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| Public Act 095-0826 |
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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 15-1508 as follows:
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(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
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Sec. 15-1508. Report of Sale and Confirmation of Sale.
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(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.
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(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
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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) that justice | ||||
was otherwise not done, the court shall
then enter an order | ||||
confirming the sale. The confirmation order may
also:
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(1) approve the mortgagee's fees and costs arising | ||||
between the entry of
the judgment of foreclosure and the | ||||
confirmation hearing, those costs and
fees to be allowable | ||||
to the same extent as provided in the note and mortgage
and | ||||
in Section 15-1504;
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(2) provide for a personal judgment against any party | ||
for a deficiency;
and
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(3) determine the priority of the judgments of parties | ||
who deferred proving
the priority pursuant to subsection | ||
(h) of Section 15-1506, but
the court shall not
defer | ||
confirming the sale pending the determination of such | ||
priority.
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(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. | ||
(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
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judgment to set aside the sale, provided that such party shall | ||
guarantee or
secure by bond a bid equal to the successful bid | ||
at the prior sale. Any
subsequent sale is subject to the same | ||
notice requirement as the original sale.
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(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
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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
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mortgagee the reasonable expenses of litigation, including | ||
reasonable attorney's fees.
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(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
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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.
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(f) Satisfaction. Upon confirmation of the sale, the
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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.
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(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.
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An order of possession 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 and in the order of possession and shall
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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.
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Notwithstanding the preceding paragraph, the failure to | ||
personally
name,
include, or seek an award of
possession of the | ||
mortgaged real estate 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 a | ||
proceeding against
that person for
possession under Article 9 | ||
of this Code or subsection (h) of Section 15-1701;
and | ||
possession against 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 9 of this
Code or subsection (h) of Section 15-1701.
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(Source: P.A. 88-265; 89-203, eff. 7-21-95.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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