In any foreclosure of a mortgage executed after July 21, 1959, which has become due prior to the maturity date fixed in the mortgage, or in any instrument or obligation secured by the mortgage, through acceleration because of a default under the mortgage, a mortgagor may reinstate the mortgage as provided herein. Reinstatement is effected by curing all defaults then existing, other than payment of such portion of the principal which would not have been due had no acceleration occurred, and by paying all costs and expenses required by the mortgage to be paid in the event of such defaults, provided that such cure and payment are made prior to the expiration of 90 days from the date the mortgagor or, if more than one, all the mortgagors (i) have been served with summons or by publication or (ii) have otherwise submitted to the jurisdiction of the court. When service is made by publication, the first date of publication shall be used for the calculation. Upon such reinstatement of the mortgage, the foreclosure and any other proceedings for the collection or enforcement of the obligation secured by the mortgage shall be dismissed and the mortgage documents shall remain in full force and effect as if no acceleration or default had occurred. The relief granted by this Section shall not be exhausted by a single use thereof, but if the court has made an express written finding that the mortgagor has exercised its right to reinstate pursuant to this Section, such relief shall not be again available to the mortgagor under the same mortgage for a period of five years from the date of the dismissal of such foreclosure. The provisions of Section 9-110 of the Code of Civil Procedure shall be inapplicable with respect to any instrument which is deemed a mortgage under this Article. The court may enter a judgment of foreclosure prior to the expiration of the reinstatement period, subject to the right of the mortgagor to reinstate the mortgage under this Section.
15-1602.Reinstatement.
Article XV. Mortgage Foreclosure · Part 16. Reinstatement and Redemption · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceGives a mortgagor whose loan was accelerated after default a 90-day window, measured from service of the foreclosure summons, to cure the default and stop the case — though a court finding that the mortgagor already used this right once bars a repeat use for five years.
Full Text of 735 ILCS 5/15-1602
Plain-English Summary
This section covers mortgages executed after July 21, 1959 that a lender has accelerated because of a default. It lets the mortgagor stop the foreclosure by reinstating the loan: curing every existing default (other than the accelerated principal that wasn't yet due) and paying the costs and expenses the mortgage calls for in a default.
The cure has a hard deadline. The mortgagor must complete it within 90 days of the date all mortgagors were served with summons, served by publication, or otherwise submitted to the court's jurisdiction. When service is by publication, the clock runs from the first publication date, not the last.
A successful reinstatement puts the mortgage back exactly where it stood before the default — the foreclosure and any related collection proceedings get dismissed, and the loan documents remain fully in force. The court may still enter a foreclosure judgment before the 90 days run, but that judgment stays subject to the mortgagor's right to reinstate.
Reinstatement isn't a one-time privilege in the sense of use-it-or-lose-it, but it isn't unlimited either: if the court makes an express written finding that the mortgagor exercised this right, the same mortgage can't be reinstated again for five years from the dismissal date. The section also turns off Section 9-110 for any instrument treated as a mortgage under this Article.
Frequently Asked Questions
How many days does a mortgagor have to reinstate a foreclosed loan?
90 days from the date all mortgagors were served with summons, served by publication, or otherwise submitted to the court's jurisdiction.
What does reinstating a mortgage require?
Curing every existing default other than the accelerated principal not yet due, and paying the costs and expenses the mortgage requires for such defaults.
When does the 90-day reinstatement clock start if service was by publication?
It runs from the date of the first publication, not any later one.
Can a mortgagor reinstate the same mortgage more than once?
Yes, but if the court expressly finds in writing that the mortgagor already used this right, the same mortgage can't be reinstated again for five years from the dismissal of that earlier foreclosure.
Does reinstating stop a foreclosure judgment from being entered?
Not necessarily — the court may enter judgment before the reinstatement period ends, but that judgment remains subject to the mortgagor's right to reinstate.
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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