Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, no real estate shall be sold by virtue of any judgment, except at public sale, between the hours of 9 in the morning and the setting of the sun of the same day, nor unless the time (specifying the particular hour of day at which the sale shall commence) and the place of holding such sale shall have been previously advertised 3 successive weeks, once in each week, in a newspaper published in the county where the sale is made (if there is any newspaper published in such county), and by placing written or printed notices thereof in at least 3 of the most public places in the county where the real estate is situated, specifying the name of the judgment creditor and judgment debtor in the judgment in all of which notices the real estate to be sold shall be described with reasonable certainty, and if there is more than one newspaper published in such county, the judgment creditor or his or her attorney may designate the newspaper in which such notice shall be published.
12-115.Notice of sale of real estate.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExcept for Article XV foreclosure sales, real estate sold to enforce a judgment must be auctioned publicly between 9 a.m. and sunset, after three successive weekly newspaper notices and postings in three public places in the county.
Full Text of 735 ILCS 5/12-115
Plain-English Summary
Real estate can't be sold under a judgment except at a public sale held between 9 in the morning and sunset the same day. Before that sale can happen, the specific hour it will start and the place it will be held must be advertised three successive weeks, once each week, in a newspaper published in the county where the sale is held, if any newspaper is published there.
Notice also has to go up in at least three of the county's most public places. Both the newspaper notice and the posted notices must name the judgment creditor and judgment debtor and describe the real estate with reasonable certainty. If more than one newspaper is published in the county, the judgment creditor or their attorney gets to pick which one carries the notice. Foreclosure sales conducted under Article XV follow their own procedure and fall outside this section.
Frequently Asked Questions
What hours can a judgment sale of real estate happen in Illinois?
Between 9 in the morning and the setting of the sun on the same day.
How far in advance must a judgment sale of real estate be advertised?
Three successive weeks, once each week, in a newspaper published in the county where the sale is held, if one exists.
Where else must notice of the sale be posted?
In at least three of the most public places in the county where the real estate is located.
What information must the sale notice include?
The name of the judgment creditor and judgment debtor, and a description of the real estate with reasonable certainty.
Who chooses the newspaper if the county has more than one?
The judgment creditor or their attorney.
Amendment History
(Source: P.A. 84-1462.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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