(a) Request. A request that the mortgagee be placed in possession or that a receiver be appointed may be made by motion, whether or not such request is included in the complaint or other pleading. Any such request shall be supported by affidavit or other sworn pleading.
15-1706.Possession.
Article XV. Mortgage Foreclosure · Part 17. Possession During Foreclosure · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExplains the procedural mechanics for asking a court to place a mortgagee in possession or appoint a receiver — a sworn motion, a prompt hearing (skipped if nobody objects), and notice rules that track ordinary motion practice unless the mortgagor hasn't yet been served with the case.
Full Text of 735 ILCS 5/15-1706
(b) Meaning of Request. A request in a motion or in the complaint or other pleading that the mortgagee be placed in possession or that a receiver be appointed shall be construed to mean a mortgagee placed in possession or a receiver appointed in accordance with, and with powers and duties specified by, Part 17 of this Article.
(c) Hearing. After reasonable notice has been given to all other parties, the court shall promptly hold a hearing and promptly rule on a request that a mortgagee be placed in possession or that a receiver be appointed, except that, if no objection to the request is made prior to the time specified for the hearing, the court shall rule without a hearing.
(d) Reasonable Notice. For the purposes of subsection (c) of Section 15-1706, notice shall be reasonable if given as much in advance of the hearing as notice of motions generally is required to be given under applicable court rules, and if served in the same manner as motions generally are served; except, if the mortgagor has not been served with the complaint, the mortgagor must be served in the same manner as required for service of process. Notwithstanding anything in the foregoing sentence to the contrary, except with respect to the mortgagor of residential real estate which has not been abandoned, the court may rule without service on a party, if the party is in default or if the party making the request shows good cause by affidavit or other sworn evidence. If the mortgagor is not served prior to the hearing, he shall be given notice of the hearing to the same extent as applicable court rules may provide for post-hearing notice of emergency and ex parte motions.
Plain-English Summary
A party asks for a mortgagee to be placed in possession or a receiver to be appointed by motion, whether or not the request also shows up in the complaint — and the request has to be backed by an affidavit or other sworn pleading, not bare argument. Wherever such a request appears, the court reads it as asking for possession or a receivership on the specific terms and powers Part 17 lays out, not something broader or different.
After reasonable notice to the other parties, the court must promptly hold a hearing and promptly rule — unless nobody objects to the request by the time set for the hearing, in which case the court can rule without holding one at all.
What counts as reasonable notice generally mirrors regular motion practice under the applicable court rules, both in timing and method of service. If the mortgagor hasn't yet been served with the complaint, though, the request has to be served on the mortgagor the same way as service of process. The court can still rule without serving a party who's in default, or on a good-cause showing by the requesting party — except this shortcut doesn't apply to the mortgagor of residential real estate that hasn't been abandoned. If the mortgagor isn't served before the hearing, the mortgagor still gets the kind of post-hearing notice the court rules provide for emergency and ex parte motions.
Frequently Asked Questions
How does a mortgagee ask the court to be placed in possession of foreclosed property?
By motion, whether or not the request is also in the complaint, supported by an affidavit or other sworn pleading.
Does the court always hold a hearing before ruling on a possession request?
No — if nobody objects by the time set for the hearing, the court can rule without holding one.
What counts as reasonable notice of a possession or receivership request?
Generally the same timing and service method as motions get under the applicable court rules, though the mortgagor must be served like a summons if not yet served with the complaint.
Can the court rule on a possession request without notice to the mortgagor?
Only if the mortgagor is in default or the requesting party shows good cause — and not at all against the mortgagor of residential real estate that hasn't been abandoned.
What happens if the mortgagor isn't served before the hearing on a possession request?
The mortgagor still gets notice afterward, to the same extent applicable court rules provide for emergency and ex parte motions.
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: motion to appoint receiver illinois foreclosurenotice requirements possession motion foreclosure illinoishow to request mortgagee in possession illinoisreasonable notice foreclosure possession motion illinois