(735 ILCS 5/13-119) (from Ch. 110, par. 13-119)
Sec. 13-119.
Claim index.
All claims filed in the office of the recorder as provided
in Section 13-118 of this Act shall be recorded and indexed in the manner
provided by law. In counties where the recorder is not
required to keep a tract index, he or she shall index such claims in an index
labelled "Claimant's Book". Such book shall be indexed under the name of
the person filing the claim and under the name of the person against
whom the claim is filed, if such person is named in the claim, followed
in each instance by the document number of such claim (or the book and
page wherein the same is recorded) and a description of the real estate
involved.
(Source: P.A. 83-358.)
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(735 ILCS 5/13-120) (from Ch. 110, par. 13-120)
Sec. 13-120.
Limitation on sections.
Sections 13-118 through 13-121 of this Act shall not be applied:
1. to bar any lessor or his or her successor as reversioner of his or
her right to possession on the expiration of any lease or any lessee or his or
her
successor of his or her rights in and to any lease; or
2. to bar or extinguish any interest created or held for any public
utility purpose; or
3. to bar or extinguish any easement or interest in the nature of
an easement, or any rights granted, reserved or excepted by any
instrument creating such easement or interest, the existence of which
such easement or interest either is apparent from or can be proved by
physical evidences of its use, whether or not such physical evidences of
its use are visible from the surface; or
4. to bar or extinguish any separate mineral estate or any rights,
immunities and interests appurtenant or relating thereto; or
5. to bar any interest of a mortgagee or interest in the nature of
that of a mortgagee where the due date of the mortgage is stated on the
face, or ascertainable from the written terms thereof and is not barred
by Section 13-116 of this Act.
6. to validate any encroachment on any street, highway or public
waters.
Nothing contained in Sections 13-118 through 13-121 of this Act shall be
construed to extend the period
for the beginning of any action or the doing of any other required act
under any statutes of limitation nor to affect the operation of any
statutes or case law governing the recording or the failure to record
any instruments affecting land.
No statement recorded or action filed pursuant to the provisions of Sections
13-118 through 13-121 of
this Act shall affect real estate registered under "An Act concerning
land titles" approved May 1, 1897, as amended; and real estate
heretofore or hereafter registered under "An Act concerning land titles"
shall be subject to the terms thereof and all subsequent amendments
thereto.
Sections 13-118 through 13-121 of this Act shall not be deemed to affect
any right, title or interest
of the United States unless the Congress shall assent to its operation
in that behalf.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-121) (from Ch. 110, par. 13-121)
Sec. 13-121.
Construction.
Sections 13-118 through 13-121 of this
Act shall be liberally construed to effect the legislative
purpose of simplifying and facilitating land title transactions by
allowing persons to rely on a record chain of title as described in
Section 13-118 of this Act, subject to such limitations as appear in Section
13-120 of this Act. The claims extinguished by Sections 13-118 through 13-121
of this Act include any and all
interests of any nature whatsoever, however denominated, whether vested
or contingent, whether present or future, whether such claims are
asserted by a person sui juris or under disability or might be asserted
by a person not yet in being, whether such person be within or without
the State, and whether such person be natural or corporate, or private
or governmental.
Except as otherwise provided in Sections 13-118 through 13-121 of this
Act, the rule that the State of
Illinois is not bound by acts of limitations shall not apply to Sections
13-118 through 13-121 of this
Act, and these Sections shall serve to bar any right, title, interest or lien
in land which the State of Illinois or any department, commission or
political subdivision thereof would otherwise have.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-122) (from Ch. 110, par. 13-122)
Sec. 13-122.
Posting of notice that right of access is by permission
and subject to control of owner. No use of any land by any person or by
the public generally, no matter how long continued, shall ever ripen into
an easement by prescription, or be deemed to be an implied dedication, or
be deemed to give rise to any other right, customary or otherwise, to be
on, or to engage in activities on, such land, if the owner of such property
for a continuous period posts at each entrance to the property or at intervals
of not more than 200 feet along the boundary a sign reading substantially
as follows: "Right of access by permission, and subject to control of owner".
If the entrances or boundaries of the property sought to be protected are
paved, the sign referred to in this Section may be embedded in the pavement,
provided that the inscription is legible and in letters at least as large
as 24 point type.
The procedure provided in this Section does not constitute the exclusive
method of preventing the use of land from creating an easement by prescription,
an implied dedication or any other right to be on or to engage in activities
on the land, but is in addition to any other methods now or hereafter provided
by law. This Section shall not be applied retroactively to events which
took place before October 1, 1975.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XIII Pt. 2 heading) Part 2.
Personal Actions
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(735 ILCS 5/13-201) (from Ch. 110, par. 13-201)
Sec. 13-201.
Defamation - Privacy.
Actions for slander, libel or for
publication of matter
violating the right of privacy, shall be commenced within one year next
after the cause of action accrued.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury
to the person, or for
false imprisonment, or malicious prosecution, or for a statutory
penalty, or for abduction, or for seduction, or for criminal
conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of
a Class X felony and the perpetrator thereof is convicted of such crime,
shall be commenced within 2 years next after the cause
of action accrued but such an action against a defendant arising from a
crime committed by the defendant in whose name an escrow account was established
under the "Criminal Victims' Escrow Account Act" shall be commenced within
2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the
2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.
(Source: P.A. 99-90, eff. 1-1-16.)
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(735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
Sec. 13-202.1. No limitations on certain actions - Duties of Department
of Corrections and State's Attorneys. (a) Notwithstanding any other provision
of law, any action for damages against a person, however the action may
be designated, may be brought at any time if --
(1) the action is based upon conduct of a person | ||
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(2) the person was convicted of the first degree | ||
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(b) The provisions of this Section are fully applicable to convictions
based upon defendant's accountability under Section 5-2 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(c) Paragraphs (a) and (b) above shall apply to any cause of action
regardless of the date on which the defendant's conduct is alleged to have
occurred or of the date of any conviction resulting therefrom. In
addition, this Section shall be applied retroactively and shall revive
causes of actions which otherwise may have been barred under limitations
provisions in effect prior to the enactment and/or effect of P.A. 84-1450.
(d) Whenever there is any settlement, verdict or judgment in excess
of $500 in any court against the Department of Corrections or any past or
present employee or official in favor of any person for damages incurred while
the person was committed to the Department of Corrections, the Department
within 14 days of the settlement, verdict or judgment shall notify the State's
Attorney of the county from which the person was committed to the Department.
The State's Attorney shall in turn within 14 days after receipt of the notice send the same notice to the
person or persons who were the victim or victims of the crime for which the
offender was committed, at their last known address, along with the information that the victim or victims
should contact a private attorney to advise them of their rights under the law. (e) Whenever there is any settlement, verdict or judgment in excess of $500 in any court against any county or county sheriff or any past or present employee or official in favor of any person for damages incurred while the person was incarcerated in any county jail, the county or county sheriff, within 14 days of the settlement, verdict or judgment shall notify the State's Attorney of the county from which the person was incarcerated in the county jail. The State's Attorney shall within 14 days of receipt of the notice send the same notice to the person or persons who were the victim or victims of the crime for which the offender was committed, at their last known address, along with the information that the victim or victims should contact a private attorney to advise them of their rights under the law.
(f) No civil action may be brought by anyone against the Department of
Corrections, a State's Attorney, a County, a county sheriff, or any past or present employee or
agent thereof for any alleged violation by any such entity or person of the
notification requirements imposed by paragraph (d) or (e).
(Source: P.A. 97-1150, eff. 1-25-13.)
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(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
Sec. 13-202.2. Childhood sexual abuse.
(a) In this Section:
"Childhood sexual abuse" means an act of sexual
abuse that occurs when the person abused is under 18 years of age.
"Sexual abuse" includes but is not limited to sexual conduct and sexual
penetration as defined in Section 11-0.1 of the Criminal Code of 2012.
(b) Notwithstanding any other provision of law, an action for damages
for personal injury based on childhood sexual
abuse must be commenced within 20 years of the date the limitation period
begins to run under subsection (d) or within 20 years of
the date the person abused
discovers or through the use of reasonable diligence should discover both
(i) that
the act of childhood sexual abuse occurred and (ii) that the injury was
caused
by the childhood sexual abuse.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the act of childhood sexual abuse occurred is
not, by itself, sufficient to start the discovery period under this subsection
(b). Knowledge of the abuse does not constitute discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(c) If the injury is caused by 2 or more acts of childhood sexual
abuse that are part of a continuing series of acts of childhood sexual
abuse by the same abuser, then the discovery period under subsection
(b) shall be computed from the date the person abused discovers or through
the use of reasonable diligence should discover both (i) that the last act
of
childhood sexual abuse in the continuing series occurred and (ii) that the
injury was caused by any act of childhood sexual abuse in the continuing
series.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the last act of childhood sexual abuse in the
continuing series occurred is not, by itself, sufficient to start the discovery
period under subsection (b). Knowledge of the abuse does not constitute
discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(d) The limitation periods under subsection (b) do not begin to run
before the person abused attains the age of 18 years; and, if at the time
the person abused attains the age of 18 years he or she is under other
legal disability, the limitation periods under subsection (b) do not begin
to run until the removal of the disability.
(d-1) The limitation periods in subsection (b) do not run during a time
period
when the person abused is subject to threats, intimidation,
manipulation, fraudulent concealment, or fraud perpetrated by the abuser or by any person acting in the
interest of the abuser.
(e) This Section applies to actions pending on the effective date of
this amendatory Act of 1990 as well as to actions commenced on or after
that date. The changes made by this amendatory Act of 1993 shall apply only
to actions commenced on or after the effective date of this amendatory Act of
1993.
The changes made by this amendatory Act of the 93rd General Assembly apply to
actions pending on the effective date
of this amendatory Act of the 93rd General
Assembly as well as actions commenced on or after that date. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 96th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 96th General Assembly.
(f) Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly.(Source: P.A. 101-435, eff. 8-20-19.)
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(735 ILCS 5/13-202.3) Sec. 13-202.3. For an action arising out of an injury caused by "sexual conduct" or "sexual penetration" as defined in Section 11-0.1 of the Criminal Code of 2012, the limitation period in Section 13-202 does not run during a time period when the person injured is subject to threats, intimidation, manipulation, or fraud perpetrated by the perpetrator or by a person the perpetrator knew or should have known was acting in the interest of the perpetrator. This Section applies to causes of action arising on or after the effective date of this amendatory Act of the 95th General Assembly or to causes of action for which the limitation period has not yet expired.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(735 ILCS 5/13-203) (from Ch. 110, par. 13-203)
Sec. 13-203.
Loss of consortium - Injury to person.
Actions for damages
for loss of consortium or other
actions, including actions for the medical expenses of minors or persons
under legal disability, deriving from injury to the person of another, except
damages
resulting from first degree murder or the commission of a Class X
felony, shall be commenced
within the same period of time as actions for damages for injury to such
other person.
Where the time in which the cause of action of the injured person whose
injuries give rise to the cause of action brought under this Section is
tolled or otherwise extended by any other Section of this Act, including
Sections 13-211, 13-212 and 13-215, the time in which the cause of action
must be brought under this Section is also tolled or extended to coincide
with the period of time in which the injured person must commence his or
her cause of action.
(Source: P.A. 88-22.)
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(735 ILCS 5/13-203.1) (from Ch. 110, par. 13-203.1)
Sec. 13-203.1.
Loss of means of support or parental
relationships. Actions
for damages for loss of means of support or loss of parental or in loco
parentis relationships sustained by a minor resulting from an injury described
in Section 13-214.1 may be commenced no later than 10 years
after the person
who inflicted such injury has completed his sentence therefor.
(Source: P.A. 84-1043.)
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(735 ILCS 5/13-204) (from Ch. 110, par. 13-204)
Sec. 13-204.
Contribution and indemnity.
(a) In instances where no underlying action seeking recovery for injury to
or death of a person or injury or damage to property has been filed by a
claimant, no action for contribution or indemnity may be commenced with respect
to any payment made to that claimant more than 2 years after the party seeking
contribution or indemnity has made the payment in discharge of his or her
liability to the claimant.
(b) In instances where an underlying action has been filed by a claimant, no
action for contribution or indemnity may be commenced more than 2 years after
the party seeking contribution or indemnity has been served with process in the
underlying action or more than 2 years from the time the party, or his or her
privy, knew or should reasonably have known of an act or omission giving rise
to the action for contribution or indemnity, whichever period expires later.
(c) The applicable limitations period contained in subsection (a) or (b)
shall apply to all actions for contribution or indemnity and shall preempt, as
to contribution and indemnity actions only, all other statutes of limitation or
repose, but only to the extent that the claimant in an underlying action could
have timely sued the party from whom contribution or
indemnity is sought at the time such claimant filed the underlying action, or
in instances where no underlying action has been filed, the payment in
discharge of the obligation of the party seeking contribution or indemnity is
made before any such underlying action would have been barred by lapse of
time.
(d) The provisions of this Section, as amended by Public Act 88-538, shall be applied
retroactively when substantively applicable, including all pending actions
without regard to when the cause of action accrued; provided,
however, that this amendatory Act of 1994 shall not operate to affect statutory
limitations or repose rights of any party which have fully vested prior to its
effective date.
(e) The provisions of this Section shall not apply to any action for
damages in which contribution or indemnification is sought from a party who is
alleged to have been negligent and whose negligence has been alleged to have
resulted in injuries or death by reason of medical or other healing art
malpractice.
(Source: P.A. 88-538; 89-626, eff. 8-9-96.)
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(735 ILCS 5/13-205) (from Ch. 110, par. 13-205)
Sec. 13-205.
Five year limitation.
Except as provided in Section 2-725
of the "Uniform
Commercial Code", approved July 31, 1961, as amended, and Section 11-13
of "The Illinois Public Aid Code", approved April 11, 1967, as amended,
actions on unwritten contracts, expressed or implied, or on awards of
arbitration, or to recover damages for an injury done to property, real
or personal, or to recover the possession of personal property or
damages for the detention or conversion thereof, and all civil actions
not otherwise provided for, shall be commenced within 5 years next after
the cause of action accrued.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
Sec. 13-206. Ten year limitation. Except as provided in Section 2-725
of the "Uniform
Commercial Code", actions on bonds, promissory notes, bills of exchange,
written leases,
written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall
be commenced within 10 years next after the cause of action accrued; but
if any payment or new promise to pay has been made, in writing,
on any bond, note, bill, lease, contract, or other written evidence of
indebtedness, within or after the period of 10 years, then an action may
be commenced thereon at any time within 10 years after the time of such
payment or promise to pay.
For purposes of this Section, with regard to promissory notes dated on or
after the effective date of this amendatory Act of 1997, a cause of action on a
promissory note payable at a definite date accrues on the due date or date
stated in the promissory note or the date upon which the promissory note is
accelerated. With respect to a demand promissory note dated on or after the
effective date of this amendatory Act of 1997, if a demand for payment is made
to
the maker of the demand promissory note, an action to enforce the obligation of
a party to pay the
demand promissory note must be commenced within 10 years after the demand. An
action to enforce a demand
promissory note is barred if neither principal nor interest on the demand
promissory note has been paid for a continuous period of 10 years and no demand
for payment has been made to the maker during that period.
(Source: P.A. 95-209, eff. 8-16-07.)
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(735 ILCS 5/13-207) (from Ch. 110, par. 13-207)
Sec. 13-207. Counterclaim or set-off. A defendant may plead
a set-off or counterclaim barred by
the statute of limitation or the statute of repose, while held and owned by him or her, to any action,
the cause of which was owned by the plaintiff or person under whom he
or she claims, before such set-off or counterclaim was so barred, and not
otherwise. This section shall not affect the right of a bona
fide assignee of a negotiable instrument assigned before due. The changes made to this Section by this amendatory Act of the 102nd General Assembly apply to claims initiated on or after the effective date of this amendatory Act of the 102nd General Assembly and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period.
(Source: P.A. 102-908, eff. 5-27-22.)
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(735 ILCS 5/13-208) (from Ch. 110, par. 13-208)
Sec. 13-208.
Absence from State.
(a) If, when the cause of action accrues
against a person, he or she is out of
the state, the action may be commenced within the times herein limited,
after his or her coming into or return to the state; and if, after the cause of
action accrues, he or she departs from and resides out of the state, the time
of his or her absence is no part of the time limited for the commencement of
the action.
(b) For purposes of subsection (a) of this
Section no person shall be considered to be out of the State or to have
departed from the State or to reside outside of the State during any
period when he or she is subject to the jurisdiction of the courts of this
State with respect to that cause of action pursuant to Sections 2-208 and
2-209 of this Act, Section 10-301 of "The Illinois Vehicle
Code", Section 5.25 of the "Business Corporation Act of 1983", or any other
statute authorizing service of process which would subject that person
to the jurisdiction of the courts of this State. If a person files an
action in a court of this State and attempts to secure service of
process upon a defendant pursuant to a statute referred to in the
preceding sentence, but does not obtain service of process upon such
defendant, such defendant shall not be considered to be subject to the
jurisdiction of the courts of this State at the time such action was
filed, for purposes of the preceding sentence of this section.
This subsection (b) of Section 13-208 of this Act shall
apply only to actions commenced after October 1, 1973.
(Source: P.A. 83-1362.)
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(735 ILCS 5/13-209) (from Ch. 110, par. 13-209)
Sec. 13-209.
Death of party.
(a) If a person entitled to bring an
action dies before the
expiration of the time limited for the commencement thereof, and the
cause of action survives:
(1) an action may be commenced by his or her | ||
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(2) if no petition for letters of office for the | ||
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(b) If a person against whom an
action may be brought dies before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred:
(1) an action may be commenced against his or her | ||
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(2) if no petition has been filed for letters of | ||
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(c) If a party commences an action against a deceased person whose
death is unknown to the party before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred, the action may be commenced against the deceased person's
personal representative if all of the following terms and conditions are met:
(1) After learning of the death, the party proceeds | ||
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(2) The party proceeds with reasonable diligence to | ||
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(3) If process is served more than 6 months after the | ||
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(4) In no event can a party commence an action under | ||
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(Source: P.A. 90-111, eff. 7-14-97.)
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(735 ILCS 5/13-210) (from Ch. 110, par. 13-210)
Sec. 13-210.
Foreign limitation.
When a cause of action has arisen in a
state or territory
out of this State, or in a foreign country, and, by the laws thereof, an
action thereon cannot be maintained by reason of the lapse of time, an
action thereon shall not be maintained in this State.
(Source: P.A. 83-707.)
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(735 ILCS 5/13-211) (from Ch. 110, par. 13-211)
Sec. 13-211. Minors and persons under legal disability. (a) If the person
entitled to bring an action, specified in Sections 13-201 through 13-210
of this Code, at the time the cause of action accrued, is under the age of
18 years or is under a legal disability, then he or she may bring the
action within 2 years after the person attains the age of 18 years, or the
disability is removed. (b) If the person
entitled to bring an action specified under Sections 13-201 through 13-210
of this Code is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (b) does not invalidate any statute of repose provisions contained in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
this Code. In no event shall the period of limitations for a
cause of action under Section 13-205 or 13-206 of this Code be
stayed in excess of 10 years from the date of the adjudication
of legal disability. This subsection (b) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1077, eff. 1-1-15.)
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(735 ILCS 5/13-212) (from Ch. 110, par. 13-212)
Sec. 13-212. Physician or hospital.
(a) Except as provided in Section
13-215 or 13-215.1 of this Act, no action for damages for injury or death against any
physician, dentist, registered nurse or hospital duly licensed under
the laws of this State, whether based upon tort, or breach of contract, or
otherwise, arising out of patient care shall be brought more than 2 years
after the date on which the claimant knew, or through the use of reasonable
diligence should have known, or received notice in writing of the existence
of the injury or death for which damages are sought in the action,
whichever of such date occurs first, but in no event shall such action be
brought more than 4 years after the date on which occurred the act or
omission or occurrence alleged in such action to have been the cause of
such injury or death.
(b) Except as provided in Section 13-215 or 13-215.1 of this Act, no action for
damages for injury or death against any physician, dentist, registered
nurse or hospital duly licensed under the laws of this State, whether based
upon tort, or breach of contract, or otherwise, arising out of patient care
shall be brought more than 8 years after the date on which
occurred the act or omission or occurrence alleged in such action to have
been the cause of such injury or death where the person entitled to bring
the action was, at the time the cause of action accrued, under the age of
18 years; provided, however, that in no event may the cause of action be
brought after the person's 22nd birthday. If the person was under the age
of 18 years when the cause of action accrued and, as a result of this
amendatory Act of 1987, the action is either barred or there remains less
than 3 years to bring such action, then he or she may bring the action
within 3 years of July 20, 1987.
(c) If the person entitled to bring an action
described in this Section is, at the time the cause
of action accrued, under a legal disability other than being under
the age of 18 years, then the period of limitations does
not begin to run until the disability is removed. (d) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (d) does not invalidate any statute of repose provisions contained in this Section. This subsection (d) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 103-478, eff. 1-1-24.)
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(735 ILCS 5/13-213) (from Ch. 110, par. 13-213)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability; statute of repose.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
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(2) "Product" means any tangible object or goods | ||
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(3) "Product liability action" means any action based | ||
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(4) "Seller" means one who, in the course of a | ||
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on any theory or doctrine shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on any theory or doctrine to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
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(2) the action commenced within the applicable | ||
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(3) when the injury or damage is claimed to have | ||
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on any theory or
doctrine to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(h) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
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(2) "Product" means any tangible object or goods | ||
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(3) "Product liability action" means any action based | ||
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(4) "Seller" means one who, in the course of a | ||
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on the doctrine of strict
liability in tort shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on the doctrine of strict
liability in tort to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
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(2) the action commenced within the applicable | ||
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(3) when the injury or damage is claimed to have | ||
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on the
doctrine of
strict liability in tort to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(Source: P.A. 85-907; 86-1329.)
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(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
Sec. 13-214. Construction; design management and supervision. As used
in this Section, "person" means any individual, any business or legal entity,
or any body politic.
(a) Actions based upon tort, contract or otherwise against any person
for an act or omission of such person in the design, planning, supervision,
observation or management of construction, or construction of an
improvement to real property shall be commenced within 4 years from the
time the person bringing an action, or his or her privity, knew or should
reasonably have known of such act or omission. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be brought against
any person for an act or omission of such person in the design, planning,
supervision, observation or management of construction, or construction
of an improvement to real property after 10 years have elapsed from the
time of such act or omission. However, any person who discovers such act or
omission prior to expiration of 10 years from the time of such act or
omission shall in no event have less than 4 years to bring an action as
provided in subsection (a) of this Section. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could not have
brought such action within the limitation periods herein solely because
such person was under the age of 18 years, or a person with a developmental
disability or a person with mental illness, then the limitation periods herein
shall not begin to run until the person attains the age of 18 years, or the
disability is removed.
(d) Subsection (b) shall not prohibit any action against a defendant who
has expressly warranted or promised the improvement to real property for
a longer period from being brought within that period.
(e) The limitations of this Section shall not apply to causes of action
arising out of fraudulent misrepresentations or to fraudulent concealment
of causes of action.
(f) Subsection (b) does not apply to an action that is based on personal
injury, disability, disease, or death resulting from the discharge into the
environment of asbestos.
(Source: P.A. 100-201, eff. 8-18-17.)
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(735 ILCS 5/13-214.1) (from Ch. 110, par. 13-214.1)
Sec. 13-214.1. Action for damages involving criminal
acts. (a) Actions for damages for an injury described in Section 13-202
or Section 13-203 arising out of first degree murder or the commission of
a Class X felony
by the person against whom the action is brought may be commenced no later
than 10 years after the person who inflicted such injury has completed his
or her sentence therefor.
(b) For an action for damages arising out of: theft of property exceeding $100,000 in value under Section 16-1 of the Criminal Code of 2012; identity theft under subsection (a) of Section 16-30 of the Criminal Code of 2012; aggravated identity theft under subsection (b) of Section 16-30 of the Criminal Code of 2012; financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 2012; or any offense set forth in Article 16H or Section 17-10.6 of the Criminal Code of 2012, the action may be commenced within 10 years of the last act committed in furtherance of the crime. However, if any other provision of law provides for a longer limitation period, then the longer limitation period applies.(Source: P.A. 101-136, eff. 7-26-19.)
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(735 ILCS 5/13-214.2) (from Ch. 110, par. 13-214.2)
Sec. 13-214.2.
(a) Actions based upon tort, contract or otherwise
against any person, partnership or corporation registered pursuant to the
Illinois Public Accounting Act, as amended, or any of its employees,
partners, members, officers or shareholders, for an act or omission in the
performance of professional services shall be commenced within 2 years from
the time the person bringing an action knew or should reasonably have known
of such act or omission.
(b) In no event shall such action be brought more than 5 years after the
date on which occurred the act or omission alleged in such action to have
been the cause of the injury to the person bringing such action against a
public accountant. Provided, however, that in the event that an income tax
assessment is made or criminal prosecution is brought against a person,
that person may bring an action against the public accountant who prepared
the tax return within two years from the date of the assessment or
conclusion of the prosecution.
(c) If a person entitled to bring the action is, at the time the cause
of action accrues, under the age of 18, or under a legal disability,
the period of limitations shall not begin to run until the disability
is removed.
(d) This Section shall apply to all causes of action which accrue on or
after its effective date.
(Source: P.A. 85-655; 86-1329.)
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(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
Sec. 13-214.3. Attorneys.
(a) In this Section: "attorney" includes (i) an individual attorney,
together with his or her employees who are attorneys, (ii) a professional
partnership of attorneys, together with its employees, partners, and
members who are attorneys, and (iii) a professional service corporation of
attorneys, together with its employees, officers, and shareholders who are
attorneys; and "non-attorney employee" means a person who is not an
attorney but is employed by an attorney.
(b) An action for damages based on tort, contract, or otherwise (i)
against an attorney arising out of an act or omission in the performance of
professional services or (ii) against a non-attorney employee arising out
of an act or omission in the course of his or her employment by an attorney
to assist the attorney in performing professional services
must be commenced within 2 years from
the time the person bringing the action knew or reasonably should have
known of the injury for which damages are sought.
(c) Except as provided in subsection (d), an action described in
subsection (b) may not be commenced in any event more than 6 years after
the date on which the act or omission occurred.
(d) When the injury caused by the act or omission does not
occur until
the death of the person for whom the professional services were rendered,
the action may be commenced within 2 years after the date of the person's
death unless letters of office are issued or the person's will is admitted
to probate within that 2 year period, in which case the action must be
commenced within the time for filing claims against the estate or a
petition contesting the validity of the will of the deceased person,
whichever is later, as provided in the Probate Act of 1975. An action may not be commenced in any event more than 6 years after the date the professional services were performed.
(e) If the person entitled to bring the action is under the age of
majority or under other legal disability at the time the cause of action
accrues, the period of limitations shall not begin to run until majority is
attained or the disability is removed. (f) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (f) does not invalidate any statute of repose provisions contained in this Section. This subsection (f) applies to actions commenced or pending on or after January 1, 2015 (the effective date of Public Act 98-1077).
(g) This Section applies to any cause of action, regardless of the date the cause of action arises. This Section, however, does not bar the filing of an action based on the performance of professional services before the effective date of this amendatory Act of the 102nd General Assembly if the action is timely filed under the version of this Section in effect on January 1, 2021, and is filed within a reasonable period, not to exceed 6 years, after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-377, eff. 1-1-22.)
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(735 ILCS 5/13-214.4)
Sec. 13-214.4.
Actions against insurance producers, limited insurance
representatives, and registered firms. All causes of action brought by any
person or entity under any statute or any legal or equitable theory against an
insurance producer, registered firm, or limited insurance representative
concerning the sale, placement, procurement, renewal, cancellation of, or
failure to procure any policy of insurance shall be brought within 2 years of
the date the cause of action accrues.
(Source: P.A. 89-152, eff. 1-1-96.)
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(735 ILCS 5/13-215) (from Ch. 110, par. 13-215)
Sec. 13-215.
Fraudulent concealment.
If a person liable to an action
fraudulently conceals the
cause of such action from the knowledge of the person entitled thereto,
the action may be commenced at any time within 5 years after the
person entitled to bring the same discovers that he or she has such cause of
action, and not afterwards.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-215.1) Sec. 13-215.1. Fertility fraud limitation. Notwithstanding any other provision of the law, an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years, if brought under Section 15 of the Illinois Fertility Fraud Act, or 8 years, if brought under Section 20 of the Illinois Fertility Fraud Act, after: (1) the procedure was performed; (2) the 18th birthday of the child; (3) the person first discovers evidence sufficient to | ||
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(4) the person first becomes aware of the existence | ||
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(5) the defendant confesses to the offense.(Source: P.A. 103-478, eff. 1-1-24.) |
(735 ILCS 5/13-216) (from Ch. 110, par. 13-216)
Sec. 13-216.
Stay of action.
When the commencement of an action is stayed
by injunction,
order of a court, or statutory prohibition, the time of the
continuance of the injunction or prohibition is not part of the time
limited for the commencement of the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-217) (from Ch. 110, par. 13-217)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue. No action which is voluntarily dismissed by the plaintiff or
dismissed for want of prosecution by the court may be filed where the time for
commencing the action has expired.
This amendatory Act of 1995 applies to causes of action accruing on or
after
its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is voluntarily dismissed by the plaintiff, or the action is dismissed
for want of prosecution, or the action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or after the action is voluntarily dismissed by the
plaintiff, or the action is dismissed for want of prosecution, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue.
(Source: P.A. 87-1252.)
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(735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
Sec. 13-218. Revival of judgment. A petition to revive a judgment, as provided by Section 2-1601 of this Code, may be
filed no later than 20 years next
after the date of entry of such judgment. The provisions of this amendatory Act of the 96th General Assembly are declarative of existing law.
(Source: P.A. 96-305, eff. 8-11-09.)
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(735 ILCS 5/13-219) (from Ch. 110, par. 13-219)
Sec. 13-219.
Railroads and carriers.
(a) All actions by railroads, motor
carriers, common
carriers by water, common carriers by air, the Railway Express Agency or
freight forwarders for the recovery of their charges, or any part
thereof, for the transportation of property moving wholly within the
State of Illinois shall be filed within 3 years from the time the cause
of action accrues, and not after.
(b) All actions against railroads, motor carriers, common carriers
by water, common carriers by air, the Railway Express Agency or freight
forwarders for the recovery of any part of transportation charges paid
to such carrier for the transportation of property moving wholly within
the State of Illinois shall be filed within 3 years from the time the
cause of action accrues, and not after.
(c) If on or before the expiration of the 3 year period of
limitation in subsection (b) a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency or a freight
forwarder files an action under subsection (a) for recovery of charges in
respect of the same transportation service, or, without filing an
action, collects charges in respect of that service, the period of
limitation shall be extended to include 90 days from the time such
action is filed or such charges are collected.
(d) The cause of action in respect of a shipment of property shall,
for the purposes of this section, be deemed to accrue upon delivery or
tender of delivery thereof by a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency, or a
freight forwarder, and not after.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-220) (from Ch. 110, par. 13-220)
Sec. 13-220.
Fraud by decedents.
Actions under Sections 10 to 14, both
inclusive, of
"An Act to revise
the law in relation to frauds and perjuries", approved February 16,
1874, as amended, shall be commenced within 2 years after the
death of the person
who makes a fraudulent legacy as provided in that Act, or who dies
intestate and leaves real estate to his or her heirs to descend according to
the laws of this State, unless letters of office
are applied for on his or her estate within 2 years after his or
her death and the representative has complied with the provisions of
Section 18-3 of the Probate Act of 1975, as amended, in regard to the
giving of notice to creditors, in which
case the action shall be commenced within and not after the time for
presenting claims against estates of deceased persons as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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(735 ILCS 5/13-221) (from Ch. 110, par. 13-221)
Sec. 13-221.
Contract to make will.
An action against
the representative,
heirs
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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(735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
Sec. 13-222.
Action against land surveyor.
(a) Registered land surveyor. No action may be brought against
a registered land surveyor to recover damages for negligence, errors or
omissions in the making of any survey nor for contribution or indemnity
related to such negligence, errors or omissions more than 4 years after the
person claiming such damages actually knows or should have known of such
negligence, errors or omissions. This Section applies to surveys completed
after July 26, 1967. This subsection (a) applies only to causes of action
accruing before the effective date of this amendatory Act of the 92nd General
Assembly.
(b) Professional land surveyor. No action may be brought against a
professional land surveyor to recover damages for negligence, errors,
omissions, torts, breaches of contract, or otherwise in the making of any
survey, nor contribution or indemnity, more than 4 years after the person
claiming the damages actually knows or should have known of the negligence,
errors, omissions, torts, breaches of contract, or other action.
In no event may such an action be brought if 10 years have elapsed from the
time of the act or omission. Any person who discovers the act or
omission before expiration of the 10-year period, however, may in no event have
less
than 4 years to bring an action. Contract actions against a surety on a
payment or performance bond must be commenced within the same time limitation
applicable to the bond principal.
If the person entitled to bring the action is under the age of 18 or under
a legal disability, the period of limitation does not begin to run until the
person reaches 18 years of age or the disability is removed.
This subsection (b) applies to causes of action accruing on or after the
effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-265, eff. 1-1-02.)
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(735 ILCS 5/13-223) (from Ch. 110, par. 13-223)
Sec. 13-223.
Inter vivos trusts.
An action to set aside or contest the
validity of a revocable inter
vivos trust agreement or declaration of trust to which a
legacy is provided by the settlor's will which is admitted to probate,
shall be commenced within and not after the time to contest the validity
of a will as provided in the Probate Act of 1975 as amended.
(Source: P.A. 83-707.)
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(735 ILCS 5/13-224) (from Ch. 110, par. 13-224)
Sec. 13-224.
Recovery in Tax Actions.
In any action against the State
to recover taxes imposed pursuant to Section 2 of the Messages Tax Act,
Section 2 of the Gas Revenue Tax Act, Section 2 of the Public Utilities
Revenue Act or Section 2-202 of The Public Utilities Act,
that were illegally or unconstitutionally collected, or in any action
against a municipality to recover taxes imposed pursuant to Section 8-11-2
of the Illinois Municipal Code that were illegally or unconstitutionally
collected or in any action against a taxpayer to recover charges imposed
pursuant to Sections 9-201 or 9-202 of The Public Utilities Act that
were illegally or
unconstitutionally collected, the prevailing party shall not be entitled to
recover an amount exceeding such taxes or charges paid, plus interest,
where applicable, during a period beginning 3 years prior to the date of
filing an administrative claim as authorized by statute or ordinance or
court complaint, whichever occurs earlier. This provision shall be
applicable to all actions filed on or after September 21, 1985.
(Source: P.A. 85-1209.)
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(735 ILCS 5/13-225) Sec. 13-225. Trafficking victims protection. (a) In this Section, "human trafficking", "involuntary servitude", "sex trade", and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Trafficking Victims Protection Act. (b) Subject to both subsections (e) and (f) and notwithstanding any other provision of law, an action under the Trafficking Victims Protection Act must be commenced within 25 years of the date the limitation period begins to run under subsection (d) or within 25 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (i) that the sex trade, involuntary servitude, or human trafficking act occurred, and (ii) that the defendant caused, was responsible for, or profited from the sex trade, involuntary servitude, or human trafficking act. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade, involuntary servitude, or human trafficking act occurred is not, by itself, sufficient to start the discovery period under this subsection (b). (c) If the injury is caused by 2 or more acts that are part of a continuing series of sex trade, involuntary servitude, or human trafficking acts by the same defendant, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover (i) that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred, and (ii) that the defendant caused, was responsible for, or profited from the series of sex trade, involuntary servitude, or human trafficking acts. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). (d) The limitation periods in subsection (b) do not begin to run before the plaintiff attains the age of 18 years; and, if at the time the plaintiff attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability. (e) The limitation periods in subsection (b) do not run during a time period when the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant. (f) The limitation periods in subsection (b) do not commence running until the expiration of all limitations periods applicable to the criminal prosecution of the plaintiff for any acts which form the basis of a cause of action under the Trafficking Victims Protection Act.
(Source: P.A. 100-939, eff. 1-1-19; 101-18, eff. 1-1-20.) |
(735 ILCS 5/13-226) Sec. 13-226. Opioid litigation. (a) Definitions. In this Section: "National multistate opioid settlement" means any agreement (i) to which the State and at least two other states are parties and (ii) in which the State agrees to release claims that it has brought or could have brought in an action against an opioid defendant or has the claims released in a final order entered by a court. "National multistate opioid settlement" includes (i) any form of resolution reached in a bankruptcy proceeding, provided that the Attorney General both agrees to the specific terms of such resolution or agreement in a bankruptcy proceeding and announces his or her agreement in the record of such bankruptcy proceeding, or (ii) a final order entered by the bankruptcy court. "Opioid defendant" means (i) a defendant in opioid litigation brought by the Attorney General, or (ii) a person or entity engaged in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation, alleging unlawful conduct in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Unit of local government" has the meaning provided in Article VII, Section 1 of the Illinois Constitution of 1970. (b) Release of claims. (1) On and after the effective date of this | ||
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(2) If counties representing 60% of the population of | ||
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(c) Nothing in this Section affects the Attorney General's authority to appear, intervene, or control litigation brought in the name of the State of Illinois or on behalf of the People of the State of Illinois. (d) When an intrastate allocation agreement between counties representing 60% of the population of the State, including all counties with a population of at least 250,000, and the Attorney General is reached, becoming a party to or filing opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement are exclusive powers and functions of the State and a home rule unit may not file or become a party to opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement unless approved by the Attorney General. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-85, eff. 7-9-21.) |
(735 ILCS 5/13-227) Sec. 13-227. Collection of debt arising from a municipal violation. An action to collect a debt arising from a violation of a municipal ordinance may not be filed more than 7 years after the date of adjudication.
(Source: P.A. 102-192, eff. 7-30-21.) |
(735 ILCS 5/Art. XIV heading) ARTICLE XIV
MANDAMUS
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(735 ILCS 5/14-101) (from Ch. 110, par. 14-101)
Sec. 14-101.
Action commenced by plaintiff.
In all proceedings commenced
under Article XIV of this Act the name of the person seeking the relief afforded by
this Article shall be set out as plaintiff without the use of the phrase
"People ex rel." or "People on the relation of".
(Source: P.A. 83-707.)
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(735 ILCS 5/14-102) (from Ch. 110, par. 14-102)
Sec. 14-102.
Summons to issue.
Upon the filing of a complaint
for mandamus the clerk of the court shall issue a summons, in like form,
as near as may be as summons in other civil cases.
The summons shall be
made returnable within a time designated by the plaintiff not less than 5 nor
more than 30 days after the service of the summons.
(Source: P.A. 83-357.)
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(735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
Sec. 14-103.
Defendant to plead.
Every defendant who is served with summons
shall answer or otherwise plead on or before the return day of the
summons, unless the time for doing so is extended by the court. If the
defendant defaults, judgment by default may be entered by the court. No
matters not germane to the distinctive purpose of the proceeding shall be
introduced by joinder, counterclaim or otherwise.
(Source: P.A. 90-655, eff. 7-30-98.)
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(735 ILCS 5/14-104) (from Ch. 110, par. 14-104)
Sec. 14-104.
Reply by plaintiff.
The plaintiff may reply or otherwise
plead to the answer,
within 5 days after the last day allowed
for the filing of the answer, unless the time for doing so is extended and
further pleadings may be had as in
other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-105) (from Ch. 110, par. 14-105)
Sec. 14-105.
Judgment - Costs.
If judgment is entered in favor of
the plaintiff, the plaintiff shall recover
damages and costs.
If judgment is entered in favor of the defendant, the defendant shall recover costs.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-106) (from Ch. 110, par. 14-106)
Sec. 14-106.
False return.
If damages are recovered against the defendant,
the defendant shall not
be liable to be sued in any other action or proceeding for making a false
return.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-107) (from Ch. 110, par. 14-107)
Sec. 14-107.
Successor in office.
The death, resignation or removal from
office, by lapse of
time or otherwise, of any defendant, shall not have the effect to abate
the proceeding, and upon a proper showing, the officer's successor may be
made a party thereto, and any relief
may be directed against the successor officer.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-108) (from Ch. 110, par. 14-108)
Sec. 14-108.
Other remedy - Amendments.
The proceedings for mandamus shall not be
dismissed nor the relief denied because the plaintiff may have another
judicial remedy, even where such other remedy will afford proper and
sufficient relief; and amendments may be allowed as in other civil
cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-109) (from Ch. 110, par. 14-109)
Sec. 14-109.
Seeking wrong remedy not fatal.
Where relief is sought under Article XIV of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XV heading) ARTICLE XV
MORTGAGE FORECLOSURE
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(735 ILCS 5/Art. XV Pt. 11 heading) Part 11.
General Provisions
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(735 ILCS 5/15-1101) (from Ch. 110, par. 15-1101)
Sec. 15-1101.
Title.
This Article shall be known, and may be cited,
as the Illinois Mortgage Foreclosure Law.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1102) (from Ch. 110, par. 15-1102)
Sec. 15-1102.
Enforcement.
The Court has full power to enforce any order
entered pursuant to this Article by contempt process or by such other order
as may be appropriate.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1103) (from Ch. 110, par. 15-1103)
Sec. 15-1103.
Jurisdiction.
The authority of the
court continues during
the entire pendency of the foreclosure and until disposition of all
matters
arising out of the foreclosure.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1104) (from Ch. 110, par. 15-1104)
Sec. 15-1104.
Wrongful Inducement of Abandonment.
Any person who willfully
misrepresents to the Court any fact resulting in a finding of abandonment
of mortgaged real estate in connection with subsection (b) of Section 15-1603 or
subsection (d) of Section 15-1706 of this Article or who threatens to injure the person or
property of occupants of mortgaged real estate, or who knowingly gives such
occupants false and misleading information, or who harasses or intimidates
such occupants, with the intent of inducing such occupants to abandon the
mortgaged premises, in order to obtain a finding of abandonment under
subsection (b) of Section 15-1603 or subsection (d) of Section 15-1706 of
this Article, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1105) (from Ch. 110, par. 15-1105)
Sec. 15-1105.
Interpretation.
(a) "May." The word "may" as used in this
Article means permissive and not mandatory.
(b) "Shall." The word "shall" as used in this Article means mandatory
and not permissive.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1106) (from Ch. 110, par. 15-1106)
Sec. 15-1106. Applicability of Article. (a) Exclusive Procedure. From and after July 1, 1987 (the
effective date of Public Act 84-1462), the following shall be
foreclosed in a foreclosure pursuant to this Article:
(1) any mortgage created prior to, on or after July | ||
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(2) any real estate installment contract for | ||
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(3) any collateral assignment of beneficial interest | ||
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(b) Uniform Commercial Code. A secured party, as defined in Article
9 of the Uniform Commercial Code, may at its election enforce its security interest in a
foreclosure under this Article if its security interest was created on or after July 1, 1987 (the effective date of Public Act 84-1462) and is created by (i) a collateral
assignment of beneficial interest in a land trust or (ii) an assignment for
security of a buyer's interest in a real estate installment contract. Such
election shall be made by filing a complaint stating that it is brought
under this Article, in which event the provisions of this Article shall be
exclusive in such foreclosure.
(c) Real Estate Installment Contracts. A contract seller may at its
election enforce in a foreclosure under this Article any real estate
installment contract entered into on or after July 1, 1987 (the effective date of Public Act 84-1462)
and not required to be foreclosed under this Article. Such election shall
be made by filing a complaint stating that it is brought under this
Article, in which event the provisions of this Article shall be exclusive
in such foreclosure. A contract seller must enforce its contract under
this Article if the real estate installment contract is one described in
paragraph (2) of subsection (a) of this Section.
(d) Effect of Election. An election made pursuant to subsection (b) or
(c) of this Section shall be binding only in the foreclosure and shall be
void if
the foreclosure is terminated prior to entry of judgment.
(e) Supplementary General Principles of Law. General principles of law
and equity, such as those relating to capacity to contract, principal and
agent, marshalling of assets, priority, subrogation, estoppel, fraud,
misrepresentations, duress, collusion, mistake, bankruptcy or other
validating or invalidating cause, supplement this Article unless displaced
by a particular provision of it.
Section 9-110 of this Code shall not be applicable to
any real estate installment contract which is foreclosed under this Article.
(f) Pending Actions. A complaint to foreclose a mortgage filed before
July 1, 1987, and all proceedings and third party actions in connection
therewith, shall be adjudicated pursuant to the Illinois statutes and
applicable law in effect immediately prior to July 1, 1987. Such statutes
shall remain in effect with respect to such complaint, proceedings and
third party actions notwithstanding the amendment or repeal of such
statutes on or after July 1, 1987. (g) The changes made to this Section by this amendatory Act of the 100th General Assembly apply to real estate installment contracts for residential real estate executed on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-416, eff. 1-1-18.)
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(735 ILCS 5/15-1107) (from Ch. 110, par. 15-1107)
Sec. 15-1107. Mode of Procedure. (a) Other Statutes.
Except as otherwise provided in this Article, the mode of procedure,
including the manner of service of pleadings and other papers and service
by publication, shall be in
accordance with the provisions of Article II of the Illinois Code of Civil
Procedure and any other statutes of this State which are from time to
time applicable, and with Illinois Supreme Court Rules applicable to
actions generally or otherwise applicable. If a mortgage lien is being
foreclosed under this Article and one or more non-mortgage liens or
encumbrances is being foreclosed or enforced in the same proceedings, then,
regardless of the respective priorities of the various liens or
encumbrances, the procedures and all other provisions of this Article
shall govern such proceedings, and any inconsistent statutory provisions
shall not be applicable. Without limiting the foregoing, any provision
of Article XII or
any other Article of the
Code of Civil Procedure shall apply unless inconsistent with this
Article and, in case of such inconsistency, shall not
be applicable to actions under this Article.
(b) Mechanics' Liens. Mechanics' liens shall be enforced as provided in
the Mechanics
Lien Act; provided, however,
that any mechanics' lien
claimant may assert such lien in a foreclosure under this Article, may
intervene in such foreclosure in accordance with this Article and may be
made a party in such foreclosure.
(c) Instruments Deemed a Mortgage. For the purpose of proceeding under
this Article, any instrument described in paragraph (2) or (3) of
subsection (a) of Section 15-1106, or in subsection (b) or (c) of Section
15-1106 which is foreclosed under this Article shall be deemed a mortgage.
For such purpose, the real estate installment contract purchaser, the
assignor of the beneficial interest in the land trust and the debtor, as
appropriate, shall be deemed the
mortgagor, and the real estate installment contract seller, the assignee of
the beneficial interest in the land trust and the secured party, as
appropriate, shall be deemed the mortgagee.
(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/15-1108) Sec. 15-1108. Declaration of policy relating to abandoned residential property. The following findings directly relate to the changes made by this amendatory Act of the 97th General Assembly. The General Assembly finds that residential mortgage foreclosures and the abandoned properties that sometimes follow create enormous challenges for Illinois residents, local governments, and the courts, reducing neighboring property values, reducing the tax base, increasing crime, placing neighbors at greater risk of foreclosure, imposing additional costs on local governments, and increasing the burden on the courts of this State; conversely, maintaining and securing abandoned properties stabilizes property values and the tax base, decreases crime, reduces the risk of foreclosure for nearby properties, thus reducing costs for local governments and making a substantial contribution to the operation and maintenance of the courts of this State by reducing the volume of matters which burden the court system in this State. The General Assembly further finds that the average foreclosure case for residential property takes close to 2 years in Illinois; when a property is abandoned, the lengthy foreclosure process harms lien-holders, neighbors, and local governments, and imposes significant and unnecessary burdens on the courts of this State; and an expedited foreclosure process for abandoned residential property can also help the courts of this State by decreasing the volume of foreclosure cases and allowing these cases to proceed more efficiently through the court system. The General Assembly further finds that housing counseling has proven to be an effective way to help many homeowners find alternatives to foreclosure; and that housing counseling therefore also reduces the volume of matters which burden the court system in this State and allows the courts to more efficiently handle the burden of foreclosure cases.
(Source: P.A. 97-1164, eff. 6-1-13.) |
(735 ILCS 5/Art. XV Pt. 12 heading) Part 12.
Definitions
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(735 ILCS 5/15-1200.5) Sec. 15-1200.5. Abandoned residential property. "Abandoned residential property" means residential real estate that: (a) either: (1) is not occupied by any mortgagor or lawful | ||
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(2) contains an incomplete structure if the real | ||
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(b) with respect to which either: (1) two or more of the following conditions are shown | ||
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(A) construction was initiated on the property | ||
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(B) multiple windows on the property are boarded | ||
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(C) doors on the property are smashed through, | ||
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(D) the property has been stripped of copper or | ||
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(E) gas, electrical, or water services to the | ||
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(F) there exist one or more written statements of | ||
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(G) law enforcement officials have received at | ||
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(H) the property has been declared unfit for | ||
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(I) the local police, fire, or code enforcement | ||
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(J) the property is open and unprotected and in | ||
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(K) there exists other evidence indicating a | ||
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(2) the real estate is zoned for residential | ||
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(Source: P.A. 97-1164, eff. 6-1-13.) |
(735 ILCS 5/15-1200.7) Sec. 15-1200.7. Abandoned residential property; exceptions. A property shall not be considered abandoned residential property if: (i) there is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in substantial compliance with all applicable ordinances, codes, regulations, and laws; (ii) there is a building occupied on a seasonal basis, but otherwise secure; (iii) there is a secure building on which there are bona fide rental or sale signs; (iv) there is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute; or (v) there is a building that is otherwise secure and in substantial compliance with all applicable ordinances, codes, regulations, and laws.
(Source: P.A. 97-1164, eff. 6-1-13.) |
(735 ILCS 5/15-1201) (from Ch. 110, par. 15-1201)
Sec. 15-1201. Agricultural Real Estate. "Agricultural real estate"
means real estate which is used primarily (i)
for the growing and harvesting of crops, (ii) for the feeding, breeding
and management of livestock, (iii) for dairying, or (iv) for any other agricultural
or horticultural use or combination thereof, including without limitation, aquaculture,
silviculture, and any other activities customarily engaged in by persons
engaged in the business of farming.
(Source: P.A. 95-331, eff. 8-21-07.)
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(735 ILCS 5/15-1202) (from Ch. 110, par. 15-1202)
Sec. 15-1202.
Collateral Assignment of Beneficial Interest.
"Collateral
assignment of beneficial interest" means any pledge or assignment of the
beneficial interest in a land trust to any person to secure a debt or other obligation.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1202.5)
Sec. 15-1202.5. Dwelling unit. For the purposes of Sections 9-207.5, 15-1224, 15-1225, 15-1506, 15-1508, 15-1508.5, 15-1701, 15-1703, and 15-1704 only, "dwelling unit" means a room or suite of rooms providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life.
(Source: P.A. 97-575, eff. 8-26-11; 98-514, eff. 11-19-13.) |
(735 ILCS 5/15-1203) (from Ch. 110, par. 15-1203)
Sec. 15-1203.
Foreclosure.
"Foreclosure" means an action commenced
under this Article and "to foreclose" means to terminate legal and equitable
interests in real estate pursuant to a foreclosure.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1204) (from Ch. 110, par. 15-1204)
Sec. 15-1204.
Guarantor.
"Guarantor" means any person who has
undertaken to pay any indebtedness or perform any obligation of a mortgagor
under a mortgage or of any other person who owes payment or the performance
of other obligations secured by the mortgage, which undertaking is made by
a guaranty or surety agreement of any kind.
(Source: P.A. 84-1462.)
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(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 beneficiary or any person designated in writing by the beneficiary
has (i) the exclusive power to direct or control the trustee in dealing
with the title to the trust property, (ii) the exclusive control of the
management, operation, renting and selling of the trust property and (iii)
the exclusive right to the earnings, avails and proceeds of the trust property.
(Source: P.A. 84-1462.)
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(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.)
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(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:
(a) mortgages securing "reverse mortgage" loans as authorized by
subsection (a) of Section
5 of the Illinois Banking Act;
(b) mortgages securing "revolving credit" loans as authorized by
subsection (c) of Section
5 of the Illinois Banking Act, Section 1-6b of the Illinois Savings and
Loan Act and Section 46 of the Illinois Credit Union Act;
(c) every deed conveying real estate, although an absolute conveyance in
its terms, which shall have been intended only as a security in the nature
of a mortgage;
(d) equitable mortgages; and
(e) instruments which would have been deemed instruments in the nature
of a mortgage prior to the effective date of this amendatory Act of 1987.
(Source: P.A. 85-907.)
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(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 claiming
through a mortgagee as successor.
(Source: P.A. 84-1462.)
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(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 a land trust, the mortgagor
is the trustee and not the beneficiary or beneficiaries.
(Source: P.A. 85-907.)
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(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 with Section 15-1503, is not disclosed of record
either (1) by means of a recorded notice or (2) by means of a proceeding
which under the law as in effect at the time the foreclosure is commenced
would afford constructive notice of the existence of such interest and
(iii) whose interest falls in any of the following categories: (1) right of
homestead, (2) judgment creditor, (3) beneficial interest under any trust
other than the beneficial interest of a beneficiary of a trust in actual
possession of all or part of the real estate or (4) mechanics' lien claim.
Notwithstanding the foregoing, for the purpose of this Article no
proceeding shall be deemed to constitute constructive notice of the
interest of any nonrecord claimant in the mortgaged real estate unless in
the proceeding there is a legal description of the real estate sufficient
to identify it with reasonable certainty. The classification of any person
as a nonrecord claimant under the foregoing definition shall not be
affected by any actual notice or knowledge
of or attributable to the mortgagee.
(Source: P.A. 84-1462.)
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(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.)
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(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.)
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(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 land though not described or mentioned in the contract
of sale or instrument of conveyance). "Mortgaged real estate" means the
real estate which is the subject of a mortgage. "Real estate" includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
(Source: P.A. 98-749, eff. 7-16-14.)
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(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 conveyed to the buyer upon payment of the purchase price
or a specified portion thereof. For the purpose of this definition, an
earnest money deposit shall not be considered an installment.
(Source: P.A. 84-1462.)
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(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.)
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(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 in which the mortgaged real estate is located.
"Recorder" includes any authorized assistant or employee of the Recorder.
(Source: P.A. 84-1462.)
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(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, together with the required recording fee. The Registrar of
Titles shall accept the filing of notices or affidavits required or
permitted by this Article without the necessity of the production of evidence of title.
(Source: P.A. 96-328, eff. 8-11-09.)
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(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
discloses (a) the names and
addresses of the persons making the claim or asserting the interest
described in the notice; (b) that such persons have or claim some interest
in or lien on the subject real estate; (c) the nature of the claim; (d) the
names of the persons against whom the claim is made; (e) a legal
description of the real estate sufficient to identify it with reasonable
certainty; (f) the name and address of the person executing the notice; and
(g) the name and address of the person preparing the notice.
(Source: P.A. 85-907.)
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(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 residential condominium units or a multiple dwelling structure
containing single family dwelling units for six or fewer families living
independently of each other, which residence, or at least one of which
condominium or dwelling units, is occupied as a principal residence either
(i) if a mortgagor is an individual,
by that mortgagor, that mortgagor's spouse or that mortgagor's descendants,
or (ii) if a mortgagor is a trustee of a trust or an executor or
administrator of an estate, by a beneficiary of that trust or estate or by such
beneficiary's spouse or descendants or (iii) if a mortgagor is a
corporation, by persons owning collectively at least 50 percent of the
shares of voting stock of such corporation or by a spouse or descendants
of such persons.
The use of a portion of residential real estate for non-residential
purposes shall not affect the characterization of such real estate as
residential real estate. For purposes of the definition of the term "abandoned residential property" in Section 15-1200.5 of this Article, "abandoned residential property" shall not include the requirement that the real estate be occupied, or if zoned for residential development, improved with a dwelling structure.
(Source: P.A. 97-1164, eff. 6-1-13.)
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(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.)
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(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.)
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(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 May 1, 1897.
(b) (Blank).
(c) "Mechanics
Lien Act" means the Mechanics Lien Act, 770 ILCS 60/Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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(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.)
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(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 or the child, spouse, or parent of | ||
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(2) the lease was the result of an arms-length | ||
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(3) the lease requires the receipt of rent that is | ||
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(4) either (i) the lease was entered into or renewed | ||
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(b) A written lease for a term exceeding one year that is entered into or renewed after the date of the filing of the lis pendens on the residential real estate in foreclosure pursuant to Section 2-1901 of this Code and before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a term of one year. (c) An oral lease entered into at any time before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a month-to-month term, unless the lessee proves by a preponderance of evidence that the oral lease is for a longer term. In no event shall an oral lease be deemed to be a bona fide lease for a term of more than one year. (d) A written or oral lease entered into on or after the date of the judicial sale of the residential real estate in foreclosure and before the date of the court order confirming the judicial sale that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a month-to-month term. (e) Notwithstanding paragraph (1) of subsection (a) of this Section, a child, spouse, or parent of the mortgagor may prove by a preponderance of evidence that a written or oral lease that otherwise meets the requirements of subsection (a) of this Section is a bona fide lease.
(Source: P.A. 98-514, eff. 11-19-13.) |
(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 real estate consisting of more than 40 acres, which is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for one or more families living independently of one another, for which an action to foreclose the real estate: (1) has commenced and is pending; (2) was pending when the bona fide lease was entered into or renewed; or (3) was commenced after the bona fide lease was entered into or renewed.
(Source: P.A. 98-514, eff. 11-19-13.) |
(735 ILCS 5/Art. XV Pt. 13 heading) Part 13.
Mortgage Lien Priorities
|
(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 obligations secured in accordance with the terms of the
mortgage or as authorized by law, including the amounts specified in a
judgment of foreclosure in accordance with subsection (d) of Section 15-1603.
(Source: P.A. 84-1462.)
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(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 mortgage shall be a lien as to subsequent purchasers and
judgment creditors only from the time such monies are advanced or applied.
However, nothing in this Section shall affect any lien arising or existing
by virtue of the Mechanics
Lien Act.
(b) Exceptions.
(1) All monies advanced or applied pursuant to | ||
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(2) All monies advanced or applied, whenever advanced | ||
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(3) All monies advanced or applied in accordance with | ||
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(4) All interest which in accordance with the terms | ||
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(5) All monies advanced by the mortgagee in | ||
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(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/Art. XV Pt. 14 heading) Part 14.
Methods of Terminating
Mortgagor's Interest in Real Estate
|
(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 accept a deed from the mortgagor in lieu of
foreclosure subject to any other claims or liens affecting the real estate.
Acceptance of a deed in lieu of foreclosure shall relieve from personal
liability all persons who may owe payment or the performance of other
obligations secured by the mortgage, including guarantors of such
indebtedness or obligations, except to the extent a person agrees not to be
relieved in an instrument executed contemporaneously. A deed in lieu of
foreclosure, whether to the mortgagee or mortgagee's nominee, shall not
effect a merger of the mortgagee's interest as mortgagee and the
mortgagee's interest derived from the deed in lieu of foreclosure.
The mere tender of an executed deed by the mortgagor or the recording of
a deed by the mortgagor to the mortgagee shall not constitute acceptance by
the mortgagee of a deed in lieu of foreclosure.
(Source: P.A. 86-974.)
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(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 the U.S. Department of Treasury under 12 U.S.C. 4701 et seq. "Short sale" means the sale of real
estate that is subject to a mortgage for an amount that is less
than the amount owed to the mortgagee on the outstanding
mortgage note. "Residential property" means real property on which there is a dwelling unit with accommodations for 4 or fewer separate households and occupied, or to be occupied, in whole or in part, by the mortgagor; however: (i) "residential property" is limited to the primary | ||
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(ii) "residential property" does not include an | ||
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(iii) "residential property" does not include | ||
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(b) In a foreclosure of residential real estate, if (i) the
mortgagor presents to the mortgagee a bona fide written offer from a
third party to purchase the property that is the subject of the
foreclosure proceeding, (ii) the written offer to purchase is
for an amount which constitutes a short sale of the property,
and (iii) the mortgagor makes a written request to the
mortgagee to approve the sale on the terms of the offer to
purchase, the mortgagee must respond to the mortgagor within 90
days after receipt of the written offer and written request. (c) The mortgagee shall determine whether to accept the mortgagor's short sale offer. Failure to accept the offer shall not impair or abrogate in any way the rights of the mortgagee or affect the status of the foreclosure proceedings. The 90-day period shall not operate as a stay of the proceedings.
(d) If an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum. At the time of the offer, the following disclosures shall be made to the mortgagee by the mortgagor in connection with any purchase or sale under this subsection: (i) the entity seeking to purchase shall disclose its tax-exempt status; (ii) the entity that will finance the sale following the purchase shall disclose its status as a certified community development financial institution; and (iii) the disclosure shall state whether the residential property is to be sold back to the mortgagor. Upon request by the mortgagee, a certified community development financial institution shall provide documentation evidencing its current certification status. Nothing in this subsection shall impair, abrogate, or abridge in any manner the rights of the mortgagee pursuant to subsection (c) to accept or reject an offer to purchase either a mortgage or residential property, nor shall it give rise to a cause of action. (Source: P.A. 101-396, eff. 8-16-19.) |
(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 all claims, liens (except liens of the United
States of America which cannot be foreclosed without judicial sale) and
interest of the mortgagor, including all rights of reinstatement and
redemption, and of all rights of all other persons made parties in the
foreclosure whose interests are subordinate to that of the mortgagee and
all nonrecord claimants given notice in accordance with paragraph (2) of
subsection (c) of Section
15-1502 if at any time before sale:
(1) the mortgagee offers, in connection with such a | ||
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(2) such offer is made either in the foreclosure | ||
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(3) all mortgagors who then have an interest in the | ||
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(4) no other party, by answer or by response to the | ||
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(5) upon notice to all parties who have not | ||
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(b) Objection. If any party other than a mortgagor who
then has an interest in the mortgaged real estate objects to the entry
of such judgment by consent, the court, after hearing, shall enter an order
providing either:
(1) that for good cause shown, the judgment by | ||
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(2) that, good cause not having been shown by the | ||
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(3) determining the amount required to redeem in | ||
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(c) Judgment. Any judgment entered pursuant to Section 15-1402 shall
recite the mortgagee's waiver of rights to a personal judgment for
deficiency and shall bar the mortgagee from obtaining such a deficiency
judgment against the mortgagor or any other person liable for the
indebtedness or other obligations secured by the mortgage.
(Source: P.A. 86-974.)
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(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 Article.
(Source: P.A. 84-1462.)
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(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
notice in accordance with paragraph (2) of subsection (c) of Section
15-1502, shall be terminated by the
judicial sale of the real estate, pursuant to a judgment of
foreclosure, provided the sale is confirmed in
accordance with this Article.
(Source: P.A. 85-907.)
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(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.
(Source: P.A. 84-1462.)
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(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 | ||
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(2) A mortgagor's spouse who has waived the right of | ||
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(3) A trustee holding an interest in the mortgaged | ||
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(4) The owner or holder of a note secured by a trust | ||
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(5) Guarantors, provided that in a foreclosure any | ||
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(6) The State of Illinois or any political | ||
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(7) The United States of America or any agency or | ||
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(8) Any assignee of leases or rents relating to the | ||
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(9) Any person who may have a lien under the | ||
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(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 | ||
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(2) In Court's Discretion. After the right to | ||
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(3) Later Right. After the sale of the mortgaged | ||
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(4) Termination of Interest. Except as provided in | ||
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(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.
(h) Special Representatives. With respect to the property that is the subject of the action, the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action, if there is a: (1) living person, persons, or entity that holds a | ||
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(2) beneficiary under a transfer on death instrument | ||
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(3) person, persons, or entity that was conveyed | ||
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(4) person, persons, or entity that was conveyed | ||
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(5) trust that was conveyed title to the property by: (A) the deceased mortgagor prior to death; or (B) any other person, persons, or entity that is | ||
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In no event may a deficiency judgment be sought or entered in the foreclosure case pursuant to subsection (e) of Section 15-1508 against a deceased mortgagor. (Source: P.A. 98-514, eff. 11-19-13; 99-24, eff. 1-1-16.)
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(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 a combat or combat support posting while on active military duty and serving overseas within the previous 12 months, the court must stay the proceedings for a period of 90 days upon application to the court by the mortgagor defendant. "Active military duty" means, for purposes of this Section, service on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.
(Source: P.A. 96-901, eff. 1-1-11; 97-333, eff. 8-12-11.) |
(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 member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States. (b) In an action for foreclosure, a mortgagor who is a service member that has entered military service for a period greater than 29 consecutive days or any member of the mortgagor's family who resides with the mortgagor at the mortgaged premises, if the mortgagor entered into the mortgage agreement before the mortgagor received orders for military service on or after the effective date of this amendatory Act of the 97th General Assembly, may file a motion for relief and the court shall, if the mortgagor's ability to pay the agreed mortgage payments or to defend the foreclosure proceedings is materially affected by the mortgagor's military service, do one or more of the following: (1) stay the proceedings for a period of 90 days | ||
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(2) adjust the obligation under the mortgage | ||
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(c) In order to be eligible for the benefits granted to a service member under this Section, a service member or a member of the service member's family who resides with the service member at the mortgaged premises must provide the court and the mortgagee with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service. (d) If a stay is granted under this Section, the court
may grant the mortgagee such relief as equity may require. (e) The forms of relief available under this Section shall continue to be available up to 90 days after the completion of the service member's military service. (f) In addition to any sanction available to the court for violation of a stay or order, a violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty
imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.) |
(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.)
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(735 ILCS 5/15-1502.5) Sec. 15-1502.5. (Repealed).
(Source: P.A. 98-25, eff. 6-20-13. Repealed internally, eff. 7-1-16.) |
(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 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.
(b) (Blank). (Source: P.A. 102-15, eff. 6-17-21; 103-61, eff. 6-9-23.)
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(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 | ||
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(2) Attached as Exhibit "A" is a copy of the mortgage | ||
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(3) Information concerning mortgage:
(A) Nature of instrument: (here insert whether a | ||
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(B) Date of mortgage:
(C) Name of mortgagor:
(D) Name of mortgagee:
(E) Date and place of recording:
(F) Identification of recording: (here insert | ||
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(G) Interest subject to the mortgage: (here | ||
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(H) Amount of original indebtedness, including | ||
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(I) Both the legal description of the mortgaged | ||
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(J) Statement as to defaults, including, but not | ||
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(K) Name of present owner of the real estate:
(L) Names of other persons who are joined as | ||
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(M) Names of defendants claimed to be personally | ||
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(N) Capacity in which plaintiff brings this | ||
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(O) Facts in support of redemption period shorter | ||
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(P) Statement that the right of redemption has | ||
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(Q) Facts in support of request for attorneys' | ||
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(R) Facts in support of a request for appointment | ||
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(S) Offer to mortgagor in accordance with Section | ||
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(T) Name or names of defendants whose right to | ||
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REQUEST FOR RELIEF
Plaintiff requests:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption period, | ||
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(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 | ||
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(vi) A judgment for attorneys' fees, costs and | ||
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(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) that, on the date indicated, the obligor of the | ||
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(2) that the exhibits attached are true and correct | ||
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(3) that the mortgagor was at the date indicated an | ||
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(4) that the mortgage was recorded in the county in | ||
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(5) that defaults occurred as indicated;
(6) that at the time of the filing of the complaint | ||
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(7) that the mortgage constitutes a valid, prior and | ||
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(8) that by reason of the defaults alleged, if the | ||
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(9) that any and all notices of default or election | ||
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(10) that any and all periods of grace or other | ||
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(11) that the amounts indicated in the statement in | ||
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(12) that, upon confirmation of the sale, the holder | ||
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(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 | ||
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(2) the plaintiff has been compelled to advance or | ||
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(3) under the terms of the mortgage, all such | ||
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(4) in order to protect the lien of the mortgage, it | ||
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(5) in order to protect and preserve the mortgaged | ||
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(6) under the terms of the mortgage, any money so | ||
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(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 | ||
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(2) the defendants be ordered to pay to the plaintiff | ||
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(3) in default of such payment in accordance with the | ||
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(4) in the event the plaintiff is a purchaser of the | ||
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(5) in the event of such sale and the failure of any | ||
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(6) if no redemption is made prior to such sale, a | ||
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(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. 97-1164, eff. 6-1-13.)
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(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 respect to residential real estate, at the time of the filing of a foreclosure complaint, the plaintiff shall pay to the clerk of the court in which the foreclosure complaint is filed a fee of $50 for deposit into the Foreclosure Prevention Program Fund, a special
fund created in the State treasury. The clerk shall remit the fee collected pursuant to this subsection (a) to the State Treasurer to be expended for the purposes set forth in Section 7.30 of the Illinois Housing Development Act. All fees paid by plaintiffs to the clerk of the court as provided in this subsection (a) shall be disbursed within 60 days after receipt by the clerk of the court as follows: (i) 98% to the State Treasurer for deposit into the Foreclosure Prevention Program Fund, and (ii) 2% to the clerk of the court to be retained by the clerk for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses related to implementation of this subsection (a). Notwithstanding any other law to the contrary, the Foreclosure Prevention Program Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Foreclosure Prevention Program Fund into any other fund of the State. (a-5) Additional fee paid by plaintiffs with respect to residential real estate. (1) Until January 1, 2023, with respect to | ||
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(A) The fee shall be $500 if: (i) the plaintiff, together with its | ||
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(ii) the plaintiff, together with its | ||
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(iii) the plaintiff is not a depository | ||
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(B) The fee shall be $250 if: (i) the plaintiff, together with its | ||
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(ii) the plaintiff, together with its | ||
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(iii) the plaintiff, together with its | ||
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(iv) the plaintiff is not a depository | ||
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(C) The fee shall be $50 if: (i) the plaintiff, together with its | ||
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(ii) the plaintiff, together with its | ||
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(iii) the plaintiff, together with its | ||
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(iv) the plaintiff, together with its | ||
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(v) the plaintiff is not a depository | ||
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(2) The clerk shall remit the fee collected pursuant | ||
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(A) 28% to the State Treasurer for | ||
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(B) 70% to the State Treasurer for deposit | ||
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(C) 2% to the clerk of the court to be | ||
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(3) Until January 1, 2023, with respect to | ||
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(4) If a plaintiff fails to provide the clerk of the | ||
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(5) This subsection (a-5) is inoperative on and after | ||
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(b) Not later than March 1 of each year, the clerk of the court shall submit to the Illinois Housing Development Authority a report of the funds collected and remitted pursuant to this Section during the preceding year.
(c) As used in this Section: "Affiliate" means any company that controls, is controlled by, or is under common control with another company. "Approved counseling agency" and "approved housing counseling" have the meanings ascribed to those terms in Section 7.30 of the Illinois Housing Development Act. "Depository institution" means a bank, savings bank, savings and loan association, or credit union chartered, organized, or holding a certificate of authority to do business under the laws of this State, another state, or the United States. "First tier foreclosure filing category" is a classification that only applies to a plaintiff that has filed 175 or more foreclosure complaints on residential real estate located in Illinois during the calendar year immediately preceding the date of the filing of the subject foreclosure complaint. "Second tier foreclosure filing category" is a classification that only applies to a plaintiff that has filed at least 50, but no more than 174, foreclosure complaints on residential real estate located in Illinois during the calendar year immediately preceding the date of the filing of the subject foreclosure complaint. "Third tier foreclosure filing category" is a classification that only applies to a plaintiff that has filed no more than 49 foreclosure complaints on residential real estate located in Illinois during the calendar year immediately preceding the date of the filing of the subject foreclosure complaint. (d) In no instance shall the fee set forth in subsection (a-5) be assessed for any foreclosure complaint filed before the effective date of this amendatory Act of the 97th General Assembly. (e) Notwithstanding any other law to the contrary, the Abandoned Residential Property Municipality Relief Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Abandoned Residential Property Municipality Relief Fund into any other fund of the State. (Source: P.A. 100-407, eff. 8-25-17; 101-10, eff. 6-5-19.) |
(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 Spanish translation shall be prepared by the Attorney General and posted on the Attorney General's website. A notice that includes the Attorney General's Spanish translation in substantially similar form shall be deemed to comply with the Spanish notice requirement in this Section. The Notice must be in substantially the following form:IMPORTANT INFORMATION FOR HOMEOWNERS IN FORECLOSURE 1. POSSESSION: The lawful occupants of a home have the right to | ||
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2. OWNERSHIP: You continue to own your home until the court rules | ||
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3. REINSTATEMENT: As the homeowner you have the right to bring the | ||
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4. REDEMPTION: As the homeowner you have the right to sell your | ||
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5. SURPLUS: As the homeowner you have the right to petition the | ||
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6. WORKOUT OPTIONS: The mortgage company does not want to foreclose on | ||
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7. PAYOFF AMOUNT: You have the right to obtain a written statement of | ||
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8. GET ADVICE: This information is not exhaustive and does not | ||
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9. LAWYER: If you do not have a lawyer, you may be able to | ||
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10. PROCEED WITH CAUTION: You may be contacted by people offering to help you | ||
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(Source: P.A. 100-173, eff. 1-1-18.) |
(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.)
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(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 account or loan number), a mortgagee or the mortgagee's authorized agent shall prepare and deliver an accurate statement of the total outstanding balance of the mortgagor's obligation that would be required to satisfy the obligation in full as of the date of preparation ("payoff demand statement") to the mortgagor or the mortgagor's authorized agent who has requested it within 10 business days after receipt of the demand. For purposes of this Section, a payoff demand statement is accurate if prepared in good faith based on the records of the mortgagee or the mortgagee's agent. (b) The payoff demand statement shall include the following: (1) the information necessary to calculate the | ||
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(2) estimated charges (stated as such) that the | ||
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(3) the loan number for the obligation to be paid, | ||
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(c) A mortgagee or mortgagee's agent who willfully fails to prepare and deliver an accurate payoff demand statement within 10 business days after receipt of a written demand is liable to the mortgagor for actual damages sustained for failure to deliver the statement. The mortgagee or mortgagee's agent is liable to the mortgagor for $500 if no actual damages are sustained. For purposes of this subsection, "willfully" means a failure to comply with this Section without just cause or excuse or mitigating circumstances. (d) The mortgagor must petition the judge within the foreclosure action for the award of any damages pursuant to this Section, which award shall be determined by the judge. (e) Unless the payoff demand statement provides otherwise, the statement is deemed to apply only to the unpaid balance of the single obligation that is named in the demand and that is secured by the mortgage or deed of trust identified in the payoff demand statement. (f) The demand for and preparation and delivery of a payoff demand statement pursuant to this Section does not change any date or time period that is prescribed in the note or that is otherwise provided by law. Failure to comply with any provision of this Section does not change any of the rights of the parties as set forth in the note, mortgage, or applicable law. (g) The mortgagee or mortgagee's agent shall furnish the first payoff demand statement at no cost to the mortgagor. (h) For the purposes of this Section, unless the context otherwise requires, "deliver" or "delivery" means depositing or causing to be deposited into the United States mail an envelope with postage prepaid that contains a copy of the documents to be delivered and that is addressed to the person whose name and address are provided in the payoff demand. "Delivery" may also include transmitting those documents by telephone facsimile to the person or electronically if the payoff demand specifically requests and authorizes that the documents be transmitted in electronic form. (i) The mortgagee or mortgagee's agent is not required to comply with the payoff demand statement procedure set forth in this Section when responding to a notice of intent to redeem issued under Section 15-1603(e).
(Source: P.A. 95-961, eff. 1-1-09.) |
(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, unless extended by the court for good cause shown, is 60 days after the earlier of these events: (i) the date that the moving party filed an appearance; or (ii) the date that the moving party participated in a hearing without filing an appearance. (b) In any residential foreclosure action, if the objecting party files a responsive pleading or a motion (other
than a
motion for an extension of time to answer or otherwise appear) prior to the
filing of a
motion in compliance with subsection (a), that party waives all objections to
the court's
jurisdiction over the party's person.
(Source: P.A. 97-329, eff. 8-12-11.) |
(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 obtain a judgment of foreclosure pursuant to Section 15-1506. The motion to expedite the judgment and sale may be combined with or made part of the motion requesting a judgment of foreclosure. The notice of the motion to expedite the judgment and sale shall be sent by first-class mail to the last known address of the mortgagor, and the notice required by paragraph (1) of subsection (l) of this Section shall be posted at the property address. (b) The motion requesting an expedited judgment of foreclosure and sale may be filed by the mortgagee at the time the foreclosure complaint is filed or any time thereafter, and shall set forth the facts demonstrating that the mortgaged real estate is abandoned residential real estate under Section 15-1200.5 and shall be supported by affidavit. (c) If a motion for an expedited judgment and sale is filed at the time the foreclosure complaint is filed or before the period to answer the foreclosure complaint has expired, the motion shall be heard by the court no earlier than before the period to answer the foreclosure complaint has expired and no later than 21 days after the period to answer the foreclosure complaint has expired. (d) If a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, the motion shall be heard no later than 21 days after the motion is filed. (e) The hearing shall be given priority by the court and shall be scheduled to be heard within the applicable time period set forth in subsection (c) or (d) of this Section. (f) Subject to subsection (g), at the hearing on the motion requesting an expedited judgment and sale, if the court finds that the mortgaged real estate is abandoned residential property, the court shall grant the motion and immediately proceed to a trial of the foreclosure. A judgment of foreclosure under this Section shall include the matters identified in Section 15-1506. (g) The court may not grant the motion requesting an expedited judgment and sale if the mortgagor, an unknown owner, or a lawful occupant appears in the action in any manner before or at the hearing and objects to a finding of abandonment. (h) The court shall vacate an order issued pursuant to subsection (f) of this Section if the mortgagor or a lawful occupant appears in the action at any time prior to the court issuing an order confirming the sale pursuant to subsection (b-3) of Section 15-1508 and presents evidence establishing to the satisfaction of the court that the mortgagor or lawful occupant has not abandoned the mortgaged real estate. (i) The reinstatement period and redemption period for the abandoned residential property shall end in accordance with paragraph (4) of subsection (b) of Section 15-1603, and the abandoned residential property shall be sold at the earliest practicable time at a sale as provided in this Article. (j) The mortgagee or its agent may enter, secure, and maintain abandoned residential property subject to subsection (e-5) of Section 21-3 of the Criminal Code of 2012. (k) Personal property. (1) Upon confirmation of the sale held pursuant to | ||
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(2) Notwithstanding paragraph (1) of this subsection | ||
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(l) Notices to be posted at property address. (1) The notice set out in this paragraph (1) of this | ||
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"NOTICE TO ANY TENANT
OR OTHER LAWFUL OCCUPANT OF THIS PROPERTY A lawsuit has been filed to foreclose on this property, and the party asking to foreclose on this property has asked a judge to find that THIS PROPERTY IS ABANDONED. The judge will be holding a hearing to decide whether this property is ABANDONED. IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY CHOOSE TO GO TO THIS HEARING and explain to the judge how you are a lawful occupant of this property. If the judge is satisfied that you are a LAWFUL OCCUPANT of this property, the court will find that this property is NOT ABANDONED. This hearing will be held in the courthouse at the following address, date, and time: Court name: Court address: Court room number where hearing will be held: (There should be a person in this room called a CLERK who can help you. Make sure you know THIS PROPERTY'S ADDRESS.) Date of hearing: Time of hearing: MORE INFORMATION Name of lawsuit: Number of lawsuit: Address of this property: IMPORTANT This is NOT a notice to vacate the premises. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have. WARNING INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a). NO TRESPASSING KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". (2) The notice set out in this paragraph (2) of this | ||
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"NOTICE TO ANY TENANT
OR OTHER LAWFUL OCCUPANT OF THIS PROPERTY A lawsuit has been filed to foreclose on this property, and the judge has found that THIS PROPERTY IS ABANDONED. As a result, THIS PROPERTY HAS BEEN OR WILL BE SOLD. HOWEVER, there still must be a hearing for the judge to approve the sale. The judge will NOT APPROVE this sale if the judge finds that any person lawfully occupies any part of this property. IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY CHOOSE TO GO TO THIS HEARING and explain to the judge how you are a lawful occupant of this property. You also may appear BEFORE this hearing and explain to the judge how you are a lawful occupant of this property. If the judge is satisfied that you are a LAWFUL OCCUPANT of this property, the court will find that this property is NOT ABANDONED, and there will be no sale of the property at this time. This hearing will be held in the courthouse at the following address, date, and time: Court name: Court address: Court room number where hearing will be held: (There should be a person in this room called a CLERK who can help you. Make sure you know THIS PROPERTY'S ADDRESS.) Date of hearing: Time of hearing: MORE INFORMATION Name of lawsuit: Number of lawsuit: Address of this property: IMPORTANT This is NOT a notice to vacate the premises. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have. WARNING INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a). NO TRESPASSING KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
(Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.) |
(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 | ||
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(2) where all the allegations of fact in the | ||
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(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 | ||
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(4) provisions for non-exclusive broker listings or | ||
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(5) the fees or commissions to be paid out of the | ||
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(6) the fees to be paid out of the sale proceeds to | ||
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(7) whether and in what manner and with what content | ||
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(8) a particular time and place at which such bids | ||
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(9) a particular newspaper or newspapers in which | ||
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(10) the format for the advertising of such sale, | ||
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(11) matters or exceptions to which title in the real | ||
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(12) a requirement that title insurance in a | ||
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(13) whether and to what extent bids with mortgage or | ||
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(14) such other matters as approved by the court to | ||
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(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, | ||
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(2) Upon the entry of the judgment of foreclosure, | ||
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(3) Entry of a judgment of foreclosure does not | ||
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(Source: P.A. 98-514, eff. 11-19-13.)
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(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 | ||
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(A) the name, address and telephone number of the | ||
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(B) the common address and other common | ||
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(C) a legal description of the real estate | ||
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(D) a description of the improvements on the real | ||
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(E) the times specified in the judgment, if any, | ||
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(F) the time and place of the sale;
(G) the terms of the sale;
(H) the case title, case number and the court in | ||
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(H-1) in the case of a condominium unit to | ||
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(H-2) in the case of a unit of a common interest | ||
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(I) such other information ordered by the Court.
(2) The notice of sale shall be published at least 3 | ||
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(3) The party who gives notice of public sale in | ||
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(4) The party who gives notice of public sale in | ||
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(5) Notice of the sale may be given prior to the | ||
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(6) No other notice by publication or posting shall | ||
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(7) The person named in the notice of sale to be | ||
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(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. 100-685, eff. 8-3-18.)
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(735 ILCS 5/15-1507.1) Sec. 15-1507.1. (Repealed).
(Source: P.A. 101-10, eff. 6-5-19. Repealed internally, eff. 3-2-23.) |
(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) justice was otherwise not done, the court shall
then enter an order confirming the sale. The confirmation order shall include a name, address, and telephone number of the holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser, whom a municipality or county may contact with concerns about the real estate. The confirmation order may
also: (1) approve the mortgagee's fees and costs (i) | ||
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(2) provide for a personal judgment against any party | ||
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(3) determine the priority of the judgments of | ||
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(b-3) Hearing to confirm sale of abandoned residential property. Upon motion and notice by first-class mail to the last known address of the mortgagor, which motion shall be made prior to the sale and heard by the court at the earliest practicable time after conclusion of the sale, and upon the posting at the property address of the notice required by paragraph (2) of subsection (l) of Section 15-1505.8, the court shall enter an order confirming the sale of the abandoned residential property, unless the court finds that a reason set forth in items (i) through (iv) of subsection (b) of this Section exists for not approving the sale, or an order is entered pursuant to subsection (h) of Section 15-1505.8. The confirmation order also may address the matters identified in items (1) through (3) of subsection (b) of this Section. The notice required under subsection (b-5) of this Section shall not be required. (b-5) Notice with respect to residential real estate. With respect to residential real estate, the notice required under subsection (b) of this Section shall be sent to the mortgagor even if the mortgagor has previously been held in default. In the event the mortgagor has filed an appearance, the notice shall be sent to the address indicated on the appearance. In all other cases, the notice shall be sent to the mortgagor at the common address of the foreclosed property. The notice shall be sent by first class mail. Unless the right to possession has been previously terminated by the court, the notice shall include the following language in 12-point boldface capitalized type: IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE ILLINOIS MORTGAGE FORECLOSURE LAW. (b-10) Notice of confirmation order sent to municipality or county. A copy of the confirmation order required under subsection (b) shall be sent to the municipality in which the foreclosed property is located, or to the county within the boundary of which the foreclosed property is located if the foreclosed property is located in an unincorporated territory. A municipality or county must clearly publish on its website a single address to which a copy of the order 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 a copy of the order shall be sent. In the event that a municipality or county has not complied with the publication requirement in this subsection (b-10), then a copy of the order 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. (b-15) Notice of confirmation order sent to known insurers. With respect to residential real estate, the party filing the complaint shall send a copy of the confirmation order required under subsection (b) by first class mail, postage prepaid, to the last known property insurer of the foreclosed property. Failure to send or receive a copy of the order shall not impair or abrogate in any way the rights of the mortgagee or purchaser or affect the status of the foreclosure proceedings. (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. Any such party shall guarantee or secure by bond a bid equal to the successful bid at the prior sale, unless the party seeking to set aside the sale is the mortgagor, the real estate sold at the sale is residential real estate, and the mortgagor occupies the residential real estate at the time the motion is filed. In that event, no guarantee or bond shall be required of the mortgagor. 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. (d-5) Making Home Affordable Program. The court that entered the judgment shall set aside a sale held pursuant to Section 15-1507, upon motion of the mortgagor at any time prior to the confirmation of the sale, if the mortgagor proves by a preponderance of the evidence that (i) the mortgagor has applied for assistance under the Making Home Affordable Program established by the United States Department of the Treasury pursuant to the Emergency Economic Stabilization Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, and (ii) the mortgaged real estate was sold in material violation of the program's requirements for proceeding to a judicial sale. The provisions of this subsection (d-5) are operative and, except for this sentence, shall become inoperative on January 1, 2018 for all actions filed under this Article after December 31, 2017, in which the mortgagor did not apply for assistance under the Making Home Affordable Program on or before December 31, 2016. The changes to this subsection (d-5) by this amendatory Act of the 99th General Assembly apply to all cases pending and filed on or after the effective date of this amendatory Act of the 99th General Assembly. (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 eviction order 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. No eviction order issued under this Section shall be entered against a lessee with a bona fide lease of a dwelling unit in residential real estate in foreclosure, whether or not the lessee has been made a party in the foreclosure. An order 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 eviction order 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 an eviction proceeding under Article IX of this Code or, if applicable, under subsection (h) of Section 15-1701;
and eviction of 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 IX of this
Code or, if applicable, under subsection (h) of Section 15-1701. (h) With respect to mortgaged real estate containing 5 or more dwelling units, the order confirming the sale shall also provide that (i) the mortgagor shall transfer to the purchaser the security deposits, if any, that the mortgagor received to secure payment of rent or to compensate for damage to the mortgaged real estate from any current occupant of a dwelling unit of the mortgaged real estate, as well as any statutory interest that has not been paid to the occupant, and (ii) the mortgagor shall provide an accounting of the security deposits that are transferred, including the name and address of each occupant for whom the mortgagor holds the deposit and the amount of the deposit and any statutory interest. (Source: P.A. 102-86, eff. 7-9-21.) |
(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: (1) following the judicial sale under Section | ||
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(2) following the order confirming sale under Section | ||
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(i) identify the occupant being served by the | ||
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(ii) inform the occupant that the mortgaged real | ||
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(iii) provide the name, address, and telephone | ||
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(iv) include the following language, or language | ||
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(v) include the name of the case, the case | ||
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(vi) provide instructions on the method of | ||
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(b) The written notice required by subsection (a) of this Section shall be served by delivering a copy thereof to the known occupant, or by leaving the same with some person of the age of 13 years or upwards who is residing on or in possession of the premises, or by sending a copy of the notice to the known occupant by first-class mail, addressed to the occupant by the name known to the holder or purchaser. (c) In the event that the holder or purchaser ascertains the identity and address of an occupant of a dwelling unit of the mortgaged real estate more than 21 days after the confirmation of sale under Section 15-1508, the holder or purchaser shall provide the notice required by subparagraph (2) of subsection (a) within 7 days of ascertaining the identity and address of the occupant. (d)(i) A holder or purchaser who fails to comply with subsections (a), (b), and (c) may not collect any rent due and owing from a known occupant, or terminate a known occupant's tenancy for non-payment of such rent, until the holder or purchaser has served the notice described in paragraph (2) of subsection (a) of this Section upon the known occupant. After providing such notice, the holder or purchaser may collect any and all rent otherwise due and owing the holder or purchaser from the known occupant and may terminate the known occupant's tenancy for non-payment of such rent if the holder or purchaser otherwise has such right to terminate. (ii) An occupant who previously paid rent for the current rental period to the mortgagor, or other entity with the authority to operate, manage, and conserve the mortgaged real estate at the time of payment, shall not be held liable for that rent by the holder or purchaser, and the occupant's tenancy shall not be terminated for non-payment of rent for that rental period. (e) Within 21 days of the confirmation of sale under Section 15-1508, the holder or purchaser shall post a written notice on the primary entrance of each dwelling unit subject to the foreclosure action. This notice shall: (i) inform occupant that the dwelling unit is the | ||
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(ii) include the following language: "This is NOT a | ||
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(iii) provide the name, address, and telephone number | ||
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(iv) provide instructions on the method of payment of | ||
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(f)(i) The provisions of subsection (d) of this Section shall be the exclusive remedy for the failure of a holder or purchaser to provide notice to a known occupant under this Section. (ii) This Section shall not abrogate any right that a holder or purchaser may have to possession of the mortgaged real estate and to maintain a proceeding against an occupant of a dwelling unit for possession under Article IX of this Code or subsection (h) of Section 15-1701. (iii) In the event that the holder or purchaser is a mortgagee in possession of the mortgaged real estate pursuant to Section 15-1703 at the time of the confirmation of sale and has complied with requirements of subsection (a-5) of Section 15-1703, the holder or purchaser is excused from the requirements of subsections (a) and (e) of this Section. (iv) A holder or purchaser is not required to provide the notice required by this Section to a mortgagor or party against whom an order of possession has been entered authorizing the removal of the mortgagor or party pursuant to subsection (g) of Section 15-1508.
(Source: P.A. 98-514, eff. 11-19-13.) |
(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.)
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(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 and mailing addresses, and telephone number.
(Source: P.A. 96-110, eff. 7-31-09.) |
(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 exercises the defendant's right of reinstatement or redemption shall not be considered a prevailing party for purposes of this Section. Nothing in this subsection shall abrogate contractual terms in the mortgage or other written agreement between the mortgagor and the mortgagee or rights as otherwise provided in this Article which allow the mortgagee to recover attorney's fees and costs under subsection (b). (b) 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. 95-961, eff. 1-1-09.)
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(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.)
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(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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(735 ILCS 5/15-1513) Sec. 15-1513. Temporary COVID-19 stay of judicial sales, orders of possession. (a) Notwithstanding Section 15-1507, no judicial foreclosure sale shall be held between the effective date of this Section and July 31, 2021. Any judicial foreclosure sale pending as of the effective date of this Section shall be cancelled and renoticed for a date after July 31, 2021. (b) Notwithstanding subsection (g) of Section 15-1508, no order of possession pursuant to a confirmation of judicial foreclosure sale shall be entered by a court, placed with a sheriff for execution, or executed by a sheriff until a date after July 31, 2021. (c) This Section applies to any action to foreclose a mortgage relating to (i) residential real estate as defined in Section 15-1219, and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as his or her personal residence.
(Source: P.A. 102-5, eff. 5-17-21.) |
(735 ILCS 5/15-1514) Sec. 15-1514. Temporary COVID-19 stay of certain foreclosure proceedings and filings. (a) This Section applies to any action to foreclose a mortgage relating to (i) residential real estate as defined in Section 15-1219, and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as his or her personal residence. (b) Any action to foreclose a mortgage pending on the effective date of this amendatory Act of the 102nd General Assembly, including actions filed on or before March 9, 2020, or commenced within 30 days of the effective date of this amendatory Act of the 102nd General Assembly, shall be stayed until May 1, 2021. (c) No court shall accept for filing any action to foreclose a mortgage before May 1, 2021. (d) All deadlines related to any pending foreclosure proceeding on the effective date of this Section, including the running of any redemption period, are tolled until May 1, 2021. (e) If any clause, sentence, paragraph, subsection, or part of this Section shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part of this Section directly involved in the controversy in which the judgment shall have been rendered.
(Source: P.A. 102-5, eff. 5-17-21.) |
(735 ILCS 5/15-1515) (Section scheduled to be repealed on June 1, 2025) Sec. 15-1515. COVID-19 emergency sealing of court file. (a) As used in this Section: "Court file" means the court file created when a foreclosure action is filed with the court. "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19 and ending on December 31, 2021. (b) The court may seal the file, upon motion of a mortgagor, of any foreclosure action filed during the COVID-19 emergency and economic recovery period if the action was not subject to the moratoria enacted by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Department of Veterans Affairs. If an action was filed during the COVID-19 emergency and economic recovery period because it qualified under an exception to one of the above moratoria, the action is not subject to being sealed under this Section. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this amendatory Act of the 103rd General Assembly and is not sealed, the court shall order the sealing of the court file. (c) This Section applies to any action to foreclose a mortgage relating to: (i) residential real estate as defined in Section 15-1219; and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as the mortgagor's personal residence. (d) This Section is repealed on June 1, 2025.
(Source: P.A. 103-61, eff. 6-9-23.) |
(735 ILCS 5/Art. XV Pt. 16 heading) Part 16.
Reinstatement and Redemption
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(735 ILCS 5/15-1601) (from Ch. 110, par. 15-1601)
Sec. 15-1601.
Waiver of Rights of reinstatement and Redemption.
(a)
Residential and Certain Agricultural Real Estate. Except as otherwise
provided in this Article, no mortgagor of real estate
which is residential real estate at the time of such attempted waiver may waive
the mortgagor's rights of reinstatement and redemption, or either of them,
and any such waiver shall be void. Except as otherwise provided in
subsection (b) of this Section, no mortgagor of real estate
which is agricultural real estate at the time of such attempted waiver
may waive the mortgagor's rights of reinstatement and redemption, or either
of them, and any such waiver shall be void.
(b) Other Real Estate. Any corporation or
any corporate trustee of any express trust who is a mortgagor of agricultural
real estate may waive the
mortgagor's right of redemption (i) by
express waiver stated in the mortgage or (ii) by any other waiver in writing
which has been acknowledged by the mortgagor and recorded. A mortgagor of
real estate other than a mortgagor of residential real estate or other
mortgagor who is not otherwise so prohibited by this Article may waive the
mortgagor's right of redemption (i) by express waiver stated in the mortgage or
(ii) by any other waiver in writing which has been acknowledged by the mortgagor
and recorded.
(c) Waiver After Commencement of Foreclosure. After commencement of a
foreclosure proceeding under this Article a mortgagor of residential real
estate or other mortgagor who is otherwise so prohibited may waive the
mortgagor's rights of reinstatement and redemption, or
either of them, if (i) the mortgagor expressly consents in writing to the
entry of a judgment without such right of reinstatement or redemption, (ii)
such written consent is filed with the clerk of the court, and (iii) the
mortgagee consents and agrees to waive any and all rights to a deficiency judgment.
(d) Prior Waivers. Nothing contained in this Section shall invalidate
any waiver of any right of redemption made pursuant to Section 12-124 or
Section 12-125 of the Code of Civil Procedure in effect prior to July 1,
1987 which is contained in any instrument executed prior to July 1, 1987.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1602) (from Ch. 110, par. 15-1602)
Sec. 15-1602.
Reinstatement.
In any foreclosure of a mortgage
executed after July 21, 1959, which has become due prior to the maturity
date fixed in the mortgage, or in any instrument or obligation secured by
the mortgage, through acceleration because of a default under the mortgage,
a mortgagor may reinstate the mortgage as provided herein. Reinstatement
is effected by curing all defaults then existing, other than payment of
such portion of the principal which would not have been due had no
acceleration occurred, and by paying all costs and expenses required by the
mortgage to be paid in the event of such defaults, provided that such cure
and payment are made prior to the expiration of 90 days 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. When service is made by publication, the first
date of publication shall be used for the calculation. Upon such reinstatement of
the mortgage, the foreclosure and any other proceedings for the collection
or enforcement of the obligation secured by the mortgage shall be dismissed
and the mortgage documents shall remain in full force and effect as if no
acceleration or default had occurred. The relief granted by this Section
shall not be exhausted by a single use thereof, but if the
court has made an express written finding that the mortgagor has exercised
its right to reinstate pursuant to this Section, such relief shall not be
again available to the mortgagor under the same mortgage for a period of
five years from the date of the dismissal of such foreclosure. The
provisions of Section 9-110 of the Code of Civil Procedure shall be
inapplicable with respect to any
instrument which is deemed a mortgage under this Article. The court may
enter a judgment of foreclosure prior to the expiration of the
reinstatement period, subject to the right of the mortgagor to reinstate
the mortgage under this Section.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1603) (from Ch. 110, par. 15-1603)
Sec. 15-1603.
Redemption.
(a) Owner of Redemption. Except as
provided in subsection (b) of Section 15-1402, only an owner of redemption
may redeem from the foreclosure, and such owner of redemption may redeem
only during the redemption period specified in subsection (b) of Section
15-1603 and only if the right of redemption has not been validly waived.
(b) Redemption Period.
(1) In the foreclosure of a mortgage of real estate | ||
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(2) In all other foreclosures, the redemption period | ||
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(3) Notwithstanding paragraphs (1) and (2), the | ||
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(4) Notwithstanding paragraphs (1) and (2), the | ||
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(c) Extension of Redemption Period.
(1) Once expired, the right of redemption provided | ||
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(2) If a court has the authority to stay, and does | ||
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(d) Amount Required to Redeem. The amount required to redeem shall be the sum of:
(1) The amount specified in the judgment of | ||
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(2) The amount of other expenses authorized by the | ||
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(e) Notice of Intent to Redeem. An owner of redemption who intends to
redeem shall give written notice of such intent to redeem to the
mortgagee's attorney of record specifying the date designated for
redemption and the current address of the owner of redemption for purposes
of receiving notice. Such owner of redemption shall file with the clerk of
the court a certification of the giving of such notice. The notice of
intent to redeem must be received by the mortgagee's attorney at least 15
days (other than Saturday, Sunday or court holiday) prior to the date
designated for redemption. The mortgagee shall thereupon file with the
clerk of the court and shall give written notice to the owner of redemption
at least three days (other than Saturday, Sunday or court holiday) before
the date designated for redemption a certification,
accompanied by copies of paid receipts or appropriate affidavits, of
any expenses authorized in paragraph (2) of subsection (d) of Section
15-1603. If the mortgagee fails
to serve such certification within the time specified herein, then the owner
of redemption intending to redeem may redeem on the date designated for
redemption in the notice of intent to redeem, and the mortgagee shall not
be entitled to payment of any expenses authorized in paragraph (2) of
subsection (d) of Section 15-1603.
(f) Procedure for Redemption.
(1) An owner of redemption may redeem the real estate | ||
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(2) If the mortgagee refuses to accept payment or if | ||
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(3) Upon payment to the clerk, whether or not the | ||
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(g) Procedure Upon Objection. If an objection is filed by an owner of
redemption in accordance with paragraph (2) of subsection (f) of Section
15-1603, the clerk shall hold the amount to which the objection pertains
until the court orders distribution of those funds. The court shall hold a
hearing promptly to determine the distribution of any funds held by the
clerk pursuant to such objection. Each party shall pay its own costs and
expenses in connection with any objection, including attorneys' fees,
subject to Section 2-611 of the Code of Civil Procedure.
(h) Failure to Redeem. Unless the real estate being foreclosed is redeemed
from the foreclosure, it shall be sold as provided in this Article.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1603.5) Sec. 15-1603.5. Strict foreclosure of an omitted subordinate interest. (a) As used in this Section, "omitted subordinate interest" means a recorded subordinate interest in real estate where: (1) the real estate is the subject of a foreclosure | ||
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(2) a motion to confirm judicial sale under | ||
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(3) the interest attached to the real estate prior to | ||
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(4) the person who has the interest was not named in | ||
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(b) The holder of the certificate of sale or any person who acquired title pursuant to Section 15-1509 or any subsequent successor, assignee, transferee, or grantee who discovers an omitted subordinate interest may file a strict foreclosure complaint naming the person who has the omitted subordinate interest as the defendant. A complaint filed under this Section must include substantially the following: (1) the identity of the plaintiff and how the | ||
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(2) the docket number of the prior foreclosure action | ||
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(3) the legal description, common address, and parcel | ||
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(4) the recording number and a copy of the recorded | ||
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(5) the amount of the successful bid at the | ||
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(6) an allegation that, due to inadvertence or | ||
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(7) a request for relief setting forth the | ||
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(c) Subject to the objection of the defendant, the court shall enter a judgment extinguishing the omitted subordinate interest. (d) If the defendant objects to the entry of the judgment, the court, after a hearing, shall enter an order providing either: (1) that the defendant has not agreed to pay the | ||
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(2) that the defendant has agreed to pay the amount | ||
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(e) The amount required to redeem shall be the sum bid at the prior foreclosure sale plus any costs and fees incurred subsequent to the sale for the payment of taxes, preservation of the property, or any other actions taken by the holder of the certificate of sale to protect its interest in the property. The amount required to redeem shall not include any costs or fees incurred by the plaintiff in the strict foreclosure case filed under this Section. The order shall state that upon payment of the redemption amount within the redemption period, which shall extend 30 days after the entry of the order, title to the real estate shall vest in the defendant who redeems pursuant to this Section. If the defendant subject to the order has not paid the amount required to redeem within the 30-day redemption period, the interest of the defendant in the property is terminated. (f) A person whose omitted subordinate interest was not terminated by a prior foreclosure action does not have a right to file a strict foreclosure action. (g) Notwithstanding that the person's omitted subordinate interest in the real estate has been terminated pursuant to this Section, nothing in this Section shall be construed to extinguish or impair any claim of such person in the surplus proceeds of a sale held or distributed pursuant to subsection (d) of Section 15-1512 of this Code after the confirmation of the sale of the real estate for which such person had an omitted subordinate interest.
(Source: P.A. 98-1099, eff. 8-26-14.) |
(735 ILCS 5/15-1604) (from Ch. 110, par. 15-1604)
Sec. 15-1604.
Special Right to Redeem.
(a) Circumstances. With
respect to residential real estate, if (i) the purchaser at the sale was a
mortgagee who was a party to the foreclosure or its nominee and (ii) the
sale price was less than the amount specified in subsection (d) of Section
15-1603, then, and only in such circumstances, an owner of redemption as
specified in subsection (a) of Section 15-1603 shall have a special right
to redeem, for a period ending 30 days after the date the sale is
confirmed, by paying to the mortgagee (i) the sale price, (ii) all additional
costs and expenses incurred by the mortgagee set forth in the report of
sale and confirmed by the court, and (iii) interest at the statutory
judgment rate from the date the purchase price was paid or credited as an offset.
(b) Procedure. Upon receipt of such amount, the mortgagee shall assign
to the redeeming owner of redemption its certificate of
sale or its right to such certificate or to a deed. The mortgagee shall
give to the redeeming owner of redemption an executed duplicate of such
assignment, marked "Duplicate", which duplicate the owner of redemption
shall file with the court. If a deed has been issued to the mortgagee
or its nominee, the holder of such deed, or such holder's successor in
title, shall execute and deliver a deed conveying the
mortgaged real estate to
the redeeming owner of redemption subject only to those encumbrances that
would normally arise on title if a redemption were made under Section
15-1603, including a deficiency, if any, resulting from the foreclosure
sale. Nothing contained herein shall affect the right to a personal or in
rem deficiency judgment, and enforcement thereof shall be allowed as provided
by law. Any deficiency judgment shall retain the same priority on title as did
the mortgage from which it arose. The mortgagee, its nominee or its
successors in title shall not permit encumbrances on title arising on or
after the date of the deed to the
mortgagee or nominee caused by or relating
to the mortgagee or its nominee or its successors in title.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1605) (from Ch. 110, par. 15-1605)
Sec. 15-1605.
Equitable Right of Redemption.
No equitable right of
redemption shall exist or be enforceable under or with respect to a
mortgage after a judicial sale of the mortgaged real estate pursuant to
Section 15-1507 or after entry of a judgment of foreclosure pursuant to
Sections 15-1402 or 15-1403.
(Source: P.A. 84-1462.)
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(735 ILCS 5/Art. XV Pt. 17 heading) Part 17.
Possession During Foreclosure
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(735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
Sec. 15-1701. Right to possession.
(a) General. The provisions of
this Article shall govern the right to possession of the mortgaged real
estate during foreclosure. Possession under this Article includes physical
possession of the mortgaged real estate to the same extent to which the
mortgagor, absent the foreclosure, would have been entitled to physical
possession. For the purposes of Part 17, real estate is residential real estate
only if it is residential real estate at the time the foreclosure is commenced.
(b) Pre-Judgment. Prior to the entry of a judgment of foreclosure:
(1) In the case of residential real estate, the | ||
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(2) In all other cases, if (i) the mortgagee is so | ||
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(c) Judgment Through 30 Days After Sale Confirmation. After the entry
of a judgment of foreclosure and through the 30th day after a foreclosure
sale is confirmed:
(1) Subsection (b) of Section 15-1701 shall be | ||
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(2) Notwithstanding paragraph (1) of subsection (b) | ||
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(d) After 30 Days After Sale Confirmation. The holder of
the certificate of sale or deed issued pursuant to that certificate or, if
no certificate or deed was issued, the purchaser, except to the extent the
holder or purchaser may consent otherwise, shall be entitled to possession of
the mortgaged real estate, as of the date 30 days after the order confirming
the sale is entered, against those parties to the foreclosure whose interests
the court has ordered terminated, without further notice to any party, further
order of the court, or resort to proceedings under any other statute other than
this Article.
This right to possession shall be limited by the provisions
governing entering and enforcing orders of possession under subsection (g) of
Section
15-1508.
If the holder or purchaser determines that there are occupants
of the mortgaged real estate who have not been made parties to the foreclosure
and had their interests terminated therein, the holder or purchaser may bring an eviction
proceeding under subsection (h) of this Section, if applicable, or under Article IX of this Code
to terminate the rights of possession of any such occupants. The holder or
purchaser shall not be entitled to proceed against any such occupant under
Article IX of this Code until after 30 days after the order confirming the sale
is entered.
(e) Termination of Leases. A lease of all or any part of the mortgaged
real estate shall not be terminated automatically solely by virtue of the entry
into possession by (i) a mortgagee or receiver prior to the entry of an order
confirming the sale, (ii) the holder of the certificate of sale, (iii) the
holder of the deed issued pursuant to that certificate, or (iv) if no
certificate or deed was issued, the purchaser at the sale.
(f) Other Statutes; Instruments. The provisions of this Article
providing for possession of mortgaged real estate shall supersede any other
inconsistent statutory provisions. In particular, and without limitation,
whenever a receiver is sought to be appointed in any action in which a
foreclosure is also pending, a receiver shall be appointed only in
accordance with this Article. Except as may be authorized by this Article,
no mortgage or other instrument may modify or supersede the provisions of this
Article.
(g) Certain Leases. Leases of the mortgaged real estate entered into by
a mortgagee in possession or a receiver and approved by the court in a
foreclosure shall be binding on all parties, including the mortgagor after
redemption, the purchaser at a sale pursuant to a judgment of foreclosure
and any person acquiring an interest in the mortgaged real estate after
entry of a judgment of foreclosure in accordance with Sections 15-1402 and
15-1403.
(h) Proceedings Against Certain Occupants.
(1) The mortgagee-in-possession of the mortgaged real | ||
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(2) The supplemental eviction petition shall name | ||
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(3) The petitioner shall serve upon each named | ||
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(4) The supplemental petition shall be heard as part | ||
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(5) In a case of foreclosure where the occupant is | ||
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(6) The court records relating to a supplemental | ||
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(i) Termination of bona fide leases. The holder of the certificate of sale, the holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at the sale shall not terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure except pursuant to Article IX of this Code.(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/15-1702) (from Ch. 110, par. 15-1702)
Sec. 15-1702.
Specific Rules of Possession.
(a) Mortgagee's Rights. No
mortgagee shall be required to take possession of the mortgaged real
estate, whether upon application made by any other party or otherwise.
Whenever a mortgagee entitled to possession so requests, the court shall
appoint a receiver. The failure of a mortgagee to request possession or
appointment of a receiver shall not preclude a mortgagee otherwise entitled
to possession from making such a request at any future time.
The appointment of a receiver shall not preclude a mortgagee from thereafter
seeking to exercise such mortgagee's right to be placed in possession.
(b) Designation of Receivers. Whenever a receiver is to be appointed,
the mortgagee shall be entitled to designate the receiver. If the mortgagor or
any other party to the foreclosure objects to any such designation
or designations and shows good cause, or the court disapproves the
designee, the mortgagee in such instance shall
be entitled to make another designation.
(c) Rights of Mortgagee Having Priority. If a mortgagee having priority
objects to the proposed possession by a subordinate mortgagee or by a receiver
designated by the subordinate mortgagee, upon entry of a finding in accordance
with subsection (d) of Section 15-1702 the court shall instead place that
objecting mortgagee in possession or, if a receiver is to be designated in
accordance with subsection (b) of Section 15-1702, allow the designation of
the receiver to be made by that objecting mortgagee.
(d) Removal of Mortgagee in Possession. A mortgagee placed in possession
shall not be removed from possession, and no receiver or other mortgagee
shall be placed in possession except upon (i) the mortgagee's misconduct,
death, legal disability or other inability to act, (ii) appointment of a
receiver in accordance with subsection (a) of Section 15-1704 or (iii) a
showing of good cause by a mortgagee having priority. A receiver shall not
be removed solely on account of being designated by a mortgagee later
determined not to have priority.
(e) Determination of Priority. If the court is required to determine
priority for the purposes of subsection (c) of Section 15-1702, a new
determination shall be made each time a mortgagee is to be placed in
possession or a receiver is to be appointed and shall be an interim
determination which shall not preclude the court from making a contrary
determination later in the foreclosure. If the court subsequently shall
make such a contrary determination, a mortgagee in possession or acting
receiver shall not be removed except in accordance with Part 17 of this Article.
(f) Rights to Crops. With respect to any crops growing or to be grown
on the mortgaged real estate, the rights of a holder of any obligation
secured by a collateral assignment of beneficial interest in a land trust,
the rights of a mortgagee in possession, or the rights of a receiver,
including rights by virtue of an equitable lien, shall be subject to a
security interest properly perfected pursuant to
Article 9 of the Uniform Commercial Code, where the holder of a
collateral assignment, mortgagee in possession, or receiver becomes
entitled to crops by obtaining possession on or after the effective date of
this Amendatory Act of 1988.
(Source: P.A. 85-1427.)
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(735 ILCS 5/15-1703) (from Ch. 110, par. 15-1703)
Sec. 15-1703. Mortgagee in Possession. (a) Powers and Duties. A mortgagee
placed in possession of the real estate pursuant to Section 15-1701 or Section
15-1702 shall have:
(1) such power and authority with respect to the real | ||
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(2) all other rights and privileges of a mortgagee in | ||
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(3) the same powers, duties and liabilities as a | ||
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(a-5) Notice to occupants. (1) Following the order placing the mortgagee in | ||
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(2) Following the order placing the mortgagee in | ||
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(i) identify the occupant being served by the | ||
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(ii) inform the occupant that the mortgaged real | ||
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(iii) provide the name, address, and telephone | ||
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(iv) include the following language, or language | ||
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(v) include the name of the case, the case | ||
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(vi) provide instructions on the method of | ||
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(3) The written notice required by item (2) of this | ||
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(4) In the event that a mortgagee in possession | ||
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(5)(i) A mortgagee in possession who fails to comply | ||
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(ii) An occupant who previously paid rent for the | ||
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(6) Within 21 days of the order placing the mortgagee | ||
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(i) inform occupant that the dwelling unit is the | ||
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(ii) include the following language: "This is NOT | ||
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(iii) provide the name, address, and telephone | ||
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(iv) provide instructions on the method of | ||
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(7)(i) The provisions of item (5) of this subsection | ||
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(ii) This Section shall not abrogate any right that a | ||
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(b) Fees and Expenses. A mortgagee in possession shall not be entitled
to any fees for so acting, but shall be entitled to reimbursement for
reasonable costs, expenses and third party management fees incurred in
connection with such possession.
(Source: P.A. 98-514, eff. 11-19-13.)
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(735 ILCS 5/15-1704) (from Ch. 110, par. 15-1704)
Sec. 15-1704. Receivers. (a) Receiver. Notwithstanding the
provisions of subsections (b), (c) and (d) of Section 15-1701, and except
as provided in Section 15-1702, upon request of any party and a showing of
good cause, the court shall appoint a receiver for the mortgaged real estate.
(b) Powers. A receiver appointed pursuant to this Article shall have
possession of the mortgaged real estate and other property subject to the
mortgage during the foreclosure, shall have full power and authority to
operate, manage and conserve such property, and shall have all the usual
powers of receivers in like cases. Without limiting the foregoing, a
receiver shall have the power and authority to:
(1) secure tenants and execute leases for the real | ||
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(2) collect the rents, issues and profits from the | ||
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(3) insure the mortgaged real estate against loss by | ||
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(4) employ counsel, custodians, janitors and other | ||
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(5) pay taxes which may have been or may be levied | ||
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(c) Duties. A receiver appointed pursuant to this Article must manage
the mortgaged real estate as would a prudent person, taking into account
the effect of the receiver's management on the interest of the mortgagor.
A receiver may, without an order of the court, delegate managerial
functions to a person in the business of managing real estate of the kind
involved who is financially responsible, not related to the mortgagee or
receiver and prudently selected. However, the receiver
shall remain responsible to the mortgagor or other
persons for the acts or omissions of such management agent. When fees are
paid to such a management agent, the receiver's fees may be adjusted to the
extent the court deems appropriate. In managing the mortgaged real estate
and other property subject to the mortgage,
a receiver or receiver's delegate, to the extent the receiver receives
sufficient receipts from the mortgaged real estate, such other property or
other sources, except to the extent ordered otherwise by the court:
(1) shall maintain the existing casualty and | ||
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(2) shall use reasonable efforts to maintain the real | ||
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(2.5) shall accept all rental payments from an | ||
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(3) shall apply receipts to payment of ordinary | ||
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(4) shall pay any shared or common expense | ||
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(5) may pay the amounts due under any mortgage if the | ||
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(6) may carry such additional casualty and liability | ||
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(7) may make other repairs and improvements necessary | ||
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(8) may hold receipts as reserves reasonably required | ||
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(9) may take such other actions as may be reasonably | ||
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(d) Allocation of Receipts. Receipts received from operation of the
real estate and other property subject to the mortgage by the receiver
shall be applied in the following order of priority.
(1) to reimbursement of the receiver for all | ||
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(2) to payment of insurance premiums authorized in | ||
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(3) to payment of the receiver's delegates of any | ||
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(4) to payment of receiver's fees allowed by the | ||
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(5) to payment of expenses authorized in paragraphs | ||
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(6) to payment of amounts authorized in paragraph (5) | ||
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(7) to payment of expenses authorized in paragraphs | ||
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(8) the balance, if any, shall be held or disbursed | ||
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(e) Non-Liability for Allocations. A receiver shall in no event be
liable to any person for the allocation of, or failure to allocate,
receipts to possible expenditures within the same priority category.
(f) Notice to occupants. (1) Following an order appointing a receiver pursuant | ||
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(2) Following an order appointing a receiver pursuant | ||
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(i) identify the occupant being served by the | ||
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(ii) inform the occupant that the mortgaged real | ||
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(iii) provide the name, address, and telephone | ||
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(iv) include the following language, or language | ||
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(v) include the name of the case, the case | ||
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(vi) provide instructions on the method of | ||
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(3) The written notice required by item (2) of this | ||
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(4) In the event that a receiver ascertains the | ||
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(5)(i) A receiver who fails to comply with items (1), | ||
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(ii) An occupant who previously paid rent for the | ||
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(6) Within 21 days of appointment, the receiver shall | ||
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(i) inform occupant that the dwelling unit is the | ||
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(ii) include the following language: "This is NOT | ||
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(iii) provide the name, address, and telephone | ||
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(iv) provide instructions on the method of | ||
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(7)(i) The provisions of item (5) of this subsection | ||
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(ii) This Section shall not abrogate any right that a | ||
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(g) Increase of rents. Notwithstanding any other provision of this Article, a receiver shall not charge an occupant of the mortgaged real estate a rental amount above that which the occupant had been paying for use and occupancy of the mortgaged real estate prior to the appointment of a receiver without leave of court. The court may allow an increase of rent if, upon motion by the receiver, the court finds by a preponderance of the evidence, that the increase of rent is necessary to operate, manage, and conserve the mortgaged real estate pursuant to this Section. A list of the current rents for each unit in the mortgaged real estate, and a list of the proposed rent increase for each of those units, must be attached to a motion for a rent increase under this subsection (g). All occupants of the mortgaged real estate who may be affected by the motion for a rent increase, if not otherwise entitled to notice, shall be notified in writing of the nature of the motion, the date and time of the motion, and the court where the motion will be heard. Such notice shall be by personal service or first-class mail. In the event that the receiver and an occupant of a dwelling unit agree to a rent increase for that dwelling unit, the receiver is excused from the requirements of this subsection (g) as to that dwelling unit. Nothing in this subsection (g) shall alter the terms of any lease agreement. (h) Removal. The court may remove a receiver upon a showing of good
cause, in which case a new receiver may be appointed in accordance with
subsection (b) of Section 15-1702 and subsection (a) of Section 15-1704.
(Source: P.A. 98-514, eff. 11-19-13.)
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(735 ILCS 5/15-1705) (from Ch. 110, par. 15-1705)
Sec. 15-1705.
Bond.
(a) Mortgagee in Possession. Upon good cause shown
after notice and hearing, the court may require that a mortgagee in
possession give bond to other parties to account for what shall come into
the mortgagee's possession by virtue of taking possession of the mortgaged
real estate and for the acts of such mortgagee. The bond shall be in such
reasonable amount, form and with such surety as may be required by the court.
(b) Receiver. When a receiver is appointed, bond may be required in
accordance with Section 2-415 of the Code of Civil Procedure.
(c) Corporations. Notwithstanding the provisions of subsections (a) and
(b) of Section 15-1705, a corporation qualified to administer trusts in
this State that is acting as a mortgagee in possession or receiver shall
not be required to give bond other than appeal bonds.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1706) (from Ch. 110, par. 15-1706)
Sec. 15-1706.
Possession.
(a) Request. A request that the mortgagee be
placed in possession or that a receiver be appointed may be made by motion,
whether or not such request is included in the complaint or other pleading.
Any such request shall be supported by affidavit or other sworn pleading.
(b) Meaning of Request. A request in a motion or in the complaint
or other pleading that the mortgagee be placed in possession or that a
receiver be appointed shall be construed to mean a mortgagee placed in
possession or a receiver appointed in accordance with, and with powers and
duties specified by, Part 17 of this Article.
(c) Hearing. After reasonable notice has been given to all other
parties, the court shall promptly hold a hearing and promptly rule on a
request that a mortgagee be placed in possession or that a receiver be
appointed, except that, if no objection to the request is made prior to the
time specified for the hearing, the court shall rule without a hearing.
(d) Reasonable Notice. For the purposes of subsection (c) of Section
15-1706, notice shall be reasonable if given as much in advance of the
hearing as notice of motions generally is required to be given under
applicable court rules, and if served in the same manner as motions
generally are served; except, if the mortgagor has not been served with the
complaint, the mortgagor must be served in the same manner as required for
service of process. Notwithstanding anything in the foregoing sentence to
the contrary, except with respect to the mortgagor of residential real
estate which has not been abandoned, the court may rule without service on
a party, if the party is in default or if the party making the request
shows good cause by affidavit or other sworn evidence. If the mortgagor is
not served prior to the hearing, he shall be given notice of the hearing to
the same extent as applicable court rules may provide for post-hearing
notice of emergency and ex parte motions.
(Source: P.A. 84-1462.)
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(735 ILCS 5/Art. XVI heading) ARTICLE XVI
NE EXEAT
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(735 ILCS 5/16-101) (from Ch. 110, par. 16-101)
Sec. 16-101.
Availability of remedy.
Relief by ne exeat republica may
be granted,
in cases where the debt or claim is not actually due, but exists fairly
and bona fide in expectancy at the time of making application, and in
cases where the claim is due; and it is not necessary, to
authorize the granting of such relief by ne exeat, that the applicant
show that his or her debt or claim is purely of an equitable character.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-102) (from Ch. 110, par. 16-102)
Sec. 16-102.
In favor of co-obligors or co-debtors.
In case of joint,
or joint and several obligors or debtors,
if one or more of them is about to remove outside of the jurisdictional
limits of this State, taking their property with them, leaving one or
more co-obligors or co-debtors bound with them for the payment of any
sum of money, or for the delivery of any article of property, or for the
conveyance of land at a certain time, which time has not arrived
at the time of such intended removal, such co-obligor or co-debtor who
remains is entitled, upon application, to relief by ne exeat, to
compel the co-obligor or co-debtor who is about to remove to secure the
payment of his or her part of the sum to be paid, or of the delivery of the
property, or to convey, or to join in the conveyance of the land.
In cases of security, the relief by ne exeat may be granted, on application of
a security, against the principal or co-security, when the obligation or
debt is not yet due, and the principal or co-security is about
removing out of the State.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-103) (from Ch. 110, par. 16-103)
Sec. 16-103.
Venue.
Where ne exeat proceedings are
ancillary to any other action or proceeding, the venue shall be the same
as that of the main action or proceeding.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-104) (from Ch. 110, par. 16-104)
Sec. 16-104.
Complaint or petition - Bond.
No relief by ne exeat shall
be granted but upon complaint or
petition filed, and affidavit to the truth of the allegation therein
contained. Upon the granting of such relief the court shall
enter an order stating in what
penalty bond and security shall be required of the defendant or respondent.
The court shall also require the plaintiff or petitioner, before a certified
copy of the ne exeat order is issued by the clerk, bond with good and sufficient
surety, in such sum as
the court shall deem proper, conditioned that the
plaintiff or petitioner will prosecute the complaint or petition with effect,
and will reimburse to the defendant or respondent such damages and costs as shall be
wrongfully sustained by occasion of the granting of the relief by ne exeat.
If any defendant or respondent to any such relief by ne exeat is
damaged, he or she may bring an action on such bond; and, if, on trial,
it is determined by the court that
such relief by ne exeat was applied for without just cause,
the person affected shall recover damages, to be assessed as in other
cases on penal bonds.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-105) (from Ch. 110, par. 16-105)
Sec. 16-105.
Limited to matters which are germane.
No matters not
germane to the distinctive purpose of the
proceeding shall be introduced by joinder, counterclaim or otherwise.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-106) (from Ch. 110, par. 16-106)
Sec. 16-106.
Orders returnable.
All orders for ne exeat shall be returnable
to the clerk of the court which entered the orders.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-107) (from Ch. 110, par. 16-107)
Sec. 16-107.
Service of order - Bond.
The order for ne exeat shall
require the defendant to file his or her answer or otherwise plead within
a time designated in the order, and, upon a certified copy of the order
being served upon
the defendant he or she shall give bond, with surety in the sum specified in
such order, conditioned that he or she will not depart the State without leave
of the court, and that he or she will render himself or herself to answer any
judgment which the court may enter against him or her; and in default of
giving such security, he or she may be committed to a penal institution other
than the penitentiary, as in other cases, for the want of bail. No
temporary departure from the State shall be considered as a breach of
the condition of the bond, if he or she returns before personal appearance is
necessary to answer or comply with any judgment or order of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-108) (from Ch. 110, par. 16-108)
Sec. 16-108.
Surrender of defendant.
The surety in any bond for the defendant may,
at any time before the bond is forfeited, surrender the
defendant, in exoneration of himself or herself, in the same manner that bail may
surrender their principal, and obtain the same discharge.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-109) (from Ch. 110, par. 16-109)
Sec. 16-109.
Proceedings after service of order.
On the return of the order for ne exeat, if it was
duly served, the court shall proceed therein as in other cases where
equitable relief is sought, if the time of performance of the duty or
obligation of the defendant has expired; if not, then the proceedings
shall be stayed until it has expired.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-110) (from Ch. 110, par. 16-110)
Sec. 16-110.
Vacating order.
Nothing contained in Section 16-109 of
this Act shall prevent the
court from proceeding at any time to determine whether the order for ne exeat ought
not to be vacated.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-111) (from Ch. 110, par. 16-111)
Sec. 16-111.
Seeking wrong remedy not fatal.
Where relief is sought under Article XVI of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff or petitioner has pleaded or established facts which
entitle him or her to relief but that he or she has sought the wrong remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff or petitioner is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant or respondent to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff or petitioner to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XVII heading) ARTICLE XVII
PARTITION
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(735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
Sec. 17-101. Compelling partition. When lands, tenements, or hereditaments
are held in joint
tenancy or tenancy in common, other than in accordance with the Uniform Partition of Heirs Property Act, or other form of co-ownership and regardless of whether any or all of the claimants are
minors or adults, any one or more of the persons interested therein
may compel a partition thereof by a verified complaint in the circuit court of
the
county where the premises or part of the premises are situated.
If lands, tenements or hereditaments held in joint tenancy or tenancy in
common are situated in 2 or more counties, the venue may be in any one
of such counties, and the circuit court of any such county first
acquiring jurisdiction shall retain sole and exclusive jurisdiction.
Ownership of an interest in the surface of lands, tenements, or
hereditaments by a co-owner of an interest in minerals underlying
the surface does not prevent partition of the mineral estate.
This amendatory Act of the 92nd General Assembly is a declaration
of existing law and is intended to remove any possible conflicts or
ambiguities, thereby confirming existing law pertinent to the
partition of interests in minerals and applies to all actions for the
partition of minerals now pending or filed on or after the effective
date of this amendatory Act of the 92nd General Assembly.
Nothing in this amendatory Act of the 92nd General Assembly shall be
construed as allowing an owner of a mineral interest in coal to mine and
remove the coal by the surface method of mining without first obtaining the
consent of all of the owners of the surface to the mining and removal of coal
by the
surface method of mining. Ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. The ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-102) (from Ch. 110, par. 17-102)
Sec. 17-102. Complaint. The verified complaint shall particularly describe the premises sought to be
divided, and shall set forth the interests of all parties interested
therein, so far as the same are known to the plaintiffs, including
tenants for years or for life, and of all persons entitled to the
reversion, remainder or inheritance, and of every person who, upon any
contingency, may be or become entitled to any beneficial interest in the
premises, so far as the same are known to the plaintiffs, and shall ask
for the division and partition of the premises according to the
respective rights of the parties interested therein, or in accordance with the Uniform Partition of Heirs Property Act.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-103) (from Ch. 110, par. 17-103)
Sec. 17-103.
Parties defendant.
Every person having any interest, whether
in possession or
otherwise, who is not a plaintiff shall be made a defendant in such
complaint.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-104) (from Ch. 110, par. 17-104)
Sec. 17-104.
Unknown parties.
When there are any persons interested
in the premises whose
names are unknown, or the share or quantity of interest of any of the
parties is unknown to the plaintiff, or such share or interest is
uncertain or contingent, or the ownership of the inheritance depends
upon an executory devise, or the remainder is contingent, so that such
parties cannot be named, it shall be so stated in the verified complaint.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-105) (from Ch. 110, par. 17-105)
Sec. 17-105. Judgment. The court shall ascertain and declare the rights, titles and
interest of all the parties in such action, the plaintiffs as well as the
defendants, and shall enter judgment according to the rights of the
parties. After entry of judgment adjudicating the rights, titles, and interests of the parties, the court upon further hearing shall determine whether or not the premises or any part thereof can be divided among the parties without manifest prejudice to the parties in interest. If the court finds that a division can be made, then the court shall enter further judgment fairly and impartially dividing the premises among the parties with or without owelty. If the court finds that the whole or any part of the premises sought to be partitioned cannot be divided without manifest prejudice to the owners thereof and is not governed by the Uniform Partition of Heirs Property Act, then the court shall order the premises not susceptible of division to be sold at public sale in such manner and upon such terms and notice of sale as the court directs. If the court orders the sale of the premises or any part thereof, the court shall fix the value of the premises to be sold. No sale may be approved for less than two-thirds of the total amount of the valuation of the premises to be sold. If it appears to the court that any of the premises will not sell for two-thirds of the amount of the valuation thereof, the court upon further hearing may either revalue the premise and approve the sale or order a new sale.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-106) (from Ch. 110, par. 17-106)
Sec. 17-106. Appointment of commissioner and surveyor.
The court in its discretion, sua sponte, or on the motion of any interested party, must appoint a disinterested commissioner who, subject to direction by the court, shall report to the court in writing under oath as to whether or not the premises are subject to division without manifest prejudice to the rights of the parties and, if so, report how the division may be made. The court may authorize the employment of a surveyor to carry out or assist in the division of the premises. The fees and expenses of the commissioner and of the surveyor and the person making the sale shall be taxed as costs in the proceedings.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-107) (from Ch. 110, par. 17-107)
Sec. 17-107.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-108) (from Ch. 110, par. 17-108)
Sec. 17-108.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-109) (from Ch. 110, par. 17-109)
Sec. 17-109.
(Repealed).
(Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-110) (from Ch. 110, par. 17-110)
Sec. 17-110.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-111) (from Ch. 110, par. 17-111)
Sec. 17-111.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-112) (from Ch. 110, par. 17-112)
Sec. 17-112. Homestead. If any party to the action is entitled to an estate of homestead in the
premises, or any part thereof, and the homestead has not been set off,
the homestead may be set off by the court; and if the court
so directs, the premises so allotted or set off may be partitioned
among the claimants, subject thereto.
(Source: P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-113) (from Ch. 110, par. 17-113)
Sec. 17-113.
Election as to shares.
Several parties interested in the
premises may, if they
so elect, have their shares set off together or in severalty.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-114) (from Ch. 110, par. 17-114)
Sec. 17-114.
Liens.
A person having a mortgage, attachment, or other lien on
the share of a part owner shall be concluded by the judgment of
partition so far as it relates to the partition and the assignment of the
shares, but his or her lien shall remain in full force upon the part assigned
to or left for such part owner.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-115) (from Ch. 110, par. 17-115)
Sec. 17-115.
Eviction by person with better title.
If a person to whom
any share has been allotted is evicted
by a person who, at the time of the partition, had a title older and
better than the title of those who were parties to the action, the person
evicted may have a new partition of the residue as if no partition had
been made, if such new partition can be justly made, or he or she may have
contribution from the others, so as to make his or her share just and
proportional with the others, according to the rights in the premises.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-116) (from Ch. 110, par. 17-116)
Sec. 17-116.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-117) (from Ch. 110, par. 17-117)
Sec. 17-117.
(Repealed).
(Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-118) (from Ch. 110, par. 17-118)
Sec. 17-118.
Report of sale - Conveyances.
The officer making such
sale shall, within 10 days
thereafter, file a report of his or her action in the office of the clerk of the
court ordering such sale. The court may approve the report and confirm
the sale reported if no objections have been filed or may disapprove the
sale and order the real estate to be resold; if objections have been
filed to the report, the court may at once proceed to hear such
objections and sustain or overrule them.
Upon confirmation of the sale, the person making the sale or some
person specially appointed shall execute and deliver to the purchaser
proper conveyances, taking in case of sale on credit, security as
required by the judgment. These conveyances shall operate as an
effectual bar against all parties and privies to the proceedings and all
persons claiming under them.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-119) (from Ch. 110, par. 17-119)
Sec. 17-119.
Distribution of proceeds.
Upon the approval of the report
by the court, the proceeds of the sale
shall be distributed by the person making the sale, as directed by the
court, to the persons entitled thereto, according to their interests,
or, in appropriate cases, to the persons and in the amounts and manner
as now or hereafter provided in the applicable sections of the Probate
Act of 1975, as amended, relating to small estates.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-120) (from Ch. 110, par. 17-120)
Sec. 17-120.
Life estate or homestead.
In case of sale the court may,
with the consent of the person
entitled to an estate for life, or for years, or of homestead, to the
whole or any part of the premises, who is a party in the action, sell such
estate with the rest. Such consent shall be in writing, signed by
such person, and filed in the court wherein the proceedings for
partition are pending.
If such persons are incapable of giving consent, the court may
determine, taking into consideration the interests of all parties, whether such
estate ought to be excluded from the sale or sold.
When such interest is sold, the value thereof may be ascertained
and paid over in gross, or the proper proportion of the funds invested,
and the income paid over to the party entitled thereto, during the
continuance of the estate.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-121) (from Ch. 110, par. 17-121)
Sec. 17-121.
Unknown owners.
If the person entitled to any estate is
unknown, the court
may determine whether the estate shall be sold or not, as in case of
persons under disability, and in the event of sale, make such order for
the protection of the rights of such person, in the same manner, as far
as may be, as if the person were known and had appeared.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-122) (from Ch. 110, par. 17-122)
Sec. 17-122.
Deposit of proceeds of sale.
When a sale of premises is
made, and no person appears to
claim such portion of the money as may belong to any non-resident or
person whose name is unknown, the court shall require such money to be
deposited in the county treasury, subject to the further order of the
court. All money so required to be deposited shall be received by the
county treasurer and paid upon the order of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-123) (from Ch. 110, par. 17-123)
Sec. 17-123.
Application for deposited money.
When money is so deposited
in the county treasury, the
person or persons entitled to the same, may at any time apply to the
court making the order of sale and obtain an order for the same upon
making satisfactory proof to the court of his or her right thereto.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-124) (from Ch. 110, par. 17-124)
Sec. 17-124.
Vesting title.
In all actions for the partition of real
estate, the court may: investigate and determine all questions of conflicting
or controverted titles, and remove clouds upon the titles to any of the
premises sought to be partitioned; vest titles, by its order, in the
parties to whom the premises are allotted, without the forms of
conveyances by minors or unknown heirs or other parties to the action;
order a sale of the premises for the purpose of dividing the premises in
proper cases, and by its order, vest the purchaser with title, and
apportion incumbrances among the parties to whom the incumbered premises
are allotted.
(Source: P.A. 84-1308.)
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(735 ILCS 5/17-125) (from Ch. 110, par. 17-125)
Sec. 17-125.
Costs.
In all proceedings for the partition of real estate, when
the rights and interests of all the parties in interest are properly set
forth in the complaint, the court shall apportion the costs among the
parties in interest in the action, including the necessary expense of
procuring such evidence of title to the real estate as is usual and
customary for making sales of real estate, and a reasonable fee for
plaintiff's attorney, so that each party shall pay his or her equitable
portion thereof, unless the defendants, or some of them, interpose
a good and substantial defense to the complaint. In such case the party
or parties making such substantial defense shall recover their costs
against the plaintiff according to justice and equity.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-126) (from Ch. 110, par. 17-126)
Sec. 17-126.
Adjustment of rights after judgment.
In any case where,
after judgment of partition, and before
division or sale is had (as the case may be), the parties in interest
adjust the respective rights among themselves so that further
proceedings leading to such actual division or sale become unnecessary,
an order shall be entered terminating further proceedings, whereupon
the judgment of partition shall remain in full force and effect to
determine the rights and interests of the parties as adjudicated
therein, and there shall be no judicial division or sale of the
premises, rights or interests pursuant to such judgment.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-127) (from Ch. 110, par. 17-127)
Sec. 17-127.
Proceedings herein.
Proceedings for partition shall be
conducted in accordance
with the provisions of Article XVII of this Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XVIII heading) ARTICLE XVIII
QUO WARRANTO
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(735 ILCS 5/18-101) (from Ch. 110, par. 18-101)
Sec. 18-101.
Grounds.
A proceeding in quo warranto may be brought in case:
(1) Any person usurps, intrudes into, or unlawfully holds or
executes any office, or franchise, or any office in any corporation
created by authority of this State;
(2) Any person holds or claims to hold or exercise any
privilege, exemption or license which has been improperly or without
warrant of law issued or granted by any officer, board, commissioner,
court, or other person or persons authorized or empowered by law to
grant or issue such privilege, exemption or license;
(3) Any public officer has done, or allowed any act which by
the provisions of law, works a forfeiture of his or her office;
(4) Any association or number of persons act within this State
as a corporation without being legally incorporated;
(5) Any corporation does or omits to do any act which amounts to a
surrender or forfeiture of its rights and privileges as a corporation,
or exercises powers not conferred by law;
(6) Any railroad company doing business in this State
charges an extortionate rate for the transportation of any freight or
passenger, or makes any unjust discrimination in the rate of
freight or passenger tariff over or upon its railroad.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-102) (from Ch. 110, par. 18-102)
Sec. 18-102.
Parties.
The proceeding shall be brought in the name of the People of
the State of Illinois by the Attorney General or State's Attorney of the
proper county, either of his or her own accord or at the instance of any
individual relator; or by any citizen having an interest in the question
on his or her own relation, when he or she has requested the Attorney General and
State's Attorney to bring the same, and the Attorney General and State's
Attorney have refused or failed to do so, and when, after notice to the
Attorney General and State's Attorney, and to the adverse party, of the
intended application, leave has been granted by the circuit court.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-103) (from Ch. 110, par. 18-103)
Sec. 18-103.
Pleadings.
The People of the State of Illinois shall be deemed the
plaintiff and the adverse parties shall be defendants, and the first
pleading by the plaintiff shall be designated a complaint. The complaint
need not set forth the basis of the challenge, but may in general terms
allege that the defendant is exercising the claimed right without lawful
authority and call upon the defendant to show by what warrant he,
she or it exercises it, and if more than one ground exists they may all be joined
in one count.
When the complaint is filed by a citizen on his or her own relation, it
shall be alleged therein that his or her requests of the Attorney General and
the State's Attorney, respectively, to bring the action, have been
refused, or that they have failed to act, as the case may be, and that
leave of court to file the complaint has been granted as
provided in Article XVIII of this Act.
The several rights of diverse parties to the same office or
franchise, privilege, exemption or license, may properly be determined
in one action, and all such persons may be joined in the same complaint,
in order to try their respective rights to such office, franchise,
privilege, exemption or license; but the court, in its discretion, may
order separate trials when convenience in the determination of any of
such rights so requires. No matters not germane to the
distinctive purpose of the proceeding shall be introduced by joinder,
counterclaim or otherwise.
If the plaintiff elects to set forth expressly in the complaint the
grounds for an attack on the defendant's claimed right, the defendant
may answer the complaint or present a motion directed thereto as in
other civil actions, but if the complaint is in general terms, as
provided in Article XVIII of this Act, the defendant shall by answer disclaim
or justify,
and, if the defendant justifies, shall set out the facts which show the lawful
authority to exercise the right claimed. The plaintiff may reply to the
answer or present a motion directed thereto as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-104) (from Ch. 110, par. 18-104)
Sec. 18-104.
Limitation.
No action shall be brought by quo warranto, or otherwise, questioning
the legality of the organization of any county, city, village,
incorporated town, township, school district, park district, road
district, drainage district, sanitary district, authority or any other
municipal corporation or political subdivision in the State of Illinois
after such municipal corporation or political subdivision has been in de
facto existence for a period of 3 years.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-105) (from Ch. 110, par. 18-105)
Sec. 18-105.
Security for costs.
When the action is brought by any
citizen on his or her own
relation, as above provided, he or she shall file security for costs to be
approved by the clerk, at the time the complaint is filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-106) (from Ch. 110, par. 18-106)
Sec. 18-106.
Summons - Appearance.
Upon the filing of the complaint, the
clerk of court shall
issue a summons, in like form, as near as may be, as summons in other
civil cases. The summons shall be made returnable within a time designated
by the plaintiff not less than 5 nor more than 30 days
after the service of the summons. Every defendant who is served with
summons shall answer or otherwise appear on or before the
return day of the summons, unless the time for doing so is extended by the court.
If the defendant fails to do so, judgment may
be entered against the defendant. Reply to or motion directed against
the answer may be filed by the plaintiff within 5 days after
the last day allowed for the filing of the answer, unless the time for doing
so is extended by the court.
(Source: P.A. 83-357.)
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(735 ILCS 5/18-107) (from Ch. 110, par. 18-107)
Sec. 18-107.
Seeking wrong remedy not fatal.
Where relief is
sought under Article XVIII of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-108) (from Ch. 110, par. 18-108)
Sec. 18-108.
Judgment.
The court shall determine and adjudge
the rights of all
parties to the proceeding. In case any person or corporation against
whom such complaint is filed is adjudged guilty as charged in the
complaint, the court may enter judgment of ouster against such person
or corporation from the office or franchise, and fine such person or
corporation, and also enter judgment in favor of the relator for the
cost of the prosecution. Instead of entering judgment of ouster
from a franchise for an abuse thereof, the court may fine the person or
corporation found guilty in any sum not exceeding $25,000.00 for each
offense. When judgment is entered in favor of any defendant, such defendant
shall recover costs against the relator.
(Source: P.A. 83-707.)
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(735 ILCS 5/Art. XIX heading) ARTICLE XIX
REPLEVIN
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(735 ILCS 5/19-101) (from Ch. 110, par. 19-101)
Sec. 19-101.
When brought.
Whenever any goods or chattels have been wrongfully
distrained, or otherwise wrongfully taken or are wrongfully
detained, an action of replevin may be brought for the recovery of such
goods or chattels, by the owner or person entitled to their possession.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-102) (from Ch. 110, par. 19-102)
Sec. 19-102.
When not available.
No action of replevin shall lie on
behalf of a defendant against whom a judgment
or attachment is in the process of enforcement, to recover goods or chattels
seized by virtue thereof, unless such goods and chattels are exempted, by law,
from such enforcement of the judgment or attachment; nor shall an action of replevin lie
for such goods and chattels at the action of any other person, unless such
other person has,
at the time, a right to reduce the goods
taken to his or her possession.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-103) (from Ch. 110, par. 19-103)
Sec. 19-103.
Venue.
The venue provisions applicable to other civil cases shall
apply to actions of replevin; and in addition an action of replevin may
be brought in any county in which the goods or chattels or any part of
them are located.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-104) (from Ch. 110, par. 19-104)
Sec. 19-104.
Complaint.
An action of replevin shall be commenced by the filing of a verified
complaint which describes the property to be replevied and states that
the plaintiff in such action is the owner of the property so described,
or that he or she is then lawfully entitled to the possession thereof, and that
the property is wrongfully detained by the defendant, and that the same
has not been taken for any tax, assessment, or fine levied by virtue of
any law of this State, against the property of such plaintiff, or
against him or her individually, nor seized under any lawful process
against the goods and chattels of such plaintiff subject to such lawful
process, nor held by virtue of any order for replevin against such
plaintiff.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-105) (from Ch. 110, par. 19-105)
Sec. 19-105.
Notice.
The defendant shall be given 5 days written notice in the manner
required by rule of the Supreme Court, of a hearing before the court to
contest the entry of an order for replevin. No order for replevin may
be entered nor may property be seized pursuant to an order
for replevin prior to
such notice and hearing except as provided in Section 19-106 of this Act.
As to any particular property, the right to notice and hearing
established in this Section may not be waived by any consumer. As used
in this Section, a consumer is an individual who obtained possession of
the property for personal, family, household, or agricultural purposes.
Any waiver of the right to notice and hearing established in this
Section must be in writing and must be given voluntarily, intelligently, and
knowingly.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-106) (from Ch. 110, par. 19-106)
Sec. 19-106.
Exception to requirement of notice.
Notice to the defendant is not required if the plaintiff establishes
and the court finds as a matter of record and supported by evidence that
summary seizure of the property is justified by reason of necessity to:
(1) protect the plaintiff from an immediately impending harm which
will result from the imminent destruction or concealment of the disputed
property in derogation of the plaintiff's rights in the property;
(2) protect the plaintiff from an immediately impending harm which
will result from the imminent removal of the disputed property from the
State, taking into consideration the availability of judicial remedies
in the event of such removal;
(3) protect the plaintiff from an immediately impending harm which
will result from the perishable nature of the disputed property under
the particular circumstances at the time of the action;
(4) protect the plaintiff from an immediately impending harm which
will result from the imminent sale, transfer or assignment of the
disputed property to the extent such sale, transfer or assignment is
fraudulent or in derogation of the plaintiff's rights in the property;
(5) recover the property from a defendant who has obtained
possession by theft.
At an ex parte hearing to determine if notice is not required, the
court shall examine the evidence on each element required by this
Section or any written waiver of rights presented by the plaintiff. If
the court finds that notice is not required, or that the waiver is in
accordance with law, it shall order a hearing as soon as practicable on
the entry of an order for replevin.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-107) (from Ch. 110, par. 19-107)
Sec. 19-107.
Hearing for entry of order.
At the hearing on the entry of an order for
replevin, which may be
a hearing to contest pursuant to notice under Section 19-105 of this Act or an ex parte
hearing pursuant to a finding under Section 19-106 of this Act, the court shall review
the basis of the plaintiff's claim to possession. If the plaintiff
establishes a prima facie case to a superior right to possession of the
disputed property, and if the plaintiff also demonstrates to the court
the probability that the plaintiff will ultimately prevail on the underlying claim
to possession, the court shall so find as a matter of record and an order
for replevin shall be entered by the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-108) (from Ch. 110, par. 19-108)
Sec. 19-108.
Direction of order.
The order shall be
directed to the sheriff or other proper officer of the proper county, to
serve; and for the purpose only of service as summons shall be directed also
to any person authorized to serve summons.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-109) (from Ch. 110, par. 19-109)
Sec. 19-109.
Order.
The order for replevin shall
require the sheriff, or other officer to
whom it is directed to take the property, describing it as in the
complaint, from the possession of the defendant, and deliver the same to
the plaintiff unless such defendant executes a bond and security as
hereinafter provided, and to summon the defendant to answer the
complaint or otherwise appear in the action, or in case the property
or any part thereof is
not found and delivered to the sheriff or other officer, to answer to the
plaintiff for the value of the same. The order for replevin may be served
as a summons for a trial on the merits of the case by any person
authorized to serve summons.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-110) (from Ch. 110, par. 19-110)
Sec. 19-110.
Several counties involved.
Additional certified copies
of the order for replevin may be issued by the clerk of court, upon the
request of the plaintiff, to be used in several counties.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-111) (from Ch. 110, par. 19-111)
Sec. 19-111.
Additional copies of order.
When it appears by the return
of the officer that any
defendant or the property described in the order or any part thereof, is
not found, additional certified copies directing the officer to summon such
defendant and to take the property from the possession of the defendant
and deliver the same to the plaintiff, may be issued by the clerk of court
on the request of the
plaintiff until such defendant is served or until such property is
taken.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-112) (from Ch. 110, par. 19-112)
Sec. 19-112.
Replevin bond.
Before the service of the order for replevin
the plaintiff
or some one else on his or her behalf shall give to the sheriff or other
officer a bond with sufficient security in double the value of the
property about to be replevied, conditioned that he or she will prosecute such
action to effect and without delay and make return of the property to the
defendant if return of the property shall be awarded or will deliver the
same to the intervening petitioner should it be found that the property
belongs to him or her, and save and keep harmless such sheriff or other officer
as the case may be, in replevying such property and further conditioned
for the payment of all costs and damages occasioned by wrongfully obtaining
out the order for replevin,
and if the sureties on such bond at any time before trial becomes
insolvent, an order shall be entered requiring good and sufficient
replevin bond to be filed, and if the same is not so filed within
the time fixed by the court, the action shall be dismissed.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-113) (from Ch. 110, par. 19-113)
Sec. 19-113.
Return.
Such officer shall return the bond so taken by
the officer, together
with the certified copy of the order to the clerk of court who issued such
certified copy of the order.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-114) (from Ch. 110, par. 19-114)
Sec. 19-114.
Failure to take and return bond.
If the sheriff or other
officer fails to take and return the bond, as
required by Article XIX of this Act, or returns an insufficient bond, he or she shall be
liable to the party injured for all damages such party
may sustain by reason of
such neglect, which may be recovered in an action against the sheriff
or other officer,
or by an action upon the sheriff's or other officer's official bond.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-115) (from Ch. 110, par. 19-115)
Sec. 19-115.
Limitation.
No sheriff or other officer shall be liable, under the
preceding section, unless the bond was insufficient when taken, nor
unless action is commenced against him or her or upon his or her bond, within 3
years after the cause of action accrues.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-116) (from Ch. 110, par. 19-116)
Sec. 19-116.
Service of order.
Upon the bond being given the sheriff or other proper
officer shall forthwith serve the certified copy of the order by seizing
the property therein mentioned and by serving such
order upon the defendant as summons is served in other civil
cases.
The order for replevin issued as provided in Section 19-108
of this Act, may be served as a summons upon defendants wherever they
may be found in the State by any person authorized to serve summons in other
civil cases; but property may be taken
from the possession of a defendant under a replevin order only in the
county in which the order is entered and by a proper officer of the
county.
The officer serving such certified order having taken the property or any part
thereof shall forthwith deliver such property to the plaintiff unless
the defendant executes a bond and security approved by such officer,
before such property is actually delivered to the plaintiff. Such bond
shall be given in an amount double the value of such property and
conditioned that the defendant will appear in and defend the action, and
will deliver such property in accordance with the order of the court, in
as good condition as it was when the action was commenced, and that the
defendant will pay only those costs and damages that may be incurred
during the time the property is out of the possession of the officer and back
in his or her possession and adjudged against the defendant in such action.
Such bond shall be returned to the court by the officer serving the
order on the day such order is returnable.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-117) (from Ch. 110, par. 19-117)
Sec. 19-117. Service upon defendant. It shall be the duty of the officer
having an order for
replevin, to serve the same upon the defendant, whether the property is
found or delivered to him or her, or not, unless, when none of the property is
found, the officer is otherwise directed by the plaintiff or his or her
attorney or agent.
If the defendant fails to deliver up to the sheriff the chattel which is the subject of the order for replevin and the plaintiff has a reasonable belief as to where the chattel is sequestered, the court may authorize the sheriff to use reasonable force to enter into the property to recover same upon such terms and conditions as the court may direct.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/19-118) (from Ch. 110, par. 19-118)
Sec. 19-118.
Notice by publication.
If it appears by affidavit of the
plaintiff, his or her
attorney or agent, or by the return of the officer, that any defendant
in such action is not a resident of this State, or has departed from this
State, or on due inquiry cannot be found, or is concealed within this
State, so that process cannot be served on him or her, notice may be given as
provided by law in cases of attachment, and with like effect.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-119) (from Ch. 110, par. 19-119)
Sec. 19-119.
Answer or otherwise appear.
The defendant shall answer
or otherwise appear
as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-120) (from Ch. 110, par. 19-120)
Sec. 19-120.
When property not found.
When the property or any part
thereof is not found or
delivered as above stated, and the defendant is summoned or enters his or her
appearance, the plaintiff may proceed, under the original or amended
complaint, as in an action for the wrongful taking and detention of such
property or so much thereof as is not found and delivered to the sheriff
or other officer, and as to the property not found and delivered, the
plaintiff, if he or she recovers, shall be entitled to judgment for the
value thereof or his or her interest therein, and such damages as he or she has
sustained by reason of the wrongful taking and detention.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-121) (from Ch. 110, par. 19-121)
Sec. 19-121.
Distress for rent.
It shall be sufficient for the defendant,
in all cases of
replevin for distress taken for rent, to allege generally without
particularly setting forth the tenure or title to the lands whereon such
distress was taken.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-122) (from Ch. 110, par. 19-122)
Sec. 19-122.
Seeking wrong remedy not fatal.
Where relief is sought
under Article XIX of this Act and the court determines, on motion directed
to the pleadings, or on motion for summary judgment or upon trial, that
the plaintiff has pleaded or established facts which entitle the plaintiff
to relief but that the plaintiff has sought the wrong remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party
complaint, and to order the plaintiff to take additional steps which were
not required under the pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-123) (from Ch. 110, par. 19-123)
Sec. 19-123. Judgment against plaintiff. If the plaintiff in an action
of replevin obtains an order for replevin and the right of property is adjudged against the plaintiff, judgment shall be entered
for a return of the property if such property has been delivered
to the plaintiff, and damages for the use thereof from the time it was
taken until a return thereof is made, unless the plaintiff shall,
in the meantime, have become entitled to the possession of the property,
in which event judgment may be entered against the plaintiff for costs and
such damage as the
defendant has sustained; or if the property was held for the
payment of any money, the judgment may be in the alternative that the
plaintiff pay the amount for which the same was rightfully held, with
proper damages, within a given time, or make return of the property in
case such property was delivered to the plaintiff.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/19-124) (from Ch. 110, par. 19-124)
Sec. 19-124.
Intervention.
In replevin cases pending in circuit courts, any person
other than the defendant claiming the property replevied may intervene,
verifying the petition by affidavit. The court shall direct a trial of
the right of property as in other cases and in case judgment is rendered
for the intervening party and it is further found that such party is
entitled to the possession of all or any part of the property, judgment
shall be entered accordingly and the property to which the claimant is
entitled ordered to be delivered to such claimant together with payment of
the claimant's costs.
In case judgment is entered for the claimant, although he or she is not then
entitled to possession of the property, he or she shall be entitled to his
or her costs. In case judgment is entered for the plaintiff, the plaintiff shall be
entitled to recover the plaintiff's costs from the claimant. If the claimant is a
non-resident of the State, he or she shall file security for costs as required
of non-resident plaintiffs.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-125) (from Ch. 110, par. 19-125)
Sec. 19-125.
Judgment for plaintiff.
If judgment is entered in favor
of the plaintiff in replevin, the plaintiff shall
recover damages for the detention of the property while the same was
wrongfully detained by the defendant.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-126) (from Ch. 110, par. 19-126)
Sec. 19-126.
Damages.
In either case provided for in Sections 19-124
and 19-125 of this Act,
if the case is tried by a jury, the damages may be assessed by such
jury, but if the plaintiff takes a voluntary dismissal or an involuntary
dismissal is ordered by the court
or judgment is entered for defendant without a trial, the damages
may be assessed by the court or by a jury impaneled for that purpose.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-127) (from Ch. 110, par. 19-127)
Sec. 19-127.
Action on bond.
If at any time the conditions of the bond
required by
Section 19-112 of this Act, or of the bond provided for in Section 19-116
of this Act are
broken, the sheriff or other officer or plaintiff in the name of the
sheriff, for his or her own use, or the defendant or intervening party, as the
case may be, may proceed and maintain an action on such bond for the
recovery of all damages and costs, as have been sustained in consequence
of the breach of such condition.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-128) (from Ch. 110, par. 19-128)
Sec. 19-128.
Defense to action on bond.
If the merits of the case have
not been determined in the
trial of the action in which the bond was given, the defendant in the
action upon the replevin bond may plead that fact and his or her title to the
property in dispute, in the action of replevin.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-129) Sec. 19-129. Mobile homes. If the chattel which is the subject of the replevin action is a mobile home and is occupied by the defendant or other persons, the court may issue an eviction order directing the sheriff to remove the personal property of the defendant or occupants from the mobile home if the defendants and unknown occupants are given notice of the plaintiff's intent to seek an eviction order and that upon entry of the order, the execution is stayed for a reasonable time as determined by the court so as to allow the defendants and unknown occupants to remove their property from the mobile home.
(Source: P.A. 100-173, eff. 1-1-18.) |
(735 ILCS 5/Art. XIX-c heading) ARTICLE XIX-c
EFFECTIVE DATE
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(735 ILCS 5/19c-101) (from Ch. 110, par. 19c-101)
Sec. 19c-101.
(a) This Act takes effect July 1, 1982, and shall apply to
all cases and proceedings commenced on or after that date.
(b) For cases and proceedings commenced prior to and still pending on
July 1, 1982, this Act shall apply only to those proceedings which take
place on or after that date.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XX heading) ARTICLE XX.
RECOVERY OF FRAUDULENTLY
OBTAINED PUBLIC FUNDS
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(735 ILCS 5/20-101) (from Ch. 110, par. 20-101)
Sec. 20-101.
As used in this Article:
(1) "Compensation, benefits or remuneration" includes regular compensation,
overtime compensation, vacation compensation, deferred compensation, sick
pay, disability pay, sick leave, disability leave, medical, dental, optical
or other health benefits, pension or retirement benefits or any other pay,
compensation, benefits, or any other remuneration.
(2) "Person" includes any firm, corporation, association, agency,
institution or other legal entity, as well as any natural person.
(3) "Local governmental unit" means any unit of local government or school district.
(Source: P.A. 84-1462.)
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(735 ILCS 5/20-102) (from Ch. 110, par. 20-102)
Sec. 20-102.
Any person who has received from the State or from any local
governmental unit compensation, benefits or remuneration by means of a false
or fraudulent record, statement, or claim or other willful misrepresentation,
or by his failure to notify the State or local governmental unit of a change
in his status as may be required by the State or local governmental unit,
or by other fraudulent device, shall be answerable to the State or local
governmental unit, as the case may be, for refunding the entire amount of
such compensation, benefits or remuneration received.
If the refund is not made, it shall be recoverable in a civil action from
the person who received the compensation, benefits or remuneration, or from
anyone who knowingly aided such person in obtaining the compensation,
benefits or remuneration.
(Source: P.A. 84-1462.)
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(735 ILCS 5/20-103) (from Ch. 110, par. 20-103)
Sec. 20-103.
Any person who by means of a false record, statement or
representation, or by willful concealment of any material fact, or by other
fraudulent scheme or device on behalf of himself, his dependents or others,
knowingly obtains from the State or local governmental unit compensation,
benefits or remuneration to which he
is not entitled, or in a greater amount than that to which he is
entitled, shall be liable for full repayment of such compensation, benefits
or remuneration received to which the person was not entitled.
In addition to any other penalties provided by law, the court shall impose
civil penalties consisting of interest on the amount of the compensation,
benefits or remuneration received to which the person was not
entitled at the maximum legal rate for interest on judgments in effect on
the date the payment was made to such person for the period beginning on
the date upon which payment was made to the date upon which repayment is
made; and may impose either of the following penalties:
(1) an amount not to exceed 3 times the amount of such compensation, benefits
or remuneration to which the person was not entitled; or
(2) an amount not to exceed $2,000 for each instance that the person
used any fraudulent scheme or device to obtain compensation, benefits or
remuneration to which he is not entitled, whichever penalty the court deems
more appropriate. Except as provided by Section 20-105, upon
entry of a judgment for repayment of such compensation,
benefits or remuneration, or for any civil penalties assessed by the court,
a lien shall attach to all property and assets of such person until the
judgment is satisfied, subject to the exemptions otherwise applying to the
real and personal property of judgement debtors.
(Source: P.A. 84-1462.)
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(735 ILCS 5/20-104) (from Ch. 110, par. 20-104)
Sec. 20-104.
(a) Before any action is instituted pursuant to this Act,
the State or local governmental unit shall make a good faith attempt to
collect amounts owed to it by using informal procedures and methods. Civil
recoveries provided for in this Article shall be
recoverable only: (1) in actions on behalf of the State, by the Attorney
General; (2) in actions on behalf of a municipality with a population over
500,000, by the corporation counsel of such municipality; and (3) in
actions on behalf of any other local governmental unit, by counsel
designated by the local government unit or, if so requested by the local
governmental unit and the state's attorney so agrees, by the state's attorney.
However, nothing in clause (3) of this subsection (a) shall affect
agreements made pursuant to the State's Attorneys Appellate Prosecutor's
Act. If the state's attorney of a county brings an action on behalf
of another unit of local government pursuant to this Section, the county
shall be reimbursed by the unit of local government in an amount mutually
agreed upon before the action is initiated.
(b) Notwithstanding any other provision in this Section, any private
citizen residing within the boundaries of the governmental unit affected
may bring an action to recover the damages authorized in this Article on behalf
of such governmental unit if: (a) the citizen has sent a letter by
certified mail, return receipt requested, to the appropriate government
official stating his intention to file suit for recovery under this Article and
(b) the appropriate governmental official has not, within 60 days of the
date of delivery on the citizen's return receipt, either instituted an
action for recovery or sent notice to the citizen by
certified mail, return receipt requested, that the official has arranged
for a settlement with the party alleged to have illegally obtained the
compensation or that the official intends to commence suit within 60 days
of the date of the notice. A denial by the official of the liability of
the party alleged liable by the citizen, failure to have actually arranged
for a settlement as stated, or failure to commence a suit within the
designated period after having stated the intention in the notice to do so
shall also permit the citizen to commence the action.
For purposes of this subsection (b), "appropriate government official"
shall mean: (1) the Attorney General, where the government unit alleged
damaged is the State; (2) the corporation counsel where the government unit
alleged damaged is a municipality with a population of over 500,000; and
(3) the chief executive officer of any other local government unit where
that unit is alleged damaged.
Any private citizen commencing an action in compliance with this
subsection which is reasonable and commenced in good faith shall be
entitled to recover court costs and litigation expenses, including
reasonable attorney's fees, from any defendant found liable under this Article.
(Source: P.A. 102-558, eff. 8-20-21.)
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(735 ILCS 5/20-105) (from Ch. 110, par. 20-105)
Sec. 20-105.
Certain rights not affected.
No judgment entered
pursuant to this Article shall affect the rights of any bona fide
purchaser, mortgagee, judgment creditor or other lien holder arising prior
to the date on which a transcript, certified copy or memorandum of such
judgment is filed in the office of the recorder of deeds or registrar of
titles in the county in which real estate subject to the lien is located.
(Source: P.A. 84-1462.)
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(735 ILCS 5/Art. XXI heading) ARTICLE XXI.
CHANGE OF NAME
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(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
(Text of Section from P.A. 102-538)
Sec. 21-101. Proceedings; parties. (a) If any person who is a resident of
this State and has resided in this State for 6 months desires to change his
or her name and to assume another name by which to be afterwards called and
known, the person may file a petition in the circuit court of the county
wherein he or she resides praying for that relief. (b) The
filing of a petition in accordance with this Section shall be the sole and
exclusive means by which any person committed under the laws of this State
to a penal institution may change his or her name and assume another
name. However, any person convicted of a felony in this State or any other
state
who has not been pardoned may not file a
petition for a name change until 10 years have passed since completion and
discharge from his or her sentence. A person who has been convicted of identity theft, aggravated identity theft, felony or misdemeanor criminal
sexual abuse when the victim of the offense at the time of its commission is
under 18 years of age, felony or misdemeanor sexual exploitation of a child, felony or misdemeanor
indecent solicitation of a child, or felony or misdemeanor indecent solicitation of an
adult, or any other offense for which a person is required to register under the Sex Offender Registration Act in this State or any other state who has not been pardoned shall not be permitted to file a petition for a name change in the courts of Illinois. (c) A petitioner may include his or her
spouse
and adult unmarried children,
with their consent, and his or her minor children where it appears to the
court that it is for their best interest, in the petition and prayer, and
the court's order shall then include the spouse and children. Whenever any
minor has resided in the family of any person for the space of 3 years
and has been recognized and known as an adopted child in the family of
that person, the application herein provided for may be made by the person
having that minor in his or her family.
An order shall be entered as to a minor only if the court finds by
clear and convincing evidence that the change is necessary to serve the
best interest of the child. In determining the best interest of a minor
child under this Section, the court shall consider all relevant factors,
including:
(1) The wishes of the child's parents and any person | ||
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(2) The wishes of the child and the reasons for those | ||
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(3) The interaction and interrelationship of the | ||
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(4) The child's adjustment to his or her home, | ||
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(d) If it appears to the
court that the conditions and requirements under this Article have been complied with and
that there is no reason why the prayer should not be granted, the court, by
an order to be entered of record, may direct and provide that the name of
that person be changed in accordance with the prayer in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name. (Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section from P.A. 102-1133)
Sec. 21-101. Proceedings; parties. (a) If any person who is a resident of
this State and has resided in this State for 6 months desires to change his
or her name and to assume another name by which to be afterwards called and
known, the person may file a petition requesting that relief in the circuit court of the county
wherein he or she resides. (b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act in this State or any other state and who has not been pardoned is
not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 35 of the Arsonist Registration Act, Section 20 of the Murderer and Violent Offender Against Youth Registration Act, and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury. (b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense. (c) A petitioner may include his or her
spouse
and adult unmarried children,
with their consent, and his or her minor children where it appears to the
court that it is for their best interest, in the petition and relief requested, and
the court's order shall then include the spouse and children. Whenever any
minor has resided in the family of any person for the space of 3 years
and has been recognized and known as an adopted child in the family of
that person, the application herein provided for may be made by the person
having that minor in his or her family.
An order shall be entered as to a minor only if the court finds by
clear and convincing evidence that the change is necessary to serve the
best interest of the child. In determining the best interest of a minor
child under this Section, the court shall consider all relevant factors,
including:
(1) The wishes of the child's parents and any person | ||
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(2) The wishes of the child and the reasons for those | ||
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(3) The interaction and interrelationship of the | ||
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(4) The child's adjustment to his or her home, | ||
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(d) If it appears to the
court that the conditions and requirements under this Article have been complied with and
that there is no reason why the relief requested should not be granted, the court, by
an order to be entered of record, may direct and provide that the name of
that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Department of State Police. The Department of State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name. (Source: P.A. 102-1133, eff. 1-1-24.)
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(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
(Text of Section from P.A. 102-538)
Sec. 21-102. Petition; update criminal history transcript. (a) The petition shall set forth the name then held,
the name sought to be assumed, the residence of the petitioner, the length
of time the petitioner has resided in this State, and the state or country
of the petitioner's nativity or supposed nativity. The petition shall include a statement, verified under oath as provided under Section 1-109 of this Code, whether or not the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition if granted: (1) has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted; or (2) has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense. The petition shall be
signed by the person petitioning or, in case of minors, by the parent or
guardian having the legal custody of the minor. The petition shall be
verified by the affidavit of some credible person.
(b) If the statement provided under subsection (a) of this Section indicates the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition, if granted, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, the State's Attorney may request the court to or the court may on its own motion, require the person, prior to a hearing on the petition, to initiate an update of his or her criminal history transcript with the Illinois State Police. The Department shall allow a person to use the Access and Review process, established by rule in the Department, for this purpose. Upon completion of the update of the criminal history transcript, the petitioner shall file confirmation of each update with the court, which shall seal the records from disclosure outside of court proceedings on the petition. (Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section from P.A. 102-1133)
Sec. 21-102. Petition; update criminal history transcript. (a) The petition shall be a statewide standardized form approved by the Illinois Supreme Court and shall set forth the name then held,
the name sought to be assumed, the residence of the petitioner, the length
of time the petitioner has resided in this State, and the state or country
of the petitioner's nativity or supposed nativity. The petition shall include a statement, verified under oath as provided under Section 1-109 of this Code, whether or not the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition if granted: (1) has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted; or (2) has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense. The petition shall be
signed by the person petitioning or, in case of minors, by the parent or
guardian having the legal custody of the minor.
(b) If the statement provided under subsection (a) of this Section indicates the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition, if granted, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, the State's Attorney may request the court to or the court may on its own motion, require the person, prior to a hearing on the petition, to initiate an update of his or her criminal history transcript with the Department of State Police. The Department shall allow a person to use the Access and Review process, established by rule in the Department, for this purpose. Upon completion of the update of the criminal history transcript, the petitioner shall file confirmation of each update with the court, which shall seal the records from disclosure outside of court proceedings on the petition. (c) Any petition filed under subsection (a) shall include the following: "WARNING: If you are required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registration Act in this State or a similar law in any other state and have not been pardoned, you will be committing a felony under those respective Acts by seeking a change of name during the registration period UNLESS your request for legal name change is due to marriage, religious beliefs, status as a victim of trafficking or gender related identity as defined by the Illinois Human Rights Act.". (Source: P.A. 102-1133, eff. 1-1-24.)
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(735 ILCS 5/21-102.5) (Text of Section from P.A. 102-538) Sec. 21-102.5. Notice; objection. (a) The circuit court clerk shall promptly
serve a copy of the petition on the State's Attorney and the Illinois State Police. (b) The State's Attorney
may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection. Objections to a petition must be filed within 30 days of the date of service of the petition upon the State's Attorney.
(Source: P.A. 102-538, eff. 8-20-21.) (Text of Section from P.A. 102-1133) Sec. 21-102.5. Notice; objection. (a) The circuit court clerk shall promptly
serve a copy of the petition on the State's Attorney and the Department of State Police if the statement provided under subsection (a) of Section 21-102 indicates that the petitioner, or any other person 18 years of age or older who will be subject to a change of name under the petition, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense. (b) The State's Attorney
may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, shall be served upon the petitioner, and shall state with specificity the basis of the objection. Objections to a petition must be filed within 30 days of the date of service of the petition upon the State's Attorney if the petitioner: (1) is the defendant in a pending criminal offense | ||
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(2) has been convicted of identity theft, aggravated | ||
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(Source: P.A. 102-1133, eff. 1-1-24.) |
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
(Text of Section from P.A. 102-813)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended application by
publishing a notice thereof in some newspaper published in the municipality
in which the person resides if the municipality is in a county with a
population under 2,000,000, or if the person does not reside
in a municipality in a county with a population under 2,000,000,
or if no newspaper is published in the municipality or if the person resides
in a county with a population of 2,000,000 or more, then in some newspaper
published in the county where the person resides, or if no newspaper
is published in that county, then in some convenient newspaper published
in this State. The notice shall be inserted for 3 consecutive weeks after filing, the
first insertion to be at least 6 weeks before the return day upon which
the petition is to be heard, and shall be signed by the petitioner or, in
case of a minor, the minor's parent or guardian, and shall set
forth the return day of court on which the petition is to be heard and the
name sought to be assumed.
(b) The publication requirement of subsection (a) shall not be
required in any application for a change of name involving a minor if,
before making judgment under this Article, reasonable notice and opportunity
to be heard is given to any parent whose parental rights have not been
previously terminated and to any person who has physical custody of the
child. If any of these persons are outside this State, notice and
opportunity to be heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name. (b-5) Upon motion, the court may issue an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a written declaration that the person believes that publishing notice of the name change would put the person at risk of physical harm or discrimination. The person must provide evidence to support the claim that publishing notice of the name change would put the person at risk of physical harm or discrimination. (c) The Director of the Illinois State Police or his or her designee may apply to the
circuit court
for an order directing that the notice and publication requirements of
this Section be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the publication requirement of subsection (a) if: (i) the petitioner is 18 years of age or older; and (ii) concurrent with the petition, the petitioner | ||
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The petitioner may attach to the statement any supporting documents, including relevant court orders. (c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service. (c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1). (c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case. (d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (Text of Section from P.A. 102-1133) Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended application by
publishing a notice thereof in some newspaper published in the municipality
in which the person resides if the municipality is in a county with a
population under 2,000,000, or if the person does not reside
in a municipality in a county with a population under 2,000,000,
or if no newspaper is published in the municipality or if the person resides
in a county with a population of 2,000,000 or more, then in some newspaper
published in the county where the person resides, or if no newspaper
is published in that county, then in some convenient newspaper published
in this State. The notice shall be inserted for 3 consecutive weeks after filing, the
first insertion to be at least 6 weeks before the return day upon which
the petition is to be heard, and shall be signed by the petitioner or, in
case of a minor, the minor's parent or guardian, and shall set
forth the return day of court on which the petition is to be heard and the
name sought to be assumed.
(b) The publication requirement of subsection (a) shall not be
required in any application for a change of name involving a minor if,
before making judgment under this Article, reasonable notice and opportunity
to be heard is given to any parent whose parental rights have not been
previously terminated and to any person who has physical custody of the
child. If any of these persons are outside this State, notice and
opportunity to be heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment for dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name. (b-5) The court may issue an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a statement, verified under oath as provided under Section 1-109 of this Code, that the person believes that publishing notice of the name change would be a hardship, including but not limited to, a negative impact on the person's health or safety. (b-6) In a case where waiver of the notice and publication requirement is sought, the petition for waiver is presumed granted and heard at the same hearing as the petition for name change. The court retains discretion to determine whether a hardship is shown and may order the petitioner to publish thereafter. (c) The Director of State Police or his or her designee may apply to the
circuit court
for an order directing that the notice and publication requirements of
this Section be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness during and
following a criminal investigation or proceeding.
(c-1) The court may also enter a written order waiving the publication requirement of subsection (a) if: (i) the petitioner is 18 years of age or older; and (ii) concurrent with the petition, the petitioner | ||
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The petitioner may attach to the statement any supporting documents, including relevant court orders. (c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service. (c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1). (c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case. (d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; 102-1133, eff. 1-1-24.)
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(735 ILCS 5/21-103.5) Sec. 21-103.5. Change of name involving a minor. In any application for a change of name involving a minor, before a judgment under this Article may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities under Section 602.5 or 602.7 of the Illinois Marriage and Dissolution of Marriage Act. If any of these persons is outside this State, notice and an opportunity to be heard shall be given under Section 21-104.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective date of P.A. 100-520).) |
(735 ILCS 5/21-104) (from Ch. 110, par. 21-104)
Sec. 21-104.
Process and notice to persons outside this State.
(a) Process in change of name proceedings shall be governed by this Code.
(b) Notice in all change of name proceedings required for the exercise
of jurisdiction over a person outside this State shall be given in a manner
best calculated to give actual notice and shall be given in one of the
following manners:
(1) By personal delivery outside this State in the | ||
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(2) In the manner prescribed by the law of the place | ||
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(3) By any form of mail addressed to the person to be | ||
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(4) As directed by the court if other means of | ||
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(c) Notice under this Section shall be served, mailed, or delivered at
least 10 days before any hearing in this State.
(d) Proof of service outside this State may be made by affidavit of the
individual who made the service or in the manner prescribed by the law of
this State, the order pursuant to which the service is made, or the law of
the place in which the service is made. If service is made by mail, proof
may be a receipt signed by the addressee or other evidence of delivery to
the addressee.
(Source: P.A. 87-409.)
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(735 ILCS 5/21-105) Sec. 21-105. Invalidity of common law name changes. Common law name changes adopted in this State on or after July 1, 2010 are invalid. All name changes shall be made pursuant to marriage or other legal proceedings.
(Source: P.A. 96-1231, eff. 7-23-10.) |
(735 ILCS 5/Art. XXII heading) ARTICLE XXII.
FRIVOLOUS LAWSUITS FILED BY PRISONERS
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(735 ILCS 5/22-105)
Sec. 22-105. Frivolous lawsuits filed by prisoners.
(a) If a prisoner confined in an Illinois Department of Corrections facility
files a pleading, motion, or other filing which purports to be a legal document
in a case seeking post-conviction
relief under Article 122 of the Code of Criminal Procedure of 1963,
pursuant to Section 116-3 of the Code of Criminal Procedure of 1963,
in a habeas
corpus action under Article X of this Code, in a claim under the Court of
Claims Act, or a second or subsequent petition for relief from judgment under Section 2-1401 of this Code or in another action against the State, the Illinois Department of
Corrections, or the
Prisoner Review Board, or against any of their officers or employees and the
Court makes a specific finding that the pleading, motion, or other filing which
purports to be a legal document filed
by the prisoner is frivolous, the prisoner is responsible for the full payment
of filing fees and actual court costs.
On filing the action or proceeding the court shall assess and, when funds
exist, collect as a partial payment of any court costs required by law a first
time payment of 50% of the average monthly balance of the prisoner's trust fund
account for the past 6 months. Thereafter 50% of all deposits into the
prisoner's
individual account under Sections 3-4-3 and 3-12-5 of the Unified Code of
Corrections administered by the Illinois Department of Corrections shall
be withheld until the actual court costs are collected in full. The Department
of Corrections shall forward any moneys withheld to the court of
jurisdiction. If a prisoner is released before the full
costs are collected, the Department of Corrections shall forward the amount of
costs collected through the date of release. The court of jurisdiction is
responsible for sending the Department of Corrections a copy of the order
mandating the amount of court fees to be paid. Nothing in this Section
prohibits an applicant from filing an action or proceeding if the applicant is
unable to pay the court costs.
(b) In this Section, "frivolous" means that a pleading, motion, or other
filing which
purports to be a legal document filed by a prisoner in his or her lawsuit meets
any or all of the following criteria:
(1) it lacks an arguable basis either in law or in | ||
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(2) it is being presented for any improper purpose, | ||
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(3) the claims, defenses, and other legal contentions | ||
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(4) the allegations and other factual contentions do | ||
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(5) the denials of factual contentions are not | ||
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(Source: P.A. 95-424, eff. 1-1-08.)
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