Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/Art. XV Pt. 11
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. XV Pt. 11 heading)
735 ILCS 5/15-1101
(735 ILCS 5/15-1101)
(from Ch. 110, par. 15-1101)
This Article shall be known, and may be cited,
as the Illinois Mortgage Foreclosure Law.
(Source: P.A. 84-1462.)
735 ILCS 5/15-1102
(735 ILCS 5/15-1102)
(from Ch. 110, par. 15-1102)
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.)
735 ILCS 5/15-1103
(735 ILCS 5/15-1103)
(from Ch. 110, par. 15-1103)
The authority of the
court continues during
the entire pendency of the foreclosure and until disposition of all
arising out of the foreclosure.
(Source: P.A. 85-907.)
735 ILCS 5/15-1104
(735 ILCS 5/15-1104)
(from Ch. 110, par. 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.)
735 ILCS 5/15-1105
(735 ILCS 5/15-1105)
(from Ch. 110, par. 15-1105)
(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.)
735 ILCS 5/15-1106
(735 ILCS 5/15-1106)
(from Ch. 110, par. 15-1106)
Applicability of Article.
(a) Exclusive Procedure. From and after the
effective date of this amendatory Act of 1986, the following shall be
foreclosed in a foreclosure pursuant to this Article:
(1) any mortgage created prior to, on or after the effective date of this
amendatory Act of 1986;
(2) any real estate installment contract for residential real estate
entered into on or after the effective date of this amendatory Act of 1986
and under which (i)
the purchase price is to be paid in installments over a period in excess of
five years and (ii) the amount unpaid under the terms of the contract at
the time of the filing of the foreclosure complaint, including principal
and due and unpaid interest, at the rate prior to default, is less than
80% of the original purchase price of the real estate as
stated in the contract;
(3) any collateral assignment of beneficial interest made on or after the
effective date of this amendatory Act of 1986 (i) which is made with respect to a land
trust which was created contemporaneously with the collateral assignment of
beneficial interest, (ii) which is made pursuant to a requirement of the
holder of the obligation to secure the payment of money or performance of
other obligations and (iii) as to which the security agreement or other
writing creating the collateral assignment permits the real estate which is
the subject of the land trust to be sold to satisfy the obligations.
(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
the effective date of this amendatory Act of 1986 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 the effective date of this
Amendatory Act of 1986
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 Section 15-1106.
(d) Effect of Election. An election made pursuant to subsection (b) or
(c) of Section 15-1106 shall be binding only in the foreclosure and shall be
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 the Code of Civil Procedure 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.
(Source: P.A. 85-907.)
735 ILCS 5/15-1107
(735 ILCS 5/15-1107)
(from Ch. 110, par. 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
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.)
735 ILCS 5/15-1108
(735 ILCS 5/15-1108)
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