Every person in the actual possession of lands or tenements, under claim and color of title, 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 such a court order, and who for 2 successive years continues in possession, and also, during such time, pays all taxes legally assessed on the lands or tenements, shall be held and adjudged to be the legal owner of the lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy, or descent, before such 2 years have expired, and who continue possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section. 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. This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
13-109.1.Payment of taxes with color of title derived from judicial foreclosure.
Article XIII. Limitations · Part 1. Real Actions · Last amended 2018 · Last verified July 20, 2026
In one sentenceApplies the same color-of-title-plus-taxes ownership rule as Section 13-109, but on a 2-year timetable, to possessors whose title traces to a judicial foreclosure sale.
Full Text of 735 ILCS 5/13-109.1
Plain-English Summary
This section mirrors Section 13-109's mechanism - actual possession under color of title, plus paying all legally assessed taxes, converts a claim into legal ownership - but shortens the term to 2 years for a specific group: purchasers at a judicial foreclosure sale, other than a mortgagee taking possession under a foreclosure order, and those who later take title from such a purchaser or mortgagee.
As with Section 13-109, successors who take over the possession by purchase, legacy, or descent before the 2 years expire can complete the term themselves and claim the same benefit.
The section also protects against a vacated or modified foreclosure judgment: a later change to the order under Section 2-1401 doesn't affect the 2-year limitation already running. It applies to actions filed on or after 180 days after the effective date of the amendatory Act of the 100th General Assembly.
Frequently Asked Questions
How does Section 13-109.1 differ from Section 13-109?
It uses the same color-of-title-plus-taxes mechanism, but sets a 2-year term instead of 7 years, and applies only to title derived from a judicial foreclosure sale.
Who qualifies for the 2-year version of this rule?
A purchaser at a judicial foreclosure sale, other than a mortgagee taking possession under a court order, or someone who later acquires title from such a purchaser or mortgagee.
Does vacating the foreclosure order under Section 2-1401 reset the 2-year period?
No. The statute says vacation or modification under Section 2-1401 doesn't affect this limitation.
Can someone who buys the property partway through the 2 years still qualify?
Yes, if they continue the possession and tax payments through the remainder of the 2-year term.
Does this section apply to every judicial foreclosure sale?
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 created 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
Also known as: illinois two year tax payment foreclosure ownershipjudicial foreclosure color of title illinois taxesillinois foreclosure purchaser pay taxes ownership