Bill Amendment: IL SB2919 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: JUDICIAL FORECLOSURE PROCEDURE

Status: 2024-08-09 - Public Act . . . . . . . . . 103-0930 [SB2919 Detail]

Download: Illinois-2023-SB2919-Senate_Amendment_001.html

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Sen. Robert F. Martwick

Filed: 4/3/2024

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AMENDMENT TO SENATE BILL 2919
AMENDMENT NO. ______. Amend Senate Bill 2919 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
changing Sections 15-1506 and 15-1507 and by adding Sections
15-1507.2 and 15-1510.1 as follows:
(735 ILCS 5/15-1506) (from Ch. 110, par. 15-1506)
Sec. 15-1506. Judgment.
(a) Evidence. In the trial of a foreclosure, the evidence
to support the allegations of the complaint shall be taken in
open court, except:
(1) where an allegation of fact in the complaint is
not denied by a party's verified answer or verified
counterclaim, or where a party pursuant to subsection (b)
of Section 2-610 of the Code of Civil Procedure states, or
is deemed to have stated, in its pleading that it has no

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knowledge of such allegation sufficient to form a belief
and attaches the required affidavit, a sworn verification
of the complaint or a separate affidavit setting forth
such fact is sufficient evidence thereof against such
party and no further evidence of such fact shall be
required; and
(2) where all the allegations of fact in the complaint
have been proved by verification of the complaint or
affidavit, the court upon motion supported by an affidavit
stating the amount which is due the mortgagee, shall enter
a judgment of foreclosure as requested in the complaint.
(b) Instruments. In all cases the evidence of the
indebtedness and the mortgage foreclosed shall be exhibited to
the court and appropriately marked, and copies thereof shall
be filed with the court.
(c) Summary and Default Judgments. Nothing in this Section
15-1506 shall prevent a party from obtaining a summary or
default judgment authorized by Article II of the Code of Civil
Procedure.
(d) Notice of Entry of Default. When any judgment in a
foreclosure is entered by default, notice of such judgment
shall be given in accordance with Section 2-1302 of the Code of
Civil Procedure.
(e) Matters Required in Judgment. A judgment of
foreclosure shall include the last date for redemption and all
rulings of the court entered with respect to each request for

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relief set forth in the complaint. The omission of the date for
redemption shall not extend the time for redemption or impair
the validity of the judgment.
(f) Special Matters in Judgment. Without limiting the
general authority and powers of the court, special matters may
be included in the judgment of foreclosure if sought by a party
in the complaint or by separate motion. Such matters may
include, without limitation:
(1) a manner of sale other than public auction;
(2) a sale by sealed bid;
(3) an official or other person who shall be the
officer to conduct the sale other than the one customarily
designated by the court;
(4) provisions for non-exclusive broker listings or
designating a duly licensed real estate broker nominated
by one of the parties to exclusively list the real estate
for sale;
(5) the fees or commissions to be paid out of the sale
proceeds to the listing or other duly licensed broker, if
any, who shall have procured the accepted bid;
(6) the fees to be paid out of the sale proceeds to an
auctioneer, if any, who shall have been authorized to
conduct a public auction sale;
(7) whether and in what manner and with what content
signs shall be posted on the real estate;
(8) a particular time and place at which such bids

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shall be received;
(9) a particular newspaper or newspapers in which
notice of sale shall be published;
(10) the format for the advertising of such sale,
including the size, content and format of such
advertising, and additional advertising of such sale;
(11) matters or exceptions to which title in the real
estate may be subject at the sale;
(12) a requirement that title insurance in a specified
form be provided to a purchaser at the sale, and who shall
pay for such insurance;
(13) whether and to what extent bids with mortgage or
other contingencies will be allowed;
(14) such other matters as approved by the court to
ensure sale of the real estate for the most commercially
favorable price for the type of real estate involved.
(g) Agreement of the Parties. If all of the parties agree
in writing on the minimum price and that the real estate may be
sold to the first person who offers in writing to purchase the
real estate for such price, and on such other commercially
reasonable terms and conditions as the parties may agree, then
the court shall order the real estate to be sold on such terms,
subject to confirmation of the sale in accordance with Section
15-1508.
(h) Postponement of Proving Priority. With the approval of
the court prior to the entry of the judgment of foreclosure, a

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party claiming an interest in the proceeds of the sale of the
mortgaged real estate may defer proving the priority of such
interest until the hearing to confirm the sale.
(i) Effect of Judgment and Lien.
(1) Upon the entry of the judgment of foreclosure, all
rights of a party in the foreclosure against the mortgagor
provided for in the judgment of foreclosure or this
Article shall be secured by a lien on the mortgaged real
estate, which lien shall have the same priority as the
claim to which the judgment relates and shall be
terminated upon confirmation of a judicial sale in
accordance with this Article.
(2) Upon the entry of the judgment of foreclosure, the
rights in the real estate subject to the judgment of
foreclosure of (i) all persons made a party in the
foreclosure and (ii) all nonrecord claimants given notice
in accordance with paragraph (2) of subsection (c) of
Section 15-1502, shall be solely as provided for in the
judgment of foreclosure and in this Article.
(3) Entry of a judgment of foreclosure does not
terminate or otherwise affect 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.
(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.
(1) 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 person conducting the sale court in the
judgment of foreclosure. A sale may be conducted by any
judge, or sheriff, or other person as set forth in
paragraph (3) of subsection (f) of Section 15-1506. The
person conducting the sale has the discretion to set the
terms of the sale.
(2) Without limiting the general authority and powers
of the court, the mortgagee, in a foreclosure under this
Article may request that the judge, sheriff, or other
person conduct the sale either in person, if available, or
online or both.
(c) Notice of Sale. The mortgagee, or such other party

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designated by the court, in a foreclosure under this Article
shall give public notice of the sale as follows:
(1) The notice of sale shall include at least the
following information, but an immaterial error in the
information shall not invalidate the legal effect of the
notice:
(A) the name, address and telephone number of the
person to contact for information regarding the real
estate;
(B) the common address and other common
description (other than legal description), if any, of
the real estate;
(C) a legal description of the real estate
sufficient to identify it with reasonable certainty;
(D) a description of the improvements on the real
estate;
(E) the times specified in the judgment, if any,
when the real estate may be inspected prior to sale;
(F) the time and place of the sale, including: ;
(i) whether the sale will take place online,
in person, or both; and
(ii) the website where the online bidding may
take place, if applicable;
(G) the terms of the sale;
(H) the case title, case number and the court in
which the foreclosure was filed;

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(H-1) in the case of a condominium unit to which
subsection (g) of Section 9 of the Condominium
Property Act applies, the statement required by
subdivision (g)(5) of Section 9 of the Condominium
Property Act;
(H-2) in the case of a unit of a common interest
community to which subsection (g-1) of Section 18.5 of
the Condominium Property Act applies, the statement
required by subdivision (g-1) of Section 18.5 of the
Condominium Property Act; and
(I) such other information ordered by the Court.
(2) The notice of sale shall be published at least 3
consecutive calendar weeks (Sunday through Saturday), once
in each week, the first such notice to be published not
more than 45 days prior to the sale, the last such notice
to be published not less than 7 days prior to the sale, by:
(i) (A) advertisements in a newspaper circulated to the
general public in the county in which the real estate is
located, in the section of that newspaper where legal
notices are commonly placed and (B) separate
advertisements in the section of such a newspaper, which
(except in counties with a population in excess of
3,000,000) may be the same newspaper, in which real estate
other than real estate being sold as part of legal
proceedings is commonly advertised to the general public;
provided, that the separate advertisements in the real

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estate section need not include a legal description and
that where both advertisements could be published in the
same newspaper and that newspaper does not have separate
legal notices and real estate advertisement sections, a
single advertisement with the legal description shall be
sufficient; in counties with a population of more than
3,000,000, the notice required by this item (B) shall be
published in a newspaper different from the newspaper that
publishes the notice required by item (A), and the
newspaper in which the notice required by this item (B) is
published shall be a newspaper published in the township
in which the real estate is located; and (ii) such other
publications as may be further ordered by the court.
(3) The party who gives notice of public sale in
accordance with subsection (c) of Section 15-1507 shall
also give notice to all parties in the action who have
appeared and have not theretofore been found by the court
to be in default for failure to plead. Such notice shall be
given in the manner provided in the applicable rules of
court for service of papers other than process and
complaint, not more than 45 days nor less than 7 days prior
to the day of sale. After notice is given as required in
this Section a copy thereof shall be filed in the office of
the clerk of the court entering the judgment, together
with a certificate of counsel or other proof that notice
has been served in compliance with this Section.

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(4) The party who gives notice of public sale in
accordance with subsection (c) of Section 15-1507 shall
again give notice in accordance with that Section of any
adjourned sale; provided, however, that if the adjourned
sale is to occur less than 60 days after the last scheduled
sale, notice of any adjourned sale need not be given
pursuant to this Section. In the event of adjournment, the
person conducting the sale shall, upon adjournment,
announce the date, time and place upon which the adjourned
sale shall be held or post on its website the date, time,
and place upon which the adjourned sale shall be held.
Notwithstanding any language to the contrary, for any
adjourned sale that is to be conducted more than 60 days
after the date on which it was to first be held, the party
giving notice of such sale shall again give notice in
accordance with this Section.
(5) Notice of the sale may be given prior to the
expiration of any reinstatement period or redemption
period.
(6) No other notice by publication or posting shall be
necessary unless required by order or rule of the court.
(7) The person named in the notice of sale to be
contacted for information about the real estate may, but
shall not be required, to provide additional information
other than that set forth in the notice of sale.
(d) Election of Property. If the real estate which is the

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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. Following 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.

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(Source: P.A. 100-685, eff. 8-3-18.)
(735 ILCS 5/15-1507.2 new)
Sec. 15-1507.2. Online judicial sale.
(a) The sheriff or other person may conduct the sale
online in accordance with this Article.
(b) The sheriff or other person may engage a third-party
online sale provider to assist with performance of the online
sale. Any third-party online sale provider engaged by a
sheriff must be acquired through a process that confirms that
the provider meets the requirements set forth in this Article.
(c) In this Section, "third-party online sale provider"
means any sale platform or services provider that is not the
person conducting the sale or a party to the case involving the
judicial sale and that is engaged by the person conducting the
sale to assist with conducting the sale online in accordance
with State law.
(d) The sheriff or other person may charge an additional
fee payable upon the completion of the sale as a reasonable
expense of the sale for costs associated with conducting the
sale online as approved by the court.
(c-1) For any foreclosure involving residential real
estate, such fee must not to exceed $400, unless a higher fee
is otherwise approved by the court. Any fees not charged as a
cost in the case may be agreed to and paid directly by the
judge, sheriff, other person conducting the sale or a party to

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the case without limitation.
The fees charged under this section shall not reduce or
impact the sheriff's fees set for in Section 4-5001 and
4-12001 of the Counties Code.
(e) For any foreclosure involving residential real estate,
the fee charged under this Section must not exceed $400,
unless a higher fee is otherwise approved by the court. Any
fees not charged as a cost in the case may be agreed to and
paid directly by the judge, sheriff, other person conducting
the sale or a party to the case without limitation. The fees
shall not reduce or impact the sheriff's fees set for in
Section 4-5001 and 4-12001 of the Counties Code.
(f) To conduct a sale online, the sheriff or other person
conducting the sale must demonstrate to the court's
satisfaction documented processes and procedures for
conducting online auctions, adequate record keeping, and the
ability to comply with the requirements in this Article.
(g) If the sale takes place both online and in person, all
bids accepted during the auction shall be simultaneously
announced at the in-person sale and visible to the public
online at the time the bids are placed. Any maximum bid amounts
provided by bidders ahead of the sale shall not be visible to
the public until the bid is placed.
(h) There shall be no fee charged to the public to view
properties for sale online or to participate in any auction in
person or online.

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(i) Any third-party online sale provider may not maintain
custody of sale funds on behalf of the judge, sheriff, or other
person conducting the sale unless specifically approved by the
court to maintain custody of funds on their behalf.
(j) The sheriff or other person conducting the sale shall
require a person seeking to bid electronically online to
complete a registration process that includes providing
information relevant to properly identify the bidder, contact
the bidder, and complete the sale of the property as
determined by the sheriff or other person conducting the sale.
(k) If the person registering to bid is an individual, the
information required shall include the individual's name,
electronic mail address, and telephone number.
(l) If the person registering to bid is an entity, the
information required in this Section shall include the
entity's legal name, name of an individual contact person for
the entity, electronic mail address, and telephone number.
(m) The sheriff or other person conducting the sale online
shall require all bidders who wish to participate in bidding
online to have their identity verified through an
identification verification process before a bid can be placed
online, which may include verification through a government
issued identification, biometric verification, or other method
of verification as determined by the judge, sheriff, or other
person conducting the sale. If a bidder's identity cannot be
verified through the verification process, then the bidder may

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be prohibited from participating in the online sale.
(n) The purchaser at the sale shall submit to the person
conducting the sale the following information prior to the
sale being finalized:
(1) All winning purchasers shall provide any required
information to be checked against the federal Office for
Foreign Assets Control sanction list by the person
conducting the sale before finalizing the purchase of the
property. The person conducting the sale shall check the
winning purchaser against the sanction list before an
order approving the sale may be entered.
(2) If the purchaser is an individual, the information
shall include the individual's name, physical mailing
address, electronic mail address, and any other
information requested by the person conducting the sale to
adequately identify and contact the purchaser;
(3) If the purchaser is an entity, the information
shall include the entity's legal name, trade name if
different from its legal name, state and date of
formation, mailing address, proof of business registration
with the State of Illinois, and the name of an individual
contact person for the entity, electronic mail address,
and the person's telephone number.
(4) If the purchaser fails to provide the required
information within the time period designated by the
judge, sheriff, or other person conducting the sale, the

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purchaser is in default and the judge, sheriff, or other
person conducting the sale may void the sale and proceed
with a resale.
(o) Any person conducting a sale online must obtain
evidence of satisfactory internal informational security
controls that meet industry standards and are maintained by
the platform used to conduct online sales. Upon the request of
the court or interested party to the case, the person
conducting the sale shall provide such evidence of
satisfactory internal controls regarding data security that
may be in the form of an annual SOC2 Report, with the ability
to test and report on the design effectiveness (Type 1) and
operating effectiveness (Type 2) of the platform's controls,
or another form acceptable to the court ensuring performance
and security requirements are met.
(p) The person conducting the sale and the third-party
online sale provider may engage in activities to promote and
market the sale to encourage and facilitate bidding, including
listing the property on real estate websites and conduct email
campaigns. The person conducting the sale or the third-party
online sale provider is solely responsible for paying all fees
or expenses incurred in connection with such activities.
(735 ILCS 5/15-1510.1 new)
Sec. 15-1510.1. Third-party purchaser fees and costs.
Notwithstanding any other provision of law to the contrary,

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