13-107.1.Two years with possession and record title derived from a judicial foreclosure sale.
Article XIII. Limitations · Part 1. Real Actions · Last amended 2018 · Last verified July 20, 2026
In one sentenceSets a 2-year limitations period, shorter than the general 7-year rule, to recover land from a purchaser who took possession through a judicial foreclosure sale under a court order.
tenements, or hereditaments of which any person may be possessed for 2 successive years, having a connected title, deductible of record, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to a court order, shall be brought within 2 years after possession is taken. When the purchaser acquires title and has taken possession, the limitation shall begin to run from the date a mortgagee or a purchaser at a judicial foreclosure sale takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law or Article IX of this Code. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section.
(b)This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
Plain-English Summary
This section narrows Section 13-107's 7-year period for a specific class of possessor: someone with record title as a purchaser at a judicial foreclosure sale, other than a mortgagee taking possession under a foreclosure order, or someone who later acquired title from such a purchaser or mortgagee. For them, the clock runs down in 2 years rather than 7.
The 2-year period starts when the mortgagee or foreclosure-sale purchaser takes possession under the court order, whether that order comes under the Illinois Mortgage Foreclosure Law or under Article IX of this Code. If a later purchaser then acquires both title and possession, the clock still traces back to that original, court-ordered possession date.
The section preserves the limitation even if the underlying foreclosure order is later vacated or modified under Section 2-1401; that later change to the judgment doesn't reset or extend the 2-year clock. It applies only to actions filed on or after 180 days following the effective date of the amendatory Act that created it, Public Act 100-1048.
Frequently Asked Questions
How long does someone have to challenge possession taken after a judicial foreclosure sale?
Two years, shorter than the general 7-year period in Section 13-107.
When does the 2-year clock start running?
When the mortgagee or the purchaser at the judicial foreclosure sale takes possession under the court order.
Does vacating the foreclosure judgment under Section 2-1401 restart the 2-year period?
No. The section states that vacation or modification of the order under Section 2-1401 doesn't affect this limitation.
Which court orders trigger this 2-year period?
Orders entered under the Illinois Mortgage Foreclosure Law or under Article IX of this Code.
Does this 2-year rule apply to every foreclosure case ever filed?
No. It applies only to actions filed on or after 180 days after the effective date of the amendatory Act of the 100th General Assembly that enacted it.
Amendment History
(Source: P.A. 100-1048, eff. 8-23-18.)
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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