Except as expressly prohibited by this Article, foreclosure of a mortgage does not affect a mortgagee's rights, if any, to obtain a personal judgment against any person for a deficiency.
15-1511.Deficiency.
Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 15-1511 confirms that foreclosing on a mortgage doesn't, by itself, waive the mortgagee's right to pursue a personal deficiency judgment against a liable party, except where this Article expressly prohibits it.
Full Text of 735 ILCS 5/15-1511
Plain-English Summary
Foreclosure and deficiency liability are treated as separate tracks under Illinois law. Section 15-1511 states that foreclosure of a mortgage does not affect a mortgagee's right, if any, to obtain a personal judgment against any person for a deficiency -- the gap between what's owed and what the sale recovers.
That right isn't unlimited; the section opens with "except as expressly prohibited by this Article," pointing to the places elsewhere in Article XV where a deficiency judgment is barred outright, such as the mortgagee's waiver under a consent foreclosure judgment or the bar on deficiency judgments against a deceased mortgagor.
Frequently Asked Questions
Does foreclosing on a property waive a mortgagee's right to sue for a deficiency?
No. Section 15-1511 states that foreclosure does not affect the mortgagee's right, if any, to obtain a personal judgment for a deficiency.
Is the right to a deficiency judgment absolute under this Section?
No. It applies except as expressly prohibited elsewhere in this Article.
Where does Article XV expressly prohibit a deficiency judgment?
Where is the deficiency judgment entered in a foreclosure case?
Section 15-1508(e) governs entry of a personal deficiency judgment in the order confirming the sale.
Does Section 15-1511 create a new right to a deficiency judgment?
No. It preserves whatever right the mortgagee otherwise has; it doesn't create additional rights beyond what the debt and law already provide.
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: illinois mortgage deficiency judgmentdoes foreclosure waive deficiency claim illinoispersonal judgment for deficiency illinois foreclosure