Except as provided in subsection (d) of Section 15-1501, the interest in the mortgaged real estate of (i) all persons made a party in such foreclosure and (ii) all nonrecord claimants given notice in accordance with paragraph (2) of subsection (c) of Section 15-1502, shall be terminated by the judicial sale of the real estate, pursuant to a judgment of foreclosure, provided the sale is confirmed in accordance with this Article.
15-1404.Judicial Foreclosure.
Article XV. Mortgage Foreclosure · Part 14. Methods of Terminating · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 15-1404 states the core rule for judicial foreclosure: a judicial sale under a confirmed judgment of foreclosure terminates the interests of every party and every noticed nonrecord claimant in the mortgaged real estate, apart from the exception in Section 15-1501(d).
Full Text of 735 ILCS 5/15-1404
Plain-English Summary
Section 15-1404 is the hinge on which judicial foreclosure turns. Once a judgment of foreclosure is entered and the resulting judicial sale is confirmed under this Article, the interests in the mortgaged real estate of everyone made a party to the foreclosure, and of every nonrecord claimant given notice under Section 15-1502(c)(2), come to an end.
Two things have to happen before that termination takes effect: the sale itself, and the court's confirmation of it. A completed sale that's never confirmed doesn't cut off these interests. The section carries one express exception, in subsection (d) of Section 15-1501, which addresses a person's right to become a party.
Frequently Asked Questions
What terminates a party's interest in mortgaged real estate under Section 15-1404?
A judicial sale conducted under a judgment of foreclosure, once the court confirms that sale.
Whose interests get terminated by a confirmed foreclosure sale?
The interests of all persons made a party to the foreclosure, and of all nonrecord claimants given notice under Section 15-1502(c)(2).
Does the sale alone terminate these interests, or does confirmation matter too?
Confirmation matters. Section 15-1404 requires that the sale be confirmed under this Article for the termination to take effect.
Is there any exception to Section 15-1404's termination rule?
Yes, the exception stated in subsection (d) of Section 15-1501.
Where does the confirmation process appear in Article XV?
Section 15-1508 sets out the report of sale and the confirmation hearing standard.
Amendment History
(Source: P.A. 85-907.)
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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