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| Public Act 103-0930
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| SB2919 Enrolled | LRB103 35721 LNS 65801 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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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:
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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 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.)
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(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 |
