No sale shall be made of the premises on such judgment unless a greater sum than $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individual owners is bid therefor. If a greater sum is not so bid, the judgment may be set aside or modified, or the enforcement of the judgment released, as for lack of property.
12-909.Bid for less than exempted amount.
Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Last amended 2026 · Last verified July 20, 2026
In one sentenceBlocks a judgment sale of homestead property unless the winning bid tops $50,000 (or $100,000 for co-owned homes), and lets the judgment be set aside if no one bids that much.
Full Text of 735 ILCS 5/12-909
Plain-English Summary
This section protects the homestead exemption at the auction itself. No sale of the premises may go forward on the judgment unless someone bids more than $50,000 for property owned by a single individual, or $100,000 for property owned by two or more individuals.
If no bid clears that threshold, the judgment may be set aside or modified, or its enforcement released, as if the debtor had no property to satisfy it.
Frequently Asked Questions
What's the minimum bid needed to force a sale of homestead property?
More than $50,000 for a single owner, or more than $100,000 for property owned by two or more individuals.
What happens if no one bids more than the threshold?
The judgment may be set aside or modified, or its enforcement released, as if the debtor lacked property to satisfy it.
Does the higher $100,000 threshold apply to any co-owned homestead?
Yes, whenever the premises are owned by two or more individuals.
Does this section set the exemption amount itself?
No. It protects the sale process using the amount already set in the surrounding homestead sections.
What's the practical effect of an insufficient bid?
The sale doesn't happen, and the judgment is treated as if there were no property available to satisfy it.
Amendment History
(Source: P.A. 104-120, eff. 1-1-26.)
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
Also known as: minimum bid for homestead sale illinoisjudgment sale homestead exemption illinoisinsufficient bid homestead judgment sale illinoissetting aside a judgment for lack of property illinois