Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 15-1509 explains how title passes after confirmation -- the court or its designee executes a deed once the price is paid in full, delivery conveys title, and title vested by deed or consent foreclosure bars other parties' further claims except to sale proceeds -- while protecting a later purchaser's bona fide status only once the confirmation appeal period runs.
(a)Deed. After (i) confirmation of the sale, and (ii) payment of the purchase price and any other amounts required to be paid by the purchaser at sale, the court (or, if the court shall so order, the person who conducted the sale or such person's successor or some persons specifically appointed by the court for that purpose), shall upon the request of the holder of the certificate of sale (or the purchaser if no certificate of sale was issued), promptly execute a deed to the holder or purchaser sufficient to convey title. Such deed shall identify the court and the caption of the case in which judgment was entered authorizing issuance of the deed. Signature and the recital in the deed of the title or authority of the person signing the deed as grantor, of authority pursuant to the judgment and of the giving of the notices required by this Article is sufficient proof of the facts recited and of such authority to execute the deed, but such deed shall not be construed to contain any covenant on the part of the person executing it. If the deed issues to a grantee prior to the expiration of the period for appealing the confirmation of sale, and the grantee conveys title to another party within that period, that other party will not be deemed a bona fide purchaser unless and until such period expires without an appeal having been filed or, an appeal having been filed, such appeal is denied or withdrawn.
(b)Effect Upon Delivery of Deed. Delivery of the deed executed on the sale of the real estate, even if the purchaser or holder of the certificate of sale is a party to the foreclosure, shall be sufficient to pass the title thereto.
(c)Claims Barred. Any vesting of title by a consent foreclosure pursuant to Section 15-1402 or by deed pursuant to subsection (b) of Section 15-1509, unless otherwise specified in the judgment of foreclosure, shall be an entire bar of (i) all claims of parties to the foreclosure and (ii) all claims of any nonrecord claimant who is given notice of the foreclosure in accordance with paragraph (2) of subsection (c) of Section 15- 1502, notwithstanding the provisions of subsection (g) of Section 2-1301 to the contrary. Any person seeking relief from any judgment or order entered in the foreclosure in accordance with subsection (g) of Section 2-1301 of the Code of Civil Procedure may claim only an interest in the proceeds of sale.
Plain-English Summary
Once the sale is confirmed and the purchaser pays the full purchase price and any other required amounts, the court -- or, if the court so orders, the person who conducted the sale, a successor, or someone specifically appointed for the purpose -- must promptly execute a deed to the certificate holder or purchaser, identifying the court and case that authorized it. The signature and the deed's recital of authority, of the judgment's authorization, and of notices given under this Article, are themselves sufficient proof of those facts, though the deed carries no covenant from the person who signs it. Delivering that deed, even to a purchaser who was itself a party to the case, is enough to pass title.
Timing matters for anyone who buys from the initial grantee quickly. If the deed issues before the period to appeal the confirmation order expires, and the grantee then conveys to someone else within that same period, that new buyer isn't treated as a bona fide purchaser unless and until the appeal period runs out without an appeal, or any appeal that was filed is denied or withdrawn.
Vesting title by a consent foreclosure judgment under Section 15-1402, or by the deed described here, bars every claim of the parties to the foreclosure and every noticed nonrecord claimant under Section 15-1502(c)(2) -- unless the judgment itself specifies otherwise -- notwithstanding the general relief-from-judgment provision in Section 2-1301(g). Anyone seeking relief under that general provision can claim only an interest in the sale proceeds, not the real estate itself.
Frequently Asked Questions
What must happen before a deed is executed to the foreclosure sale purchaser?
Confirmation of the sale, and payment in full of the purchase price and any other amounts the purchaser is required to pay.
Who signs the deed conveying title after a confirmed foreclosure sale?
The court, or, if the court orders it, the person who conducted the sale, that person's successor, or someone the court specifically appoints for the purpose.
When is a later buyer from the foreclosure purchaser protected as a bona fide purchaser?
Only once the period for appealing the confirmation order expires without an appeal, or any appeal filed is denied or withdrawn, if the deed issued before that period ended.
Does title vested through a deed or consent foreclosure bar other claims to the property?
Yes, generally barring all claims of the parties and noticed nonrecord claimants, unless the judgment specifies otherwise; anyone seeking relief from the judgment can claim only an interest in the sale proceeds.
Does the deed carry any warranty from the person who signs it?
No. Section 15-1509(a) states the deed is not to be construed as containing any covenant on the part of the person executing it.
Amendment History
(Source: P.A. 86-974.)
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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