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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Deletes the provision that in a judicial sale the person conducting the sale has the discretion to set the terms of sale. Provides that the sheriff or other person conducting the sale may charge an additional fee as a reasonable expense of the sale for costs associated with conducting the sale online. Requires that the purchaser must provide the sale deposit, if applicable, and the balance due to the sheriff or other person conducting the sale at least 24 hours after the end of the sale, unless otherwise set forth by the sheriff or other person conducting the sale, in a designated form. Provides that in every sale of residential real estate conducted online: (1) the sale may be held open for bidding for up to 3 days and extended by the person conducting the sale as needed to allow for all active competitive bidding to occur, counted in accordance with the provisions of the Statute on Statutes; and (2) bidding shall be open to everyone for the entire duration of the bidding period.

Spectrum: Partisan Bill (Democrat 2-0)

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

Download: Illinois-2023-SB2919-Enrolled.html

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SB2919 Enrolled LRB103 35721 LNS 65801 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 15-1507 and by adding Sections 15-1507.2 and
15-1510.1 as follows:
(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 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

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Section 15-1506.
(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, online, or both,
if available.
(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
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: ;

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(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;
(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

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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
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

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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.
(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.

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(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
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

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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.)
(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 as a reasonable expense of the sale for costs associated

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with conducting the sale online.
(e) For any foreclosure involving residential real estate,
the fee set forth in subsection (d) may 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
charged under this Section shall not reduce or impact the
sheriff's fees set forth 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 recordkeeping, 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.
(i) Any third-party online sale provider may not maintain
custody of sale funds on behalf of the judge, sheriff, or other

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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
be prohibited from participating in the online sale.
(n) The purchaser at the sale shall submit to the person

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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) The purchaser must provide the sale deposit, if
applicable, and the balance due to the sheriff or other
person conducting the sale at least 24 hours after the end
of the sale, unless otherwise set forth by the sheriff or
other person conducting the sale, in the form designated

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by the sheriff or other person conducting the sale.
(5) 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
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 maintain
evidence of satisfactory internal informational security
controls that meet industry standards and are maintained by
the platform used to conduct online sales. Such evidence of
satisfactory internal controls regarding data security may be
in the form of an annual SOC 2 Report certification, 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 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 conducting
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.
(q) In every sale conducted online of residential real

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estate, (1) the sale may be held open for bidding for up to 3
days and extended by the person conducting the sale as needed
to allow for all active competitive bidding to occur, counted
in accordance with Section 1.11 of the Statute on Statutes;
and (2) bidding shall be open to everyone for the entire
duration of the bidding period.