Illinois Compiled Statutes 735 ILCS 5/15-1515 – COVID-19 emergency sealing of court file
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(a) As used in this Section:
“Court file” means the court file created when a foreclosure action is filed with the court.
“COVID-19 emergency and economic recovery period” means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19 and ending on December 31, 2021.
(b) The court may seal the file, upon motion of a mortgagor, of any foreclosure action filed during the COVID-19 emergency and economic recovery period if the action was not subject to the moratoria enacted by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Department of Veterans Affairs. If an action was filed during the COVID-19 emergency and economic recovery period because it qualified under an exception to one of the above moratoria, the action is not subject to being sealed under this Section. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this amendatory Act of the 103rd General Assembly and is not sealed, the court shall order the sealing of the court file.
(c) 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 the mortgagor’s personal residence.
(d) This Section is repealed on June 1, 2025.
“Court file” means the court file created when a foreclosure action is filed with the court.
Terms Used In Illinois Compiled Statutes 735 ILCS 5/15-1515
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- 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.
- shall: as used in this Article means mandatory and not permissive. See Illinois Compiled Statutes 735 ILCS 5/15-1105
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
“COVID-19 emergency and economic recovery period” means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19 and ending on December 31, 2021.
(b) The court may seal the file, upon motion of a mortgagor, of any foreclosure action filed during the COVID-19 emergency and economic recovery period if the action was not subject to the moratoria enacted by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Department of Veterans Affairs. If an action was filed during the COVID-19 emergency and economic recovery period because it qualified under an exception to one of the above moratoria, the action is not subject to being sealed under this Section. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this amendatory Act of the 103rd General Assembly and is not sealed, the court shall order the sealing of the court file.
(c) 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 the mortgagor’s personal residence.
(d) This Section is repealed on June 1, 2025.