No real estate within this State may be sold by virtue of any power of sale contained in a mortgage or any other agreement, and all such mortgages may only be foreclosed in accordance with this Article.
15-1405.Power of Sale.
Article XV. Mortgage Foreclosure · Part 14. Methods of Terminating · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 15-1405 bars any non-judicial power-of-sale foreclosure in Illinois, requiring every mortgage foreclosure to proceed under this Article's judicial process.
Full Text of 735 ILCS 5/15-1405
Plain-English Summary
Some states let a mortgage grant the lender a private power of sale, letting the lender sell the property without going to court. Illinois doesn't. Section 15-1405 states flatly that no real estate in the state may be sold under a power of sale in a mortgage or any other agreement.
Instead, every such mortgage may only be foreclosed in accordance with this Article -- the judicial process the rest of Part 14 and Part 15 spell out, running through a complaint, judgment, judicial sale, and confirmation, rather than a private sale conducted at the lender's initiative.
Frequently Asked Questions
Can a mortgage in Illinois be foreclosed through a private power-of-sale clause?
No. Section 15-1405 states that no real estate may be sold under any power of sale in a mortgage or other agreement.
How must a mortgage be foreclosed in Illinois instead?
Only in accordance with Article XV -- the judicial foreclosure process.
Does it matter if the mortgage itself grants a power of sale?
No. Section 15-1405 overrides any such clause; the mortgage may still only be foreclosed judicially.
Are there any exceptions that let a mortgagee foreclose outside a judicial sale?
Sections 15-1402 and 15-1403 provide for consent foreclosure and common law strict foreclosure, but neither is a private power-of-sale foreclosure.
Why does Illinois require judicial foreclosure?
Section 15-1405 makes it the mandatory process, replacing any private sale power a mortgage might otherwise attempt to grant.
Amendment History
(Source: P.A. 84-1462.)
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: does illinois allow power of sale foreclosureillinois requires judicial foreclosurenon-judicial foreclosure illinois banned