2005 Illinois 735 ILCS 5/      Code of Civil Procedure. Part 15 - Judicial Foreclosure Procedure


      (735 ILCS 5/Art. XV Pt. 15 heading)
Part 15. Judicial Foreclosure Procedure

    (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 of other obligations secured by the mortgage and against whom personal liability is asserted shall be necessary parties defendant in a foreclosure. The court may proceed to adjudicate their respective interests, but any disposition of the mortgaged real estate shall be subject to (i) the interests of all other persons not made a party or (ii) interests in the mortgaged real estate not otherwise barred or terminated in the foreclosure.
    (b) Permissible Parties. Any party may join as a party any other person, although such person is not a necessary party, including, without limitation, the following:
        (1) All persons having a possessory interest in the
    
mortgaged real estate;
        (2) A mortgagor's spouse who has waived the right of
    
homestead;
        (3) A trustee holding an interest in the mortgaged
    
real estate or a beneficiary of such trust;
        (4) The owner or holder of a note secured by a trust
    
deed;
        (5) Guarantors, provided that in a foreclosure any
    
such guarantor also may be joined as a party in a separate count in an action on such guarantor's guaranty;
        (6) The State of Illinois or any political
    
subdivision thereof, where a foreclosure involves real estate upon which the State or such subdivision has an interest or claim for lien, in which case "An Act in relation to immunity for the State of Illinois", approved December 10, 1971, as amended, shall not be effective;
        (7) The United States of America or any agency or
    
department thereof where a foreclosure involves real estate upon which the United States of America or such agency or department has an interest or a claim for lien;
        (8) Any assignee of leases or rents relating to the
    
mortgaged real estate;
        (9) Any person who may have a lien under the
    
Mechanic's Lien Act; and
        (10) Any other mortgagee or claimant.
    (c) Unknown Owners. Any unknown owner may be made a party in accordance with Section 2‑413 of the Code of Civil Procedure.
    (d) Right to Become Party. Any person who has or claims an interest in real estate which is the subject of a foreclosure or an interest in any debt secured by the mortgage shall have an unconditional right to appear and become a party in such foreclosure in accordance with subsection (e) of Section 15‑1501, provided, that neither such appearance by a lessee whose interest in the real estate is subordinate to the interest being foreclosed, nor the act of making such lessee a party, shall result in the termination of the lessee's lease unless the termination of the lease or lessee's interest in the mortgaged real estate is specifically ordered by the court in the judgment of foreclosure.
    (e) Time of Intervention.
        (1) Of Right. A person not a party, other than a
    
nonrecord claimant given notice in accordance with paragraph (2) of subsection (c) of Section 15‑1502, who has or claims an interest in the mortgaged real estate may appear and become a party at any time prior to the entry of judgment of foreclosure. A nonrecord claimant given such notice may appear and become a party at any time prior to the earlier of (i) the entry of a judgment of foreclosure or (ii) 30 days after such notice is given.
        (2) In Court's Discretion. After the right to
    
intervene expires and prior to the sale in accordance with the judgment, the court may permit a person who has or claims an interest in the mortgaged real estate to appear and become a party on such terms as the court may deem just.
        (3) Later Right. After the sale of the mortgaged
    
real estate in accordance with a judgment of foreclosure and prior to the entry of an order confirming the sale, a person who has or claims an interest in the mortgaged real estate, may appear and become a party, on such terms as the court may deem just, for the sole purpose of claiming an interest in the proceeds of sale. Any such party shall be deemed a party from the commencement of the foreclosure, and the interest of such party in the real estate shall be subject to all orders and judgments entered in the foreclosure.
        (4) Termination of Interest. Except as provided in
    
Section 15‑1501(d), the interest of any person who is allowed to appear and become a party shall be terminated, and the interest of such party in the real estate shall attach to the proceeds of sale.
    (f) Separate Actions. Any mortgagee or claimant, other than the mortgagee who commences a foreclosure, whose interest in the mortgaged real estate is recorded prior to the filing of a notice of foreclosure in accordance with this Article but who is not made a party to such foreclosure, shall not be barred from filing a separate foreclosure (i) as an intervening defendant or counterclaimant in accordance with subsections (d) and (e) of Section 15‑1501 if a judgment of foreclosure has not been entered in the original foreclosure or (ii) in a new foreclosure subsequent to the entry of a judgment of foreclosure in the original foreclosure.
    (g) Service on the State of Illinois. When making the State of Illinois a party to a foreclosure, summons may be served by sending, by registered or certified mail, a copy of the summons and the complaint to the Attorney General. The complaint shall set forth with particularity the nature of the interest or lien of the State of Illinois. If such interest or lien appears in a recorded instrument, the complaint must state the document number of the instrument and the office wherein it was recorded.
(Source: P.A. 88‑265.)

    (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.)

    (735 ILCS 5/15‑1503) (from Ch. 110, par. 15‑1503)
    Sec. 15‑1503. Notice of Foreclosure. 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 estate is located shall be constructive notice of the pendency of the foreclosure to every person claiming an interest in or lien on the mortgaged real estate, whose interest or lien has not been recorded prior to the recording of such notice of foreclosure. Such notice of foreclosure must be executed by any party or any party's attorney and shall include (i) the names of all plaintiffs and the case number, (ii) the court in which the action was brought, (iii) the names of title holders of record, (iv) a legal description of the real estate sufficient to identify it with reasonable certainty, (v) a common address or description of the location of the real estate and (vi) identification of the mortgage sought to be foreclosed. An incorrect common address or description of the location, or an immaterial error in the identification of a plaintiff or title holder of record, shall not invalidate the lis pendens effect of the notice under this Section. A notice which complies with this Section shall be deemed to comply with Section 2‑1901 of the Code of Civil Procedure and shall have the same effect as a notice filed pursuant to that Section; however, a notice which complies with Section 2‑1901 shall not be constructive notice unless it also complies with the requirements of this Section.
(Source: P.A. 86‑974.)

    (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 mortgage) (hereinafter called "mortgage") hereinafter described and joins the following person as defendants: (here insert names of all defendants).
        (2) Attached as Exhibit "A" is a copy of the
    
mortgage and as Exhibit "B" is a copy of the note secured thereby.
        (3) Information concerning mortgage:
            (A) Nature of instrument: (here insert whether a
        
mortgage, trust deed or other instrument in the nature of a mortgage, etc.)
            (B) Date of mortgage:
            (C) Name of mortgagor:
            (D) Name of mortgagee:
            (E) Date and place of recording:
            (F) Identification of recording: (here insert
        
book and page number or document number)
            (G) Interest subject to the mortgage: (here
        
insert whether fee simple, estate for years, undivided interest, etc.)
            (H) Amount of original indebtedness, including
        
subsequent advances made under the mortgage:
            (I) Both the legal description of the mortgaged
        
real estate and the common address or other information sufficient to identify it with reasonable certainty:
            (J) Statement as to defaults, including, but not
        
necessarily limited to, date of default, current unpaid principal balance, per diem interest accruing, and any further information concerning the default:
            (K) Name of present owner of the real estate:
            (L) Names of other persons who are joined as
        
defendants and whose interest in or lien on the mortgaged real estate is sought to be terminated:
            (M) Names of defendants claimed to be personally
        
liable for deficiency, if any:
            (N) Capacity in which plaintiff brings this
        
foreclosure (here indicate whether plaintiff is the legal holder of the indebtedness, a pledgee, an agent, the trustee under a trust deed or otherwise, as appropriate):
            (O) Facts in support of redemption period
        
shorter than the longer of (i) 7 months from the date the mortgagor or, if more than one, all the mortgagors (I) have been served with summons or by publication or (II) have otherwise submitted to the jurisdiction of the court, or (ii) 3 months from the entry of the judgment of foreclosure, if sought (here indicate whether based upon the real estate not being residential, abandonment, or real estate value less than 90% of amount owed, etc.):
            (P) Statement that the right of redemption has
        
been waived by all owners of redemption, if applicable:
            (Q) Facts in support of request for attorneys'
        
fees and of costs and expenses, if applicable:
            (R) Facts in support of a request for
        
appointment of mortgagee in possession or for appointment of receiver, and identity of such receiver, if sought:
            (S) Offer to mortgagor in accordance with
        
Section 15‑1402 to accept title to the real estate in satisfaction of all indebtedness and obligations secured by the mortgage without judicial sale, if sought:
            (T) Name or names of defendants whose right to
        
possess the mortgaged real estate, after the confirmation of a foreclosure sale, is sought to be terminated and, if not elsewhere stated, the facts in support thereof:

 
REQUEST FOR RELIEF     Plaintiff requests:
        (i) A judgment of foreclosure and sale.
        (ii) An order granting a shortened redemption
    
period, if sought.
        (iii) A personal judgment for a deficiency, if
    
sought.
        (iv) An order granting possession, if sought.
        (v) An order placing the mortgagee in possession or
    
appointing a receiver, if sought.
        (vi) A judgment for attorneys' fees, costs and
    
expenses, if sought.
    (b) Required Information. A foreclosure complaint need contain only such statements and requests called for by the form set forth in subsection (a) of Section 15‑1504 as may be appropriate for the relief sought. Such complaint may be filed as a counterclaim, may be joined with other counts or may include in the same count additional matters or a request for any additional relief permitted by Article II of the Code of Civil Procedure.
    (c) Allegations. The statements contained in a complaint in the form set forth in subsection (a) of Section 15‑1504 are deemed and construed to include allegations as follows:
        (1) on the date indicated the obligor of the
    
indebtedness or other obligations secured by the mortgage was justly indebted in the amount of the indicated original indebtedness to the original mortgagee or payee of the mortgage note;
        (2) that the exhibits attached are true and correct
    
copies of the mortgage and note and are incorporated and made a part of the complaint by express reference;
        (3) that the mortgagor was at the date indicated an
    
owner of the interest in the real estate described in the complaint and that as of that date made, executed and delivered the mortgage as security for the note or other obligations;
        (4) that the mortgage was recorded in the county in
    
which the mortgaged real estate is located, on the date indicated, in the book and page or as the document number indicated;
        (5) that defaults occurred as indicated;
        (6) that at the time of the filing of the complaint
    
the persons named as present owners are the owners of the indicated interests in and to the real estate described;
        (7) that the mortgage constitutes a valid, prior and
    
paramount lien upon the indicated interest in the mortgaged real estate, which lien is prior and superior to the right, title, interest, claim or lien of all parties and nonrecord claimants whose interests in the mortgaged real estate are sought to be terminated;
        (8) that by reason of the defaults alleged, if the
    
indebtedness has not matured by its terms, the same has become due by the exercise, by the plaintiff or other persons having such power, of a right or power to declare immediately due and payable the whole of all indebtedness secured by the mortgage;
        (9) that any and all notices of default or election
    
to declare the indebtedness due and payable or other notices required to be given have been duly and properly given;
        (10) that any and all periods of grace or other
    
period of time allowed for the performance of the covenants or conditions claimed to be breached or for the curing of any breaches have expired;
        (11) that the amounts indicated in the statement in
    
the complaint are correctly stated and if such statement indicates any advances made or to be made by the plaintiff or owner of the mortgage indebtedness, that such advances were, in fact, made or will be required to be made, and under and by virtue of the mortgage the same constitute additional indebtedness secured by the mortgage; and
        (12) that, upon confirmation of the sale, the holder
    
of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser at the sale will be entitled to full possession of the mortgaged real estate against the parties named in clause (T) of paragraph (3) of subsection (a) of Section 15‑1504 or elsewhere to the same effect; the omission of any party indicates that plaintiff will not seek a possessory order in the order confirming sale unless the request is subsequently made under subsection (h) of Section 15‑1701 or by separate action under Article 9 of this Code.
    (d) Request for Fees and Costs. A statement in the complaint that plaintiff seeks the inclusion of attorneys' fees and of costs and expenses shall be deemed and construed to include allegations that:
        (1) plaintiff has been compelled to employ and
    
retain attorneys to prepare and file the complaint and to represent and advise the plaintiff in the foreclosure of the mortgage and the plaintiff will thereby become liable for the usual, reasonable and customary fees of the attorneys in that behalf;
        (2) that the plaintiff has been compelled to advance
    
or will be compelled to advance, various sums of money in payment of costs, fees, expenses and disbursements incurred in connection with the foreclosure, including, without limiting the generality of the foregoing, filing fees, stenographer's fees, witness fees, costs of publication, costs of procuring and preparing documentary evidence and costs of procuring abstracts of title, Torrens certificates, foreclosure minutes and a title insurance policy;
        (3) that under the terms of the mortgage, all such
    
advances, costs, attorneys' fees and other fees, expenses and disbursements are made a lien upon the mortgaged real estate and the plaintiff is entitled to recover all such advances, costs, attorneys' fees, expenses and disbursements, together with interest on all advances at the rate provided in the mortgage, or, if no rate is provided therein, at the statutory judgment rate, from the date on which such advances are made;
        (4) that in order to protect the lien of the
    
mortgage, it may become necessary for plaintiff to pay taxes and assessments which have been or may be levied upon the mortgaged real estate;
        (5) that in order to protect and preserve the
    
mortgaged real estate, it may also become necessary for the plaintiff to pay liability (protecting mortgagor and mortgagee), fire and other hazard insurance premiums on the mortgaged real estate, make such repairs to the mortgaged real estate as may reasonably be deemed necessary for the proper preservation thereof, advance for costs to inspect the mortgaged real estate or to appraise it, or both, and advance for premiums for pre‑existing private or governmental mortgage insurance to the extent required after a foreclosure is commenced in order to keep such insurance in force; and
        (6) that under the terms of the mortgage, any money
    
so paid or expended will become an additional indebtedness secured by the mortgage and will bear interest from the date such monies are advanced at the rate provided in the mortgage, or, if no rate is provided, at the statutory judgment rate.
    (e) Request for Foreclosure. The request for foreclosure is deemed and construed to mean that the plaintiff requests that:
        (1) an accounting may be taken under the direction
    
of the court of the amounts due and owing to the plaintiff;
        (2) that the defendants be ordered to pay to the
    
plaintiff before expiration of any redemption period (or, if no redemption period, before a short date fixed by the court) whatever sums may appear to be due upon the taking of such account, together with attorneys' fees and costs of the proceedings (to the extent provided in the mortgage or by law);
        (3) that in default of such payment in accordance
    
with the judgment, the mortgaged real estate be sold as directed by the court, to satisfy the amount due to the plaintiff as set forth in the judgment, together with the interest thereon at the statutory judgment rate from the date of the judgment;
        (4) that in the event the plaintiff is a purchaser
    
of the mortgaged real estate at such sale, the plaintiff may offset against the purchase price of such real estate the amounts due under the judgment of foreclosure and order confirming the sale;
        (5) that in the event of such sale and the failure
    
of any person entitled thereto to redeem prior to such sale pursuant to this Article, the defendants made parties to the foreclosure in accordance with this Article, and all nonrecord claimants given notice of the foreclosure in accordance with this Article, and all persons claiming by, through or under them, and each and any and all of them, may be forever barred and foreclosed of any right, title, interest, claim, lien, or right to redeem in and to the mortgaged real estate; and
        (6) that if no redemption is made prior to such
    
sale, a deed may be issued to the purchaser thereat according to law and such purchaser be let into possession of the mortgaged real estate in accordance with Part 17 of this Article.
    (f) Request for Deficiency Judgment. A request for a personal judgment for a deficiency in a foreclosure complaint if the sale of the mortgaged real estate fails to produce a sufficient amount to pay the amount found due, the plaintiff may have a personal judgment against any party in the foreclosure indicated as being personally liable therefor and the enforcement thereof be had as provided by law.
    (g) Request for Possession or Receiver. A request for possession or appointment of a receiver has the meaning as stated in subsection (b) of Section 15‑1706.
    (h) Answers by Parties. Any party may assert its interest by counterclaim and such counterclaim may at the option of that party stand in lieu of answer to the complaint for foreclosure and all counter complaints previously or thereafter filed in the foreclosure. Any such counterclaim shall be deemed to constitute a statement that the counter claimant does not have sufficient knowledge to form a belief as to the truth or falsity of the allegations of the complaint and all other counterclaims, except to the extent that the counterclaim admits or specifically denies such allegations.
(Source: P.A. 91‑357, eff. 7‑29‑99.)

    (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 the terms of any senior mortgage, (ii) when due installments of real estate taxes or (iii) any other obligation authorized by the mortgage instrument. With court approval, a mortgagee or any other lienor may pay any other amounts in connection with other liens, encumbrances or interests reasonably necessary to preserve the status of title.
(Source: P.A. 84‑1462.)

    (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 a party's verified answer or verified counterclaim, or where a party pursuant to subsection (b) of Section 2‑610 of the Code of Civil Procedure states, or is deemed to have stated, in its pleading that it has no knowledge of such allegation sufficient to form a belief and attaches the required affidavit, a sworn verification of the complaint or a separate affidavit setting forth such fact is sufficient evidence thereof against such party and no further evidence of such fact shall be required; and
    (2) where all the allegations of fact in the complaint have been proved by verification of the complaint or affidavit, the court upon motion supported by an affidavit stating the amount which is due the mortgagee, shall enter a judgment of foreclosure as requested in the complaint.
    (b) Instruments. In all cases the evidence of the indebtedness and the mortgage foreclosed shall be exhibited to the court and appropriately marked, and copies thereof shall be filed with the court.
    (c) Summary and Default Judgments. Nothing in this Section 15‑1506 shall prevent a party from obtaining a summary or default judgment authorized by Article II of the Code of Civil Procedure.
    (d) Notice of Entry of Default. When any judgment in a foreclosure is entered by default, notice of such judgment shall be given in accordance with Section 2‑1302 of the Code of Civil Procedure.
    (e) Matters Required in Judgment. A judgment of foreclosure shall include the last date for redemption and all rulings of the court entered with respect to each request for relief set forth in the complaint. The omission of the date for redemption shall not extend the time for redemption or impair the validity of the judgment.
    (f) Special Matters in Judgment. Without limiting the general authority and powers of the court, special matters may be included in the judgment of foreclosure if sought by a party in the complaint or by separate motion. Such matters may include, without limitation:
    (1) a manner of sale other than public auction;
    (2) a sale by sealed bid;
    (3) an official or other person who shall be the officer to conduct the sale other than the one customarily designated by the court;
    (4) provisions for non‑exclusive broker listings or designating a duly licensed real estate broker nominated by one of the parties to exclusively list the real estate for sale;
    (5) the fees or commissions to be paid out of the sale proceeds to the listing or other duly licensed broker, if any, who shall have procured the accepted bid;
    (6) the fees to be paid out of the sale proceeds to an auctioneer, if any, who shall have been authorized to conduct a public auction sale;
    (7) whether and in what manner and with what content signs shall be posted on the real estate;
    (8) a particular time and place at which such bids shall be received;
    (9) a particular newspaper or newspapers in which notice of sale shall be published;
    (10) the format for the advertising of such sale, including the size, content and format of such advertising, and additional advertising of such sale;
    (11) matters or exceptions to which title in the real estate may be subject at the sale;
    (12) a requirement that title insurance in a specified form be provided to a purchaser at the sale, and who shall pay for such insurance;
    (13) whether and to what extent bids with mortgage or other contingencies will be allowed;
    (14) such other matters as approved by the court to ensure sale of the real estate for the most commercially favorable price for the type of real estate involved.
    (g) Agreement of the Parties. If all of the parties agree in writing on the minimum price and that the real estate may be sold to the first person who offers in writing to purchase the real estate for such price, and on such other commercially reasonable terms and conditions as the parties may agree, then the court shall order the real estate to be sold on such terms, subject to confirmation of the sale in accordance with Section 15‑1508.
    (h) Postponement of Proving Priority. With the approval of the court prior to the entry of the judgment of foreclosure, a party claiming an interest in the proceeds of the sale of the mortgaged real estate may defer proving the priority of such interest until the hearing to confirm the sale.
    (i) Effect of Judgment and Lien. (1) Upon the entry of the judgment of foreclosure, all rights of a party in the foreclosure against the mortgagor provided for in the judgment of foreclosure or this Article shall be secured by a lien on the mortgaged real estate, which lien shall have the same priority as the claim to which the judgment relates and shall be terminated upon confirmation of a judicial sale in accordance with this Article.
    (2) Upon the entry of the judgment of foreclosure, the rights in the real estate subject to the judgment of foreclosure of (i) all persons made a party in the foreclosure and (ii) all nonrecord claimants given notice in accordance with paragraph (2) of subsection (c) of Section 15‑1502, shall be solely as provided for in the judgment of foreclosure and in this Article.
(Source: P.A. 85‑907.)

    (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. 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.
    (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;
            (G) the terms of the sale;
            (H) the case title, case number and the court in
        
which the foreclosure was filed; 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; 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. 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. 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. 86‑974.)

    (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) Hearing. Upon motion and notice in accordance with court rules applicable to motions generally, which motion shall not be made prior to sale, the court shall conduct a hearing to confirm the sale. Unless the court finds that (i) a notice required in accordance with subsection (c) of Section 15‑1507 was not given, (ii) the terms of sale were unconscionable, (iii) the sale was conducted fraudulently or (iv) that justice was otherwise not done, the court shall then enter an order confirming the sale. The confirmation order may also:
        (1) approve the mortgagee's fees and costs arising
    
between the entry of the judgment of foreclosure and the confirmation hearing, those costs and fees to be allowable to the same extent as provided in the note and mortgage and in Section 15‑1504;
        (2) provide for a personal judgment against any
    
party for a deficiency; and
        (3) determine the priority of the judgments of
    
parties who deferred proving the priority pursuant to subsection (h) of Section 15‑1506, but the court shall not defer confirming the sale pending the determination of such priority.
    (c) Failure to Give Notice. If any sale is held without compliance with subsection (c) of Section 15‑1507 of this Article, any party entitled to the notice provided for in paragraph (3) of that subsection (c) who was not so notified may, by motion supported by affidavit made prior to confirmation of such sale, ask the court which entered the judgment to set aside the sale, provided that such party shall guarantee or secure by bond a bid equal to the successful bid at the prior sale. Any subsequent sale is subject to the same notice requirement as the original sale.
    (d) Validity of Sale. Except as provided in subsection (c) of Section 15‑1508, no sale under this Article shall be held invalid or be set aside because of any defect in the notice thereof or in the publication of the same, or in the proceedings of the officer conducting the sale, except upon good cause shown in a hearing pursuant to subsection (b) of Section 15‑1508. At any time after a sale has occurred, any party entitled to notice under paragraph (3) of subsection (c) of Section 15‑1507 may recover from the mortgagee any damages caused by the mortgagee's failure to comply with such paragraph (3). Any party who recovers damages in a judicial proceeding brought under this subsection may also recover from the mortgagee the reasonable expenses of litigation, including reasonable attorney's fees.
    (e) Deficiency Judgment. In any order confirming a sale pursuant to the judgment of foreclosure, the court shall also enter a personal judgment for deficiency against any party (i) if otherwise authorized and (ii) to the extent requested in the complaint and proven upon presentation of the report of sale in accordance with Section 15‑1508. Except as otherwise provided in this Article, a judgment may be entered for any balance of money that may be found due to the plaintiff, over and above the proceeds of the sale or sales, and enforcement may be had for the collection of such balance, the same as when the judgment is solely for the payment of money. Such judgment may be entered, or enforcement had, only in cases where personal service has been had upon the persons personally liable for the mortgage indebtedness, unless they have entered their appearance in the foreclosure action.
    (f) Satisfaction. Upon confirmation of the sale, the judgment stands satisfied to the extent of the sale price less expenses and costs. If the order confirming the sale includes a deficiency judgment, the judgment shall become a lien in the manner of any other judgment for the payment of money.
    (g) The order confirming the sale shall include, notwithstanding any previous orders awarding possession during the pendency of the foreclosure, an award to the purchaser of possession of the mortgaged real estate, as of the date 30 days after the entry of the order, against the parties to the foreclosure whose interests have been terminated.
    An order of possession authorizing the removal of a person from possession of the mortgaged real estate shall be entered and enforced only against those persons personally named as individuals in the complaint or the petition under subsection (h) of Section 15‑1701 and in the order of possession and shall not be entered and enforced against any person who is only generically described as an unknown owner or nonrecord claimant or by another generic designation in the complaint.
    Notwithstanding the preceding paragraph, the failure to personally name, include, or seek an award of possession of the mortgaged real estate against a person in the confirmation order shall not abrogate any right that the purchaser may have to possession of the mortgaged real estate and to maintain a proceeding against that person for possession under Article 9 of this Code or subsection (h) of Section 15‑1701; and possession against a person who (1) has not been personally named as a party to the foreclosure and (2) has not been provided an opportunity to be heard in the foreclosure proceeding may be sought only by maintaining a proceeding under Article 9 of this Code or subsection (h) of Section 15‑1701.
(Source: P.A. 88‑265; 89‑203, eff. 7‑21‑95.)

    (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 court shall so order, the person who conducted the sale or such person's successor or some persons specifically appointed by the court for that purpose), shall upon the request of the holder of the certificate of sale (or the purchaser if no certificate of sale was issued), promptly execute a deed to the holder or purchaser sufficient to convey title. Such deed shall identify the court and the caption of the case in which judgment was entered authorizing issuance of the deed. Signature and the recital in the deed of the title or authority of the person signing the deed as grantor, of authority pursuant to the judgment and of the giving of the notices required by this Article is sufficient proof of the facts recited and of such authority to execute the deed, but such deed shall not be construed to contain any covenant on the part of the person executing it. If the deed issues to a grantee prior to the expiration of the period for appealing the confirmation of sale, and the grantee conveys title to another party within that period, that other party will not be deemed a bona fide purchaser unless and until such period expires without an appeal having been filed or, an appeal having been filed, such appeal is denied or withdrawn.
    (b) Effect Upon Delivery of Deed. Delivery of the deed executed on the sale of the real estate, even if the purchaser or holder of the certificate of sale is a party to the foreclosure, shall be sufficient to pass the title thereto.
    (c) Claims Barred. Any vesting of title by a consent foreclosure pursuant to Section 15‑1402 or by deed pursuant to subsection (b) of Section 15‑1509, unless otherwise specified in the judgment of foreclosure, shall be an entire bar of (i) all claims of parties to the foreclosure and (ii) all claims of any nonrecord claimant who is given notice of the foreclosure in accordance with paragraph (2) of subsection (c) of Section 15‑1502, notwithstanding the provisions of subsection (g) of Section 2‑1301 to the contrary. Any person seeking relief from any judgment or order entered in the foreclosure in accordance with subsection (g) of Section 2‑1301 of the Code of Civil Procedure may claim only an interest in the proceeds of sale.
(Source: P.A. 86‑974.)

    (735 ILCS 5/15‑1510) (from Ch. 110, par. 15‑1510)
    Sec. 15‑1510. Attorney's Fees and Costs by Written Agreement. Attorneys' fees and other costs incurred in connection with the preparation, filing or prosecution of the foreclosure suit shall be recoverable in a foreclosure only to the extent specifically set forth in the mortgage or other written agreement between the mortgagor and the mortgagee or as otherwise provided in this Article.
(Source: P.A. 86‑974.)

    (735 ILCS 5/15‑1511) (from Ch. 110, par. 15‑1511)
    Sec. 15‑1511. Deficiency. Except as expressly prohibited by this Article, foreclosure of a mortgage does not affect a mortgagee's rights, if any, to obtain a personal judgment against any person for a deficiency.
(Source: P.A. 84‑1462.)

    (735 ILCS 5/15‑1512) (from Ch. 110, par. 15‑1512)
    Sec. 15‑1512. Application of Proceeds of Sale and Surplus. The proceeds resulting from a sale of real estate under this Article shall be applied in the following order:
    (a) the reasonable expenses of sale;
    (b) the reasonable expenses of securing possession before sale, holding, maintaining, and preparing the real estate for sale, including payment of taxes and other governmental charges, premiums on hazard and liability insurance, receiver's and management fees, and, to the extent provided for in the mortgage or other recorded agreement and not prohibited by law, reasonable attorneys' fees, payments made pursuant to Section 15‑1505 and other legal expenses incurred by the mortgagee;
    (c) if the sale was pursuant to judicial foreclosure, satisfaction of claims in the order of priority adjudicated in the judgment of foreclosure or order confirming the sale; and
    (d) remittance of any surplus to be held by the person appointed by the court to conduct the sale until further order of the court. If there is a surplus, such person conducting the sale shall send written notice to all parties to the proceeding advising them of the amount of the surplus, and that the surplus shall be held until a party obtains a court order for its distribution or until, in the absence of an order, the surplus is forfeited to the State.
(Source: P.A. 86‑974.)

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