Bill Text: IL SB0111 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that in addition to giving notice of a judicial sale pursuant to applicable court rules to all parties in the action who have appeared and have not previously been found by the court to be in default, the notice shall also be sent to the mortgagor, even if the mortgagor was found in default, and to the mortgagor's attorney, if any, at their designated addresses or, if none, at the foreclosed property. Effective January 1, 2012.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0111 Detail]

Download: Illinois-2011-SB0111-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB0111 Introduced 1/27/2011, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
735 ILCS 5/15-1507 from Ch. 110, par. 15-1507
Amends the Code of Civil Procedure. Provides that in addition to giving notice of a judicial sale pursuant to applicable court rules to all parties in the action who have appeared and have not previously been found by the court to be in default, the notice shall also be sent to the mortgagor, even if the mortgagor was found in default, and to the mortgagor's attorney, if any, at their designated addresses or, if none, at the foreclosed property. Effective January 1, 2012.
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A BILL FOR
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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 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. 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.
(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:

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(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;
(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

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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
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; and (ii) such other publications as may be
further ordered by the court.

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(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. With respect to
residential real estate, the notice required under
subsection (c) of this Section shall be sent to the
mortgagor even if the mortgagor has previously been held in
default. If the mortgagor filed a pro se appearance, the
notice shall be sent to the address indicated on the
appearance. If the mortgagor filed an appearance through an
attorney, the notice shall be sent both to the attorney at
the address indicated on the appearance and to the
mortgagor at the common address of the foreclosed property.
In all other cases, the notice shall be sent to the
mortgagor at the common address of the foreclosed property.
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.
(4) The party who gives notice of public sale in
accordance with subsection (c) of Section 15-1507 shall

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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. 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
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

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which separate tracts may be sold.
(e) Receipt upon Sale. 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.
(Source: P.A. 96-1045, eff. 7-14-10.)
Section 99. Effective date. This Act takes effect January
1, 2012.