15-1505.8.Expedited judgment and sale procedure for abandoned residential property.
Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Last amended 2013 · Last verified July 20, 2026
Full Text of 735 ILCS 5/15-1505.8
Plain-English Summary
For residential property the mortgagee can show is abandoned under Section 15-1200.5, Section 15-1505.8 lets the mortgagee move -- combined with or separate from the motion for judgment of foreclosure -- to expedite the judgment and sale, supported by an affidavit and notice mailed to the mortgagor's last known address plus the posted notice this Section requires. If filed at or before the deadline to answer the complaint, the motion must be heard no earlier than the answer deadline and no later than 21 days after it passes; if filed after that deadline, it must be heard within 21 days of filing. The hearing gets scheduling priority within those windows.
If the court finds the property abandoned, and nobody -- mortgagor, unknown owner, or lawful occupant -- has appeared to contest that finding, the court grants the motion and proceeds directly to trial of the foreclosure, with the resulting judgment including everything Section 15-1506 requires. The court must vacate that order any time before the sale is confirmed if the mortgagor or a lawful occupant appears and proves the property wasn't abandoned. Once granted, the reinstatement and redemption periods for the abandoned property end under Section 15-1603(b)(4), and the mortgagee may enter, secure, and maintain the property subject to Section 21-3(e-5) of the Criminal Code.
Personal property left behind is treated as abandoned once the sale is confirmed, and the certificate or deed holder (or purchaser) may dispose of or donate it without liability -- unless a lawful, unterminated occupant is in possession, in which case that occupant's personal property isn't deemed abandoned. Two notices must be conspicuously posted at the property in boldface, at least 12-point type: one at least 14 days before the hearing on the expedite motion, and one at least 14 days before the hearing to confirm the sale. Both warn occupants that removing the notice early, or trespassing on the property, is a Class B misdemeanor under 720 ILCS 5/21-3(a), punishable by up to 180 days in jail and a $1,500 fine, while making clear neither notice is itself a notice to vacate.
Frequently Asked Questions
How soon must a court hear a motion to expedite judgment on abandoned residential property?
If filed before the answer deadline expires, no earlier than that deadline and no later than 21 days after it expires; if filed after the deadline expires, no later than 21 days after the motion is filed.
What stops a court from granting the expedited judgment and sale?
The mortgagor, an unknown owner, or a lawful occupant appearing in the action, in any manner, before or at the hearing and objecting to the finding of abandonment.
Can an order finding the property abandoned be undone later?
Yes. The court must vacate it if the mortgagor or a lawful occupant appears any time before the sale is confirmed and shows the property wasn't abandoned.
How far ahead must the required notices be posted at the property?
At least 14 days before the hearing on the motion to expedite, and separately at least 14 days before the hearing to confirm the sale.
What happens to a lawful occupant's personal property left in an abandoned home after sale?
It is not deemed abandoned, and the rights of a lawful occupant whose interest hasn't been terminated in the foreclosure are unaffected.
Amendment History
(Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.)