In addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, whenever it is determined in a foreclosure proceeding that the mortgagor defendant is a person who was deployed to a combat or combat support posting while on active military duty and serving overseas within the previous 12 months, the court must stay the proceedings for a period of 90 days upon application to the court by the mortgagor defendant. "Active military duty" means, for purposes of this Section, service on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.
15-1501.5.Return from combat stay.
Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Last amended 2011 · Last verified July 20, 2026
In one sentenceSection 15-1501.5 requires an Illinois court to stay a foreclosure for 90 days, on the mortgagor's application, when the mortgagor was deployed to a combat or combat-support posting on active military duty within the previous 12 months.
Full Text of 735 ILCS 5/15-1501.5
Plain-English Summary
Beyond the protections of the federal Servicemembers Civil Relief Act, Section 15-1501.5 gives Illinois mortgagors a targeted, automatic-on-application stay. If it's shown in a foreclosure proceeding that the mortgagor defendant was deployed to a combat or combat-support posting while on active military duty and serving overseas within the previous 12 months, the court must stay the proceedings for 90 days once the mortgagor applies for it.
"Active military duty" is defined broadly for this purpose: service as a member of the U.S. Armed Forces, the Illinois National Guard, or any reserve component of the Armed Forces. The stay is mandatory once the mortgagor establishes the deployment and files the application -- the court doesn't weigh discretionary factors the way it does under the related relief in Section 15-1501.6.
Frequently Asked Questions
How long is the stay under Section 15-1501.5?
90 days, once the mortgagor applies and the court determines the mortgagor was deployed to a combat or combat-support posting on active duty overseas within the previous 12 months.
Does the mortgagor have to request the stay, or is it automatic?
The mortgagor must apply to the court for it; the statute conditions the stay on an application by the mortgagor defendant.
What counts as active military duty under this Section?
Service as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.
Does this stay replace protections under the federal Servicemembers Civil Relief Act?
No. Section 15-1501.5 states it applies in addition to any rights and obligations under that federal Act.
Is there a related Illinois statute covering longer periods of military service?
Yes. Section 15-1501.6 provides separate relief for service members whose ability to pay or defend is materially affected by military service.
Amendment History
(Source: P.A. 96-901, eff. 1-1-11; 97-333, eff. 8-12-11.)
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 military foreclosure staycombat deployment foreclosure protection illinoisservicemembers civil relief act illinois foreclosure90 day stay foreclosure military illinois