The following findings directly relate to the changes made by this amendatory Act of the 97th General Assembly. The General Assembly finds that residential mortgage foreclosures and the abandoned properties that sometimes follow create enormous challenges for Illinois residents, local governments, and the courts, reducing neighboring property values, reducing the tax base, increasing crime, placing neighbors at greater risk of foreclosure, imposing additional costs on local governments, and increasing the burden on the courts of this State; conversely, maintaining and securing abandoned properties stabilizes property values and the tax base, decreases crime, reduces the risk of foreclosure for nearby properties, thus reducing costs for local governments and making a substantial contribution to the operation and maintenance of the courts of this State by reducing the volume of matters which burden the court system in this State. The General Assembly further finds that the average foreclosure case for residential property takes close to 2 years in Illinois; when a property is abandoned, the lengthy foreclosure process harms lien-holders, neighbors, and local governments, and imposes significant and unnecessary burdens on the courts of this State; and an expedited foreclosure process for abandoned residential property can also help the courts of this State by decreasing the volume of foreclosure cases and allowing these cases to proceed more efficiently through the court system. The General Assembly further finds that housing counseling has proven to be an effective way to help many homeowners find alternatives to foreclosure; and that housing counseling therefore also reduces the volume of matters which burden the court system in this State and allows the courts to more efficiently handle the burden of foreclosure cases.
15-1108.Declaration of policy relating to abandoned residential property.
Article XV. Mortgage Foreclosure · Part 11. General Provisions · Last amended 2013 · Last verified July 20, 2026
In one sentenceThis section records the General Assembly's 2011 findings on the harms of abandoned residential property in foreclosure and the benefits of an expedited process and housing counseling, without creating any enforceable rule of its own.
Full Text of 735 ILCS 5/15-1108
Plain-English Summary
Section 15-1108 is a declaration of policy, not an operative rule. It records findings the General Assembly made when it amended the Article in 2011: that residential foreclosures and the abandoned properties they sometimes leave behind hurt residents, local governments, and courts by lowering neighboring property values, shrinking the tax base, raising crime, increasing the risk of foreclosure for nearby owners, and straining local government and court resources, while securing and maintaining abandoned property does the opposite.
The findings go on to note that a typical Illinois residential foreclosure took close to two years, that an abandoned property makes that long timeline especially harmful to lienholders, neighbors, and local governments, and that an expedited process for abandoned residential property can ease the burden on courts. The section closes by crediting housing counseling as an effective way to help homeowners find alternatives to foreclosure and, in turn, reduce the volume of cases before the courts.
Because this section only states legislative findings, it does not itself impose duties, grant rights, or set procedure. Its purpose is to explain why the Article contains the abandoned-property definitions and expedited mechanisms found elsewhere, including Section 15-1200.5's definition of abandoned residential property.
Frequently Asked Questions
What problem was Section 15-1108 written to address?
The harms that residential mortgage foreclosures and the abandoned properties left behind cause to residents, local governments, and courts.
Does this section create any enforceable rights or duties?
No. It is a declaration of policy and legislative findings, not an operative rule.
What did the General Assembly find about how long foreclosure cases take?
That the average residential foreclosure case in Illinois takes close to two years, and that an abandoned property makes that length especially harmful.
How does this section relate to the definition of abandoned residential property?
It explains the legislative motivation behind the abandoned-property provisions, including the definition in Section 15-1200.5, even though it does not itself define the term.
Why does the section mention housing counseling?
The General Assembly found that housing counseling helps homeowners find alternatives to foreclosure, which in turn reduces the volume of cases burdening the courts.
Amendment History
(Source: P.A. 97-1164, eff. 6-1-13.)
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 abandoned property foreclosure findingsdeclaration of policy mortgage foreclosure illinoiswhy does illinois have abandoned property foreclosure rules