged by the person conducting the 
sale to assist with conducting the sale online in accordance 
with State law.
    (d) The sheriff or other person may charge an additional 
fee as a reasonable expense of the sale for costs associated 
with conducting the sale online.
    (e) For any foreclosure involving residential real estate, 
the fee set forth in subsection (d) may not exceed $400, unless 
a higher fee is otherwise approved by the court. Any fees not 
charged as a cost in the case may be agreed to and paid 
directly by the judge, sheriff, other person conducting the 
sale or a party to the case without limitation. The fees 
charged under this Section shall not reduce or impact the 
sheriff's fees set forth in Section 4-5001 and 4-12001 of the 
Counties Code. 
    (f) To conduct a sale online, the sheriff or other person 
conducting the sale must demonstrate to the court's 
satisfaction documented processes and procedures for 
conducting online auctions, adequate recordkeeping, and the 
ability to comply with the requirements in this Article.
    (g) If the sale takes place both online and in person, all 
bids accepted during the auction shall be simultaneously 
announced at the in-person sale and visible to the public 
online at the time the bids are placed. Any maximum bid amounts 
provided by bidders ahead of the sale shall not be visible to 
the public until the bid is placed.
    (h) There shall be no fee charged to the public to view 
properties for sale online or to participate in any auction in 
person or online.
    (i) Any third-party online sale provider may not maintain 
custody of sale funds on behalf of the judge, sheriff, or other 
person conducting the sale unless specifically approved by the 
court to maintain custody of funds on their behalf.
    (j) The sheriff or other person conducting the sale shall 
require a person seeking to bid electronically online to 
complete a registration process that includes providing 
information relevant to properly identify the bidder, contact 
the bidder, and complete the sale of the property as 
determined by the sheriff or other person conducting the sale.
    (k) If the person registering to bid is an individual, the 
information required shall include the individual's name, 
electronic mail address, and telephone number.
    (l) If the person registering to bid is an entity, the 
information required in this Section shall include the 
entity's legal name, name of an individual contact person for 
the entity, electronic mail address, and telephone number.
    (m) The sheriff or other person conducting the sale online 
shall require all bidders who wish to participate in bidding 
online to have their identity verified through an 
identification verification process before a bid can be placed 
online, which may include verification through a government 
issued identification, biometric verification, or other method 
of verification as determined by the judge, sheriff, or other 
person conducting the sale. If a bidder's identity cannot be 
verified through the verification process, then the bidder may 
be prohibited from participating in the online sale.
    (n) The purchaser at the sale shall submit to the person 
conducting the sale the following information prior to the 
sale being finalized:
        (1) All winning purchasers shall provide any required 
    information to be checked against the federal Office for 
    Foreign Assets Control sanction list by the person 
    conducting the sale before finalizing the purchase of the 
    property. The person conducting the sale shall check the 
    winning purchaser against the sanction list before an 
    order approving the sale may be entered.
        (2) If the purchaser is an individual, the information 
    shall include the individual's name, physical mailing 
    address, electronic mail address, and any other 
    information requested by the person conducting the sale to 
    adequately identify and contact the purchaser.
        (3) If the purchaser is an entity, the information 
    shall include the entity's legal name, trade name if 
    different from its legal name, state and date of 
    formation, mailing address, proof of business registration 
    with the State of Illinois, and the name of an individual 
    contact person for the entity, electronic mail address, 
    and the person's telephone number.
        (4) The purchaser must provide the sale deposit, if 
    applicable, and the balance due to the sheriff or other 
    person conducting the sale at least 24 hours after the end 
    of the sale, unless otherwise set forth by the sheriff or 
    other person conducting the sale, in the form designated 
    by the sheriff or other person conducting the sale. 
        (5) If the purchaser fails to provide the required 
    information within the time period designated by the 
    judge, sheriff, or other person conducting the sale, the 
    purchaser is in default and the judge, sheriff, or other 
    person conducting the sale may void the sale and proceed 
    with a resale. 
    (o) Any person conducting a sale online must maintain 
evidence of satisfactory internal informational security 
controls that meet industry standards and are maintained by 
the platform used to conduct online sales. Such evidence of 
satisfactory internal controls regarding data security may be 
in the form of an annual SOC 2 Report certification, with the 
ability to test and report on the design effectiveness (Type 
1) and operating effectiveness (Type 2) of the platform's 
controls, or another form ensuring performance and security 
requirements are met. 
    (p) The person conducting the sale and the third-party 
online sale provider may engage in activities to promote and 
market the sale to encourage and facilitate bidding, including 
listing the property on real estate websites and conducting 
email campaigns. The person conducting the sale or the 
third-party online sale provider is solely responsible for 
paying all fees or expenses incurred in connection with such 
activities. 
    (q) In every sale conducted online of residential real 
estate, (1) the sale may be held open for bidding for up to 3 
days and extended by the person conducting the sale as needed 
to allow for all active competitive bidding to occur, counted 
in accordance with Section 1.11 of the Statute on Statutes; 
and (2) bidding shall be open to everyone for the entire 
duration of the bidding period. 
 
    (735 ILCS 5/15-1510.1 new)
    Sec. 15-1510.1. Third-party purchaser fees and costs. 
Notwithstanding any other provision of law to the contrary, 
for the sale of residential real estate, no fee, including a 
buyer's premium, may be charged to a third-party bidder or 
purchaser who is not a party to the case at the sale of real 
estate under this Article beyond the winning bid amount to 
cover an expense of conducting the sale.