Chapter 735, CIVIL PROCEDURE

(735 ILCS 5/15-1205) (from Ch. 110, par. 15-1205) Sec. 15-1205. Land Trust. "Land trust" means any trust arrangement under which the legal and equitable title to real estate is held by a trustee, the interest of the beneficiary of the trust is personal property and the beneficiar…

(735 ILCS 5/15-1206) (from Ch. 110, par. 15-1206) Sec. 15-1206. Mechanics' Lien. "Mechanics' lien" or "mechanics' lien claim" means a lien or claim arising under the Mechanics Lien Act. (Source: P.A. 96-328, eff. 8-11-09.)

(735 ILCS 5/15-1207) (from Ch. 110, par. 15-1207) Sec. 15-1207. Mortgage. "Mortgage" means any consensual lien created by a written instrument which grants or retains an interest in real estate to secure a debt or other obligation. The term "mortgage" includes, without limitation…

(735 ILCS 5/15-1208) (from Ch. 110, par. 15-1208) Sec. 15-1208. Mortgagee. "Mortgagee" means (i) the holder of an indebtedness or obligee of a non-monetary obligation secured by a mortgage or any person designated or authorized to act on behalf of such holder and (ii) any person …

(735 ILCS 5/15-1209) (from Ch. 110, par. 15-1209) Sec. 15-1209. Mortgagor. "Mortgagor" means (i) the person whose interest in the real estate is the subject of the mortgage and (ii) any person claiming through a mortgagor as successor. Where a mortgage is executed by a trustee of…

(735 ILCS 5/15-1210) (from Ch. 110, par. 15-1210) Sec. 15-1210. Nonrecord Claimant. "Nonrecord claimant" means any person (i) who has or claims to have an interest in mortgaged real estate, (ii) whose name or interest, at the time a notice of foreclosure is recorded in accordance…

(735 ILCS 5/15-1211) (from Ch. 110, par. 15-1211) Sec. 15-1211. Notice of Foreclosure. "Notice of foreclosure" means the notice of a foreclosure which is made and recorded in accordance with Section 15-1503 of this Article. (Source: P.A. 84-1462.)

(735 ILCS 5/15-1212) (from Ch. 110, par. 15-1212) Sec. 15-1212. Owner of Redemption. "Owner of redemption" means a mortgagor, or other owner or co-owner of the mortgaged real estate. (Source: P.A. 84-1462.)

(735 ILCS 5/15-1213) (from Ch. 110, par. 15-1213) Sec. 15-1213. Real Estate. "Real estate" means land or any estate or interest in, over or under land (including minerals, air rights, structures, fixtures and other things which by custom, usage or law pass with a conveyance of la…

(735 ILCS 5/15-1214) (from Ch. 110, par. 15-1214) Sec. 15-1214. Real Estate Installment Contract. "Real estate installment contract" means any agreement or contract for a deed under which the purchase price is to be paid in installments with title to the real estate to be conveye…

(735 ILCS 5/15-1215) (from Ch. 110, par. 15-1215) Sec. 15-1215. Receiver. "Receiver" means a receiver appointed pursuant to Section 15-1704 of this Article. (Source: P.A. 84-1462.)

(735 ILCS 5/15-1216) (from Ch. 110, par. 15-1216) Sec. 15-1216. Recorder. "Recorder" means (i) the Recorder of the county in which the mortgaged real estate is located or (ii) if the mortgaged real estate is registered under the Torrens Act, the Registrar of Titles of the county …

(735 ILCS 5/15-1217) (from Ch. 110, par. 15-1217) Sec. 15-1217. Recording of Instruments. "Recording of instruments" or "to record" means to present to the Recorder a document, in recordable form, which is to be recorded in accordance with Section 3-5024 of the Counties Code, tog…

(735 ILCS 5/15-1218) (from Ch. 110, par. 15-1218) Sec. 15-1218. Recorded Notice. "Recorded notice" with respect to any real estate means (i) any instrument filed in accordance with Sections 2-1901 or 12-101 of the Code of Civil Procedure or (ii) any recorded instrument which disc…

(735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219) Sec. 15-1219. Residential Real Estate. "Residential real estate" means any real estate, except a single tract of agricultural real estate consisting of more than 40 acres, which is improved with a single family residence or reside…

(735 ILCS 5/15-1220) (from Ch. 110, par. 15-1220) Sec. 15-1220. Statutory Judgment Rate. "Statutory judgment rate" means the rate of interest on judgments specified in Section 2-1303 of the Code of Civil Procedure. (Source: P.A. 84-1462.)

(735 ILCS 5/15-1221) (from Ch. 110, par. 15-1221) Sec. 15-1221. Unknown Owner. "Unknown owner" means the same as "unknown owner" as used in Section 2-413 of the Code of Civil Procedure. (Source: P.A. 84-1462.)

(735 ILCS 5/15-1222) (from Ch. 110, par. 15-1222) Sec. 15-1222. Acts Referred to in this Article. Acts referred to by name in this Article shall mean those Acts, as amended from time to time, and, in particular: (a) "Torrens Act" means "An act concerning land titles", approved Ma…

(735 ILCS 5/15-1223) Sec. 15-1223. Occupant. "Occupant" means a person in lawful physical possession of all or part of the mortgaged real estate. (Source: P.A. 88-265.)

(735 ILCS 5/15-1224) Sec. 15-1224. Bona fide lease. (a) For purposes of Sections 9-207.5, 15-1225, 15-1506, 15-1508, and 15-1701 of this Code only, the term "bona fide lease" means a lease of a dwelling unit in residential real estate in foreclosure for which: (1) the mortgagor o…

(735 ILCS 5/15-1225) Sec. 15-1225. Residential real estate in foreclosure. For purposes of Sections 9-207.5, 15-1224, 15-1506, 15-1508, and 15-1701 of this Code only, the term "residential real estate in foreclosure" means any real estate, except a single tract of agricultural re…

(735 ILCS 5/15-1301) (from Ch. 110, par. 15-1301) Sec. 15-1301. Lien Created. Except as provided in Section 15-1302, from the time a mortgage is recorded it shall be a lien upon the real estate that is the subject of the mortgage for all monies advanced or applied or other obliga…

(735 ILCS 5/15-1302) (from Ch. 110, par. 15-1302) Sec. 15-1302. Certain Future Advances. (a) Advances Made After Eighteen Months. Except as provided in subsection (b) of Section 15-1302, as to any monies advanced or applied more than 18 months after a mortgage is recorded, the mo…

(735 ILCS 5/15-1401) (from Ch. 110, par. 15-1401) Sec. 15-1401. Deed in Lieu of Foreclosure. The mortgagor and mortgagee may agree on a termination of the mortgagor's interest in the mortgaged real estate after a default by a mortgagor. Any mortgagee or mortgagee's nominee may ac…

(735 ILCS 5/15-1401.1) Sec. 15-1401.1. Short sale in foreclosure. (a) As used in this Section: "Certified community development financial institution" means a community development financial institution that is certified by the Community Development Financial Institutions Fund in…

(735 ILCS 5/15-1402) (from Ch. 110, par. 15-1402) Sec. 15-1402. Consent Foreclosure. (a) No Objection. In a foreclosure, the court shall enter a judgment satisfying the mortgage indebtedness by vesting absolute title to the mortgaged real estate in the mortgagee free and clear of…

(735 ILCS 5/15-1403) (from Ch. 110, par. 15-1403) Sec. 15-1403. Common Law Strict Foreclosure. Nothing in this Article shall affect the right of a mortgagee to foreclose its mortgage by a common law strict foreclosure as in existence in Illinois on the effective date of this Arti…

(735 ILCS 5/15-1404) (from Ch. 110, par. 15-1404) Sec. 15-1404. Judicial Foreclosure. Except as provided in subsection (d) of Section 15-1501, the interest in the mortgaged real estate of (i) all persons made a party in such foreclosure and (ii) all nonrecord claimants given noti…

(735 ILCS 5/15-1405) (from Ch. 110, par. 15-1405) Sec. 15-1405. Power of Sale. No real estate within this State may be sold by virtue of any power of sale contained in a mortgage or any other agreement, and all such mortgages may only be foreclosed in accordance with this Article…

(735 ILCS 5/15-1501) (from Ch. 110, par. 15-1501) Sec. 15-1501. Parties. (a) Necessary Parties. For the purposes of Section 2-405 of the Code of Civil Procedure, only (i) the mortgagor and (ii) other persons (but not guarantors) who owe payment of indebtedness or the performance …

(735 ILCS 5/15-1501.5) Sec. 15-1501.5. Return from combat stay. In addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, whenever it is determined in a foreclosure proceeding that the mortgagor defendant is a person who was deployed to…

(735 ILCS 5/15-1501.6) Sec. 15-1501.6. Relief in mortgage foreclosure proceedings for military personnel in military service. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service memb…

(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 cl…

(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503) Sec. 15-1503. Notice of foreclosure. (a) A notice of foreclosure, whether the foreclosure is initiated by complaint or counterclaim, made in accordance with this Section and recorded in the county in which the mortgaged real estat…

(735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504) Sec. 15-1504. Pleadings and service. (a) Form of Complaint. A foreclosure complaint may be in substantially the following form: (1) Plaintiff files this complaint to foreclose the mortgage (or other conveyance in the nature of a m…

(735 ILCS 5/15-1504.1) Sec. 15-1504.1. Filing fee for Foreclosure Prevention Program Fund, Foreclosure Prevention Program Graduated Fund, and Abandoned Residential Property Municipality Relief Fund. (a) Fee paid by all plaintiffs with respect to residential real estate. With resp…

(735 ILCS 5/15-1504.5) Sec. 15-1504.5. Homeowner notice to be attached to summons. For all residential foreclosure actions filed, the plaintiff must attach a Homeowner Notice to the summons. The Homeowner Notice must be in at least 12 point type and in English and Spanish. The Sp…

(735 ILCS 5/15-1505) (from Ch. 110, par. 15-1505) Sec. 15-1505. Real Estate Subject to Senior Liens. During a foreclosure, and any time prior to sale, a mortgagee or any other lienor may pay (i) when due installments of principal, interest or other obligations in accordance with …

(735 ILCS 5/15-1505.5) Sec. 15-1505.5. Payoff demands. (a) In a foreclosure action subject to this Article, on the written demand of a mortgagor or the mortgagor's authorized agent (which shall include the mortgagor's name, the mortgaged property's address, and the mortgage accou…

(735 ILCS 5/15-1505.6) Sec. 15-1505.6. Objection to jurisdiction over the person. (a) In any residential foreclosure action, the deadline for filing a motion to dismiss the entire proceeding or to quash service of process that objects to the court's jurisdiction over the person, …

(735 ILCS 5/15-1505.8) Sec. 15-1505.8. Expedited judgment and sale procedure for abandoned residential property. (a) Upon motion and notice, the mortgagee may elect to utilize the expedited judgment and sale procedure for abandoned residential property stated in this Section to o…

(735 ILCS 5/15-1506) (from Ch. 110, par. 15-1506) Sec. 15-1506. Judgment. (a) Evidence. In the trial of a foreclosure, the evidence to support the allegations of the complaint shall be taken in open court, except: (1) where an allegation of fact in the complaint is not denied by …

(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 acc…

(735 ILCS 5/15-1507.2) 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. A…

(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) Sec. 15-1508. Report of sale and confirmation of sale. (a) Report. The person conducting the sale shall promptly make a report to the court, which report shall include a copy of all receipts and, if any, certificate of sale. (b) H…

(735 ILCS 5/15-1508.5) Sec. 15-1508.5. Notice by holder or purchaser to known occupants of dwelling units of mortgaged real estate. (a) The holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser, shall…

(735 ILCS 5/15-1509) (from Ch. 110, par. 15-1509) Sec. 15-1509. Transfer of Title and Title Acquired. (a) Deed. After (i) confirmation of the sale, and (ii) payment of the purchase price and any other amounts required to be paid by the purchaser at sale, the court (or, if the cou…

(735 ILCS 5/15-1509.5) Sec. 15-1509.5. Notice at time of conveyance. Any deed executed pursuant to this Article or judgment vesting title by a consent foreclosure pursuant to Section 15-1402 shall state the grantee's or mortgagee's name (and the name of a contact person), street …

(735 ILCS 5/15-1510) (from Ch. 110, par. 15-1510) Sec. 15-1510. Attorney's Fees and Costs. (a) The court may award reasonable attorney's fees and costs to the defendant who prevails in a motion, an affirmative defense or counterclaim, or in the foreclosure action. A defendant who…

(735 ILCS 5/15-1510.1) 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 …