ILLINOIS SENATE AMENDS PROCEDURAL RULES AFFECTING FORECLOSURES

In May of this year the Illinois Senate implemented changes to its procedural rules affecting foreclosures. 2023 Illinois Senate Bill No. 201. Specifically, Section 15-1503 entitled “Notice of Foreclosure” was amended to eliminate subsection (b) of that section which previously required publishing of the notice of foreclosure with the local municipality or, if the foreclosed property was in an “unincorporated territory,” with the county where the property was located.

The Amendment also created Section 15-1515 entitled “COVID-19 emergency sealing of court file,” which affects foreclosures of residential real estate[i] that were filed between March 9, 2020, and December 31, 2021 (defined as the “COVID-19 emergency and economic recovery period”). For foreclosures filed during the COVID-19 period, with some exceptions, a mortgagor can motion the court to seal the court file.

[i] The term “residential real estate” includes real estate that is improved with a single-family residence or residential condominium units or dwelling structures containing single family dwelling units for six or fewer families living independently of each other regardless of whether the mortgagor occupies any of the dwellings. 735 Ill. Comp. Stat. Ann. 5/15-1219.