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Public Act 103-0930 Public Act 0930 103RD GENERAL ASSEMBLY | Public Act 103-0930 | SB2919 Enrolled | LRB103 35721 LNS 65801 b |
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| 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. |
Effective Date: 1/1/2025
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