In case the value of the premises is, in the opinion of the commissioners, more than $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individual owners, and cannot be divided as is provided for in Section 12-910 of this Act, they shall make and sign an appraisal of the value thereof, and deliver the same to the officer, who shall deliver a copy thereof to the judgment debtor, or to some one of the family of the age of 13 years or upwards, with a notice thereto attached that unless the judgment debtor pays to such officer the surplus over and above $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individual owners on the amount due on the judgment within 60 days thereafter, such premises will be sold.
12-911.Notice to judgment debtor.
Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Last amended 2026 · Last verified July 20, 2026
In one sentenceRequires the officer to notify a judgment debtor, once commissioners find the homestead can't be divided and is worth more than the exemption, that the debtor must pay the surplus within 60 days or the property will be sold.
Full Text of 735 ILCS 5/12-911
Plain-English Summary
This section picks up where the appraisal process leaves off. If the commissioners decide the premises are worth more than the exemption amount and can't be divided, they sign an appraisal and deliver it to the officer.
The officer then delivers a copy to the judgment debtor, or to a family member age 13 or older if the debtor isn't reached directly, with an attached notice: unless the debtor pays the surplus over the exemption amount toward the judgment within 60 days, the premises will be sold.
Frequently Asked Questions
What triggers the notice required under this section?
Commissioners finding the property worth more than the exemption amount and unable to be divided.
Who can receive the notice if the debtor isn't reached directly?
A family member age 13 or older.
How many days does the debtor have to pay the surplus?
60 days.
What must the debtor pay to avoid a sale?
The surplus above $50,000 for a single owner or $100,000 for two or more owners, applied toward the amount due on the judgment.
What happens if the debtor doesn't pay within 60 days?
The premises may be sold, as provided in the following section.
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: 60 day notice homestead sale illinoisjudgment debtor notice homestead exemption illinoisnotice before homestead property sale illinoishow to pay surplus over homestead exemption illinois