In case of such surplus, or the amount due on the judgment is not paid within the 60 days, the officer may advertise and sell the premises, and out of the proceeds of such sale pay to such judgment debtor the sum of $50,000 for premises owned by an individual owner or $100,000 for premises owned by 2 or more individual owners, and apply the balance on the judgment.
12-912.Sale of premises - Distribution of proceeds.
Article XII. Judgments - Enforcement · Part 9. Exemption of Homestead · Last amended 2026 · Last verified July 20, 2026
In one sentenceAuthorizes the officer to sell homestead property when the debtor doesn't pay the required surplus within 60 days, pay the debtor the exempt amount from the proceeds, and apply the rest to the judgment.
Full Text of 735 ILCS 5/12-912
Plain-English Summary
This section closes out the homestead appraisal and sale process. If there's a surplus over the exemption amount, or the debtor doesn't pay what's due within the 60-day window from the prior section, the officer may advertise and sell the premises.
Out of the sale proceeds, the officer pays the judgment debtor $50,000 for a single owner, or $100,000 for two or more owners, and applies whatever remains to the judgment.
Frequently Asked Questions
When can the officer sell the homestead property under this section?
When the debtor doesn't pay the required surplus within the 60-day window set by the prior section.
How much does the debtor receive from the sale proceeds?
$50,000 for a single owner, or $100,000 for two or more owners.
What happens to the rest of the sale proceeds?
They're applied to the judgment.
Does the officer need a separate court order to sell at this stage?
The section authorizes the officer to advertise and sell directly once the 60-day period has passed without payment.
Which section sets the 60-day deadline referenced here?
The preceding section on notice to the judgment debtor.
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: selling homestead property illinois judgmentdistribution of homestead sale proceeds illinoisofficer sale of homestead after 60 days illinoispaying judgment debtor from homestead sale illinois