(735 ILCS 5/15-1503)
(from Ch. 110, par. 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 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
(b) With respect to residential real estate, a copy of the notice of foreclosure described in subsection (a) of Section 15-1503 shall be sent by first class mail, postage prepaid, to the municipality within the boundary of which the mortgaged real estate is located, or to the county within the boundary of which the mortgaged real estate is located if the mortgaged real estate is located in an unincorporated territory. A municipality or county must clearly publish on its website a single address to which such notice shall be sent. If a municipality or county does not maintain a website, then the municipality or county must publicly post in its main office a single address to which such notice shall be sent. In the event that a municipality or county has not complied with the publication requirement in this subsection (b), then the copy of the notice to the municipality or county shall be sent by first class mail, postage prepaid, to the chairperson of the county board or county clerk in the case of a county, to the mayor or city clerk in the case of a city, to the president of the board of trustees or village clerk in the case of a village, or to the president or town clerk in the case of a town. Additionally, if the real estate is located in a city with a population of more than 2,000,000, regardless of whether that city has complied with the publication requirement in this subsection (b), the party must, within 10 days after filing the complaint or counterclaim: (i) send by first class mail, postage prepaid, a copy of the notice of foreclosure to the alderman for the ward in which the real estate is located and (ii) file an affidavit with the court attesting to the fact that the notice was sent to the alderman for the ward in which the real estate is located. The failure to send a copy of the notice to the alderman or to file an affidavit as required results in the dismissal without prejudice of the complaint or counterclaim on a motion of a party or the court. If, after the complaint or counterclaim has been dismissed without prejudice, the party refiles the complaint or counterclaim, then the party must again comply with the requirements that the party send by first class mail, postage prepaid, the notice to the alderman for the ward in which the real estate is located and file an affidavit attesting to the fact that the notice was sent.
(Source: P.A. 96-856, eff. 3-1-10; 97-1164, eff. 6-1-13