(a) Other Statutes. Except as otherwise provided in this Article, the mode of procedure, including the manner of service of pleadings and other papers and service by publication, shall be in accordance with the provisions of Article II of the Illinois Code of Civil Procedure and any other statutes of this State which are from time to time applicable, and with Illinois Supreme Court Rules applicable to actions generally or otherwise applicable. If a mortgage lien is being foreclosed under this Article and one or more non-mortgage liens or encumbrances is being foreclosed or enforced in the same proceedings, then, regardless of the respective priorities of the various liens or encumbrances, the procedures and all other provisions of this Article shall govern such proceedings, and any inconsistent statutory provisions shall not be applicable. Without limiting the foregoing, any provision of Article XII or any other Article of the Code of Civil Procedure shall apply unless inconsistent with this Article and, in case of such inconsistency, shall not be applicable to actions under this Article.
15-1107.Mode of Procedure.
Article XV. Mortgage Foreclosure · Part 11. General Provisions · Last amended 2009 · Last verified July 20, 2026
In one sentenceThis section sets the procedural backdrop for foreclosure cases, folding in Article II and Supreme Court Rules for anything the Article does not cover, addressing mechanics' lien claimants, and deeming installment contract and land trust parties to be mortgagor and mortgagee.
Full Text of 735 ILCS 5/15-1107
(b) Mechanics' Liens. Mechanics' liens shall be enforced as provided in the Mechanics Lien Act; provided, however, that any mechanics' lien claimant may assert such lien in a foreclosure under this Article, may intervene in such foreclosure in accordance with this Article and may be made a party in such foreclosure.
(c) Instruments Deemed a Mortgage. For the purpose of proceeding under this Article, any instrument described in paragraph (2) or (3) of subsection (a) of Section 15-1106, or in subsection (b) or (c) of Section 15-1106 which is foreclosed under this Article shall be deemed a mortgage. For such purpose, the real estate installment contract purchaser, the assignor of the beneficial interest in the land trust and the debtor, as appropriate, shall be deemed the mortgagor, and the real estate installment contract seller, the assignee of the beneficial interest in the land trust and the secured party, as appropriate, shall be deemed the mortgagee.
Plain-English Summary
Subsection (a) supplies the procedural default: except where Article XV says otherwise, service of pleadings, publication, and general procedure follow Article II of the Code of Civil Procedure, other applicable statutes, and the Illinois Supreme Court Rules. When a mortgage lien and one or more non-mortgage liens are foreclosed or enforced together, Article XV's procedures control the whole proceeding regardless of lien priority, and any inconsistent statute gives way. The same rule applies to Article XII or any other Article of the Code: it governs unless it conflicts with Article XV, in which case Article XV wins.
Subsection (b) leaves mechanics' liens to the Mechanics Lien Act for their substantive enforcement, but lets a mechanics' lien claimant assert its lien inside an Article XV foreclosure, intervene under the Article's procedures, and be joined as a party.
Subsection (c) extends the Article's vocabulary to non-mortgage instruments that get foreclosed under it. Installment contracts and collateral assignments of beneficial interest described in Section 15-1106, once foreclosed under this Article, are treated as a mortgage. The installment contract purchaser, the land trust beneficiary who assigned the interest, and the debtor are each deemed the mortgagor, while the installment contract seller, the assignee of the beneficial interest, and the secured party are each deemed the mortgagee.
Frequently Asked Questions
What procedural rules fill gaps left by Article XV?
Article II of the Code of Civil Procedure, other applicable Illinois statutes, and the Illinois Supreme Court Rules, except where Article XV provides its own procedure.
What happens when a mortgage lien and a mechanics' lien are foreclosed in the same case?
Article XV's procedures govern the whole proceeding, and any inconsistent statutory provision does not apply, regardless of the liens' relative priority.
Can a mechanics' lien claimant join a mortgage foreclosure case?
Yes. The claimant may assert the lien in the foreclosure, intervene under Article XV's procedures, and be made a party.
Who is treated as the mortgagor when the real estate is under an installment contract?
The real estate installment contract purchaser is deemed the mortgagor for purposes of proceeding under this Article.
Does Article XII of the Code of Civil Procedure apply to a foreclosure action?
Yes, unless it is inconsistent with Article XV, in which case Article XV controls and the inconsistent provision does not apply.
Amendment History
(Source: P.A. 96-328, eff. 8-11-09.)
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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