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15-1604.Special Right to Redeem.

Article XV. Mortgage Foreclosure · Part 16. Reinstatement and Redemption · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceGives an owner of redemption a second, 30-day chance to redeem after sale confirmation when the mortgagee itself bought the property at foreclosure for less than the redemption amount, by paying back the sale price plus the mortgagee's approved costs and statutory interest.

Full Text of 735 ILCS 5/15-1604

Text sizeJump to: (a) (b)

(a) Circumstances. With respect to residential real estate, if (i) the purchaser at the sale was a mortgagee who was a party to the foreclosure or its nominee and (ii) the sale price was less than the amount specified in subsection (d) of Section 15- 1603, then, and only in such circumstances, an owner of redemption as specified in subsection (a) of Section 15-1603 shall have a special right to redeem, for a period ending 30 days after the date the sale is confirmed, by paying to the mortgagee (i) the sale price, (ii) all additional costs and expenses incurred by the mortgagee set forth in the report of sale and confirmed by the court, and (iii) interest at the statutory judgment rate from the date the purchase price was paid or credited as an offset.
(b) Procedure. Upon receipt of such amount, the mortgagee shall assign to the redeeming owner of redemption its certificate of sale or its right to such certificate or to a deed. The mortgagee shall give to the redeeming owner of redemption an executed duplicate of such assignment, marked "Duplicate", which duplicate the owner of redemption shall file with the court. If a deed has been issued to the mortgagee or its nominee, the holder of such deed, or such holder's successor in title, shall execute and deliver a deed conveying the mortgaged real estate to the redeeming owner of redemption subject only to those encumbrances that would normally arise on title if a redemption were made under Section 15-1603, including a deficiency, if any, resulting from the foreclosure sale. Nothing contained herein shall affect the right to a personal or in rem deficiency judgment, and enforcement thereof shall be allowed as provided by law. Any deficiency judgment shall retain the same priority on title as did the mortgage from which it arose. The mortgagee, its nominee or its successors in title shall not permit encumbrances on title arising on or after the date of the deed to the mortgagee or nominee caused by or relating to the mortgagee or its nominee or its successors in title.

Plain-English Summary

This special right only arises in a narrow situation: the property is residential real estate, the buyer at the foreclosure sale was the mortgagee (or its nominee), and the sale price came in below the redemption amount set under Section 15-1603(d). When all three line up, the owner of redemption gets another chance to redeem, running for 30 days after the sale is confirmed.

To exercise it, the owner pays the mortgagee the sale price, the additional costs and expenses listed in the confirmed report of sale, and interest at the statutory judgment rate running from when the purchase price was paid or credited. That's a different, and often smaller, figure than the full redemption amount an owner would owe under the standard redemption process in Section 15-1603.

Once the mortgagee receives that payment, it must assign its certificate of sale — or, if a deed already issued, execute a new deed — over to the redeeming owner, subject to the same kinds of encumbrances (including any deficiency) that would attach on a standard redemption. The mortgagee's right to pursue a personal or in rem deficiency judgment isn't affected, and any resulting deficiency judgment keeps the same lien priority the original mortgage had.

Frequently Asked Questions

When does the special right to redeem under this section apply?

Only when the foreclosed property is residential real estate, the mortgagee (or its nominee) bought it at the sale, and the sale price was less than the redemption amount under Section 15-1603(d).

How long does the special right to redeem last?

30 days after the court confirms the foreclosure sale.

What must the owner pay to use the special right instead of the regular redemption amount?

The sale price, the additional confirmed costs and expenses from the report of sale, and interest at the statutory judgment rate from the date the purchase price was paid or credited.

What does the mortgagee have to do once the owner pays under this section?

Assign the certificate of sale, or if a deed already issued, execute a new deed conveying the property to the redeeming owner.

Does using this special right wipe out the mortgagee's deficiency judgment rights?

No. The section leaves intact any right to a personal or in rem deficiency judgment, and a resulting judgment keeps the same priority as the original mortgage.

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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