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15-1225.Residential real estate in foreclosure.

Article XV. Mortgage Foreclosure · Part 12. Definitions · Last amended 2013 · Last verified July 20, 2026

In one sentenceThis section defines “residential real estate in foreclosure,” for specific tenant-protection sections, as qualifying residential property where a foreclosure action is pending, was pending when a bona fide lease was signed, or was filed afterward.

Full Text of 735 ILCS 5/15-1225

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For purposes of Sections 9-207.5, 15-1224, 15-1506, 15-1508, and 15- 1701 of this Code only, the term "residential real estate in foreclosure" means any real estate, except a single tract of agricultural real estate consisting of more than 40 acres, which is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for one or more families living independently of one another, for which an action to foreclose the real estate: (1) has commenced and is pending; (2) was pending when the bona fide lease was entered into or renewed; or (3) was commenced after the bona fide lease was entered into or renewed.

Plain-English Summary

Section 15-1225 supplies another limited-purpose definition, used only in Sections 9-207.5, 15-1224, 15-1506, 15-1508, and 15-1701. It defines residential real estate in foreclosure as real estate, other than a single tract of agricultural real estate over 40 acres, improved with a single family residence, residential condominium units, or a multiple dwelling structure containing single family dwelling units for one or more families living independently of one another.

The property must also satisfy one of three foreclosure-timing conditions: an action to foreclose has commenced and is pending, an action was pending when the bona fide lease was entered into or renewed, or an action was commenced after the bona fide lease was entered into or renewed. Because the definition covers structures with dwelling units for “one or more families,” rather than the six-or-fewer-family cap in Section 15-1219's residential real estate definition, this term reaches a broader range of properties for the tenant-protection purposes the listed sections serve.

Frequently Asked Questions

How does residential real estate in foreclosure differ from residential real estate under Section 15-1219?

This section covers structures with dwelling units for one or more families rather than capping at six or fewer, and it requires a connection to a pending or later-filed foreclosure action rather than occupancy by the mortgagor or a related party.

Does the timing of a lease affect whether property counts under this definition?

Yes, the property qualifies if the foreclosure action was pending when the bona fide lease was entered into or renewed, or if the foreclosure was commenced after that lease was entered into or renewed, in addition to a currently pending action.

Is there a cap on the number of dwelling units under this section?

No upper cap appears here; the section covers single family dwelling units for one or more families living independently of one another.

Which sections use this specific definition?

Sections 9-207.5, 15-1224, 15-1506, 15-1508, and 15-1701.

Why does the Article need a separate definition just for tenant-protection purposes?

It lets the bona fide lease protections in Section 15-1224 and related sections apply to a defined category of foreclosure-connected residential property without altering the general residential real estate definition in Section 15-1219.

Amendment History

(Source: P.A. 98-514, eff. 11-19-13.)

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 residential real estate in foreclosure definitionbona fide lease property definition illinoistenant protection residential real estate foreclosure illinois