(305 ILCS 5/3-10.7)
(from Ch. 23, par. 3-10.7)
Foreclosure of lien.
Upon the death of the recipient, or prior thereto in cases of fraud if
the Illinois Department deems such action necessary to preserve the
security of the lien, the Illinois Department, acting in behalf of the
State, may foreclose the lien in a judicial proceeding to the same extent
and in the same manner as in the enforcement of other liens. The
process, practice and procedure for such foreclosure shall be the same as
provided in the Civil Practice Law, as amended.
If the amount bid for the property at the sale is less than the amount
of the lien, or if there are no bidders, the Illinois Department may
purchase the property for the use of the People of the State of Illinois.
Property so acquired may be sold to the highest bidder, after advertisement
in the State official newspaper, the sale to be not less than 10 days after
the advertisement. Upon a sale, the deed shall be executed by the Illinois
Department for the use of the People of the State of Illinois, and shall be
signed by the Director.
Except in cases of fraud, the Illinois Department shall defer
foreclosure proceedings on property occupied as a homestead by the
recipient, his surviving spouse, or a relative of the recipient as defined
by the rules and regulations of the Illinois Department.
(Source: P.A. 89-507, eff. 7-1-97.)