Illinois Compiled Statutes 735 ILCS 5/15-1514 – Temporary COVID-19 stay of certain foreclosure proceedings and filings
Current as of: 2024 | Check for updates
|
Other versions
(a) This Section applies to any action to foreclose a mortgage relating to (i) residential real estate as defined in Section 15-1219, and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as his or her personal residence.
(b) Any action to foreclose a mortgage pending on the effective date of this amendatory Act of the 102nd General Assembly, including actions filed on or before March 9, 2020, or commenced within 30 days of the effective date of this amendatory Act of the 102nd General Assembly, shall be stayed until May 1, 2021.
(c) No court shall accept for filing any action to foreclose a mortgage before May 1, 2021.
(d) All deadlines related to any pending foreclosure proceeding on the effective date of this Section, including the running of any redemption period, are tolled until May 1, 2021.
(e) If any clause, sentence, paragraph, subsection, or part of this Section shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part of this Section directly involved in the controversy in which the judgment shall have been rendered.
(b) Any action to foreclose a mortgage pending on the effective date of this amendatory Act of the 102nd General Assembly, including actions filed on or before March 9, 2020, or commenced within 30 days of the effective date of this amendatory Act of the 102nd General Assembly, shall be stayed until May 1, 2021.
Terms Used In Illinois Compiled Statutes 735 ILCS 5/15-1514
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- may: as used in this Article means permissive and not mandatory. See Illinois Compiled Statutes 735 ILCS 5/15-1105
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- shall: as used in this Article means mandatory and not permissive. See Illinois Compiled Statutes 735 ILCS 5/15-1105
(c) No court shall accept for filing any action to foreclose a mortgage before May 1, 2021.
(d) All deadlines related to any pending foreclosure proceeding on the effective date of this Section, including the running of any redemption period, are tolled until May 1, 2021.
(e) If any clause, sentence, paragraph, subsection, or part of this Section shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part of this Section directly involved in the controversy in which the judgment shall have been rendered.