FORECLOSURE-DECEASED MORTGAGOR

Illinois General Assembly - Full Text of HB4837

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4837

Introduced , by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

735 ILCS 5/15-1501

from Ch. 110, par. 15-1501

Amends the Code of Civil Procedure. Provides that the court must
appoint a special representative for a deceased mortgagor for the purpose
of defending a judicial foreclosure action.
LRB104 19695 JRC 33144 b

A BILL FOR

HB4837
LRB104 19695 JRC 33144 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Civil Procedure is amended by
5
changing Section 15-1501 as follows:

6

(735 ILCS 5/15-1501)

(from Ch. 110, par. 15-1501)
7

Sec. 15-1501.
Parties.
8

(a) Necessary Parties. For the purposes of Section 2-405
9
of the Code of Civil Procedure, only (i) the mortgagor and (ii)
10
other persons (but not guarantors) who owe payment of
11
indebtedness or the performance of other obligations secured
12
by the mortgage and against whom personal liability is
13
asserted shall be necessary parties defendant in a
14
foreclosure. The court may proceed to adjudicate their
15
respective interests, but any disposition of the mortgaged
16
real estate shall be subject to (i) the interests of all other
17
persons not made a party or (ii) interests in the mortgaged
18
real estate not otherwise barred or terminated in the
19
foreclosure.
20

(b) Permissible Parties. Any party may join as a party any
21
other person, although such person is not a necessary party,
22
including, without limitation, the following:
23

(1) All persons having a possessory interest in the

HB4837
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LRB104 19695 JRC 33144 b
1

mortgaged real estate;
2

(2) A mortgagor's spouse who has waived the right of
3

homestead;
4

(3) A trustee holding an interest in the mortgaged
5

real estate or a beneficiary of such trust;
6

(4) The owner or holder of a note secured by a trust
7

deed;
8

(5) Guarantors, provided that in a foreclosure any
9

such guarantor also may be joined as a party in a separate
10

count in an action on such guarantor's guaranty;
11

(6) The State of Illinois or any political subdivision
12

thereof, where a foreclosure involves real estate upon
13

which the State or such subdivision has an interest or
14

claim for lien, in which case "An Act in relation to
15

immunity for the State of Illinois", approved December 10,
16

1971, as amended, shall not be effective;
17

(7) The United States of America or any agency or
18

department thereof where a foreclosure involves real
19

estate upon which the United States of America or such
20

agency or department has an interest or a claim for lien;
21

(8) Any assignee of leases or rents relating to the
22

mortgaged real estate;
23

(9) Any person who may have a lien under the
24

Mechanic's Lien Act; and
25

(10) Any other mortgagee or claimant.
26

(c) Unknown Owners. Any unknown owner may be made a party

HB4837
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LRB104 19695 JRC 33144 b
1
in accordance with Section 2-413 of the Code of Civil
2
Procedure.
3

(d) Right to Become Party. Any person who has or claims an
4
interest in real estate which is the subject of a foreclosure
5
or an interest in any debt secured by the mortgage shall have
6
an unconditional right to appear and become a party in such
7
foreclosure in accordance with subsection (e) of Section
8
15-1501, provided, that neither such appearance by a lessee
9
whose interest in the real estate is subordinate to the
10
interest being foreclosed, nor the act of making such lessee a
11
party, shall result in the termination of the lessee's lease
12
unless the termination of the lease or lessee's interest in
13
the mortgaged real estate is specifically ordered by the court
14
in the judgment of foreclosure.
15

(e) Time of Intervention.
16

(1) Of Right. A person not a party, other than a
17

nonrecord claimant given notice in accordance with
18

paragraph (2) of subsection (c) of Section 15-1502, who
19

has or claims an interest in the mortgaged real estate may
20

appear and become a party at any time prior to the entry of
21

judgment of foreclosure. A nonrecord claimant given such
22

notice may appear and become a party at any time prior to
23

the earlier of (i) the entry of a judgment of foreclosure
24

or (ii) 30 days after such notice is given.
25

(2) In Court's Discretion. After the right to
26

intervene expires and prior to the sale in accordance with

HB4837
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LRB104 19695 JRC 33144 b
1

the judgment, the court may permit a person who has or
2

claims an interest in the mortgaged real estate to appear
3

and become a party on such terms as the court may deem
4

just.
5

(3) Later Right. After the sale of the mortgaged real
6

estate in accordance with a judgment of foreclosure and
7

prior to the entry of an order confirming the sale, a
8

person who has or claims an interest in the mortgaged real
9

estate, may appear and become a party, on such terms as the
10

court may deem just, for the sole purpose of claiming an
11

interest in the proceeds of sale. Any such party shall be
12

deemed a party from the commencement of the foreclosure,
13

and the interest of such party in the real estate shall be
14

subject to all orders and judgments entered in the
15

foreclosure.
16

(4) Termination of Interest. Except as provided in
17

Section 15-1501(d), the interest of any person who is
18

allowed to appear and become a party shall be terminated,
19

and the interest of such party in the real estate shall
20

attach to the proceeds of sale.
21

(f) Separate Actions. Any mortgagee or claimant, other
22
than the mortgagee who commences a foreclosure, whose interest
23
in the mortgaged real estate is recorded prior to the filing of
24
a notice of foreclosure in accordance with this Article but
25
who is not made a party to such foreclosure, shall not be
26
barred from filing a separate foreclosure (i) as an

HB4837
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LRB104 19695 JRC 33144 b
1
intervening defendant or counterclaimant in accordance with
2
subsections (d) and (e) of Section 15-1501 if a judgment of
3
foreclosure has not been entered in the original foreclosure
4
or (ii) in a new foreclosure subsequent to the entry of a
5
judgment of foreclosure in the original foreclosure.
6

(g) Service on the State of Illinois. When making the
7
State of Illinois a party to a foreclosure, summons may be
8
served by sending, by registered or certified mail, a copy of
9
the summons and the complaint to the Attorney General. The
10
complaint shall set forth with particularity the nature of the
11
interest or lien of the State of Illinois. If such interest or
12
lien appears in a recorded instrument, the complaint must
13
state the document number of the instrument and the office
14
wherein it was recorded.
15

(h) Special Representatives. With respect to the property
16
that is the subject of the action, the court
shall

is not
17
required to
appoint a special representative for a deceased
18
mortgagor for the purpose of defending the action
.

, if there
19
is a:
20

(1) living person, persons, or entity that holds a
21

100% interest in the property, by virtue of being the
22

deceased mortgagor's surviving joint tenant or surviving
23

tenant by the entirety;
24

(2) beneficiary under a transfer on death instrument
25

executed by the deceased mortgagor prior to death;
26

(3) person, persons, or entity that was conveyed title

HB4837
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LRB104 19695 JRC 33144 b
1

to the property by the deceased mortgagor prior to death;
2

(4) person, persons, or entity that was conveyed title
3

to the property from the deceased mortgagor's probate
4

estate by the administrator or executor; or
5

(5) trust that was conveyed title to the property by:
6

(A) the deceased mortgagor prior to death; or
7

(B) any other person, persons, or entity that is
8

identified in this subsection (h) as being exempt from
9

the requirement to appoint a special representative.

10

In no event may a deficiency judgment be sought or entered
11
in the foreclosure case pursuant to subsection (e) of Section
12
15-1508 against a deceased mortgagor.
13
(Source: P.A. 98-514, eff. 11-19-13; 99-24, eff. 1-1-16
.)

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