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Illinois Compiled Statutes

735 ILCS 5/15-1107 (2026)

Mode of Procedure

✓ current as of May 2026
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(735 ILCS 5/15-1107) (from Ch. 110, par. 15-1107)
    Sec. 15-1107. Mode of Procedure.
    (a) Other Statutes. Except as otherwise provided in this Article, the mode of procedure, including the manner of service of pleadings and other papers and service by publication, shall be in accordance with the provisions of Article II of the Illinois Code of Civil Procedure and any other statutes of this State which are from time to time applicable, and with Illinois Supreme Court Rules applicable to actions generally or otherwise applicable. If a mortgage lien is being foreclosed under this Article and one or more non-mortgage liens or encumbrances is being foreclosed or enforced in the same proceedings, then, regardless of the respective priorities of the various liens or encumbrances, the procedures and all other provisions of this Article shall govern such proceedings, and any inconsistent statutory provisions shall not be applicable. Without limiting the foregoing, any provision of Article XII or any other Article of the Code of Civil Procedure shall apply unless inconsistent with this Article and, in case of such inconsistency, shall not be applicable to actions under this Article.
    (b) Mechanics' Liens. Mechanics' liens shall be enforced as provided in the Mechanics Lien Act; provided, however, that any mechanics' lien claimant may assert such lien in a foreclosure under this Article, may intervene in such foreclosure in accordance with this Article and may be made a party in such foreclosure.
    (c) Instruments Deemed a Mortgage. For the purpose of proceeding under this Article, any instrument described in paragraph (2) or (3) of subsection (a) of Section 15-1106, or in subsection (b) or (c) of Section 15-1106 which is foreclosed under this Article shall be deemed a mortgage. For such purpose, the real estate installment contract purchaser, the assignor of the beneficial interest in the land trust and the debtor, as appropriate, shall be deemed the mortgagor, and the real estate installment contract seller, the assignee of the beneficial interest in the land trust and the secured party, as appropriate, shall be deemed the mortgagee.
(Source: P.A. 96-328, eff. 8-11-09.)

    
Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 2007–2025 · leading case: U.S. Bank Nat'l Ass'n v. Prabhakaran, 2013 IL App (1st) 111224 (Ill. App. Ct. 2013).
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U.S. Bank Nat'l Ass'n v. Prabhakaran, 2013 IL App (1st) 111224 (Ill. App. Ct. 2013). · cites it 2× “” 735 ILCS 5/15-1107(a) (West 2008). U.S. Bank argued that the defendant not only failed to establish that acceptance of postjudgment payments was wrongful or unjust, but also failed to establish that such acceptance provided a basis to invalidate an otherwise proper foreclosure.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). · cites it 2× “Article XV, which governs the Foreclosure Law, provides that generally article II governs the mode of procedure, but if inconsistent with the provisions of the Foreclosure Law, then the Foreclosure Law controls.”
Bayview Loan Servicing, LLC v. 2010 Real Est. Foreclosure, LLC, 2013 IL App (1st) 120711 (Ill. App. Ct. 2013). “’ ” McCluskey, 2012 IL App (2d) 110961, ¶ 12 (quoting 735 ILCS 5/15-1107(a) (West 2008)). The McCluskey court reasoned that “[n]either in Barnes nor in this case were any nonmortgage liens or encumbrances at issue.”
Metrobank v. Cannatello, 2012 IL App (1st) 110529 (Ill. App. Ct. 2012). · cites it 2× “735 ILCS 5/15-1107(a) (West 2010). ¶ 28 The Foreclosure Law sets forth the general form of a foreclosure complaint.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “See 735 ILCS 5/15-1107(a) (West 2010). ¶ 31 Nevertheless, even under the standards for vacating a default under section 2-1301(e), we find the circuit court did not err in denying McCluskey’s motion.”
US Bank v. Avdic, 2014 IL App (1st) 121759 (Ill. App. Ct. 2014). “” ¶ 11 In US Bank’s December 2, 2011, reply, it asserted that pursuant to sections 15-1107(a) and 15-1506(a)(2) (735 ILCS 5/15-1107(a), 15-1506(a)(2) (West 2010)), the court should enter a judgment of foreclosure because its motion was supported by Armstrong’s affidavit stating…”
US Bank v. Avdic, 2014 IL App (1st) 121759 (Ill. App. Ct. 2014). “" ¶11 In US Bank's December 2, 2011, reply, it asserted that pursuant to sections 15-1107(a) and 15-1506(a)(2) (735 ILCS 5/15-1107(a), 15-1506(a)(2) (West 2010)), the court should enter a 5 1-12-1759 judgment of foreclosure because its motion was supported by Armstrong's…”
Wells Fargo Bank, N.A. v. McCluskey, 2012 IL App (2d) 110961 (Ill. App. Ct. 2012). · cites it 2× “3d 847 (2002)), and ‘any inconsistent -3- statutory provisions shall not be applicable’ (735 ILCS 5/15-1107(a) (West 2008)). Section 15-1508(b) of the Foreclosure Law provides that, after the foreclosure judgment and judicial sale, the circuit court shall confirm the sale unless…”
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017). “Section 15-1107(a) of the Foreclosure Law states that “any other Article of the Code of Civil Procedure” applies to foreclosure cases (735 ILCS 5/15-1107(a) (West 2012)). This includes section 1-103 of the Code, which states that “Article, Part and Section headings *** shall not…”
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017). “Section 15-1107(a) of the Foreclosure Law states that “any other Article of the Code of Civil Procedure” applies to foreclosure cases (735 ILCS 5/15-1107(a) (West 2012)). This includes section 1-103 of the Code, which states that “Article, Part and Section headings *** shall not…”
CitiMortgage, Inc. v. Sharlow, 2014 IL App (3d) 130107 (Ill. App. Ct. 2014). “See 735 ILCS 5/15-1107(a) (West 2012). Under article II of the Code, there is a statutory section that specifically addresses postjudgment interest.”
CitiMortgage, Inc. v. Sharlow, 2014 IL App (3d) 130107 (Ill. App. Ct. 2014). “See 735 ILCS 5/15-1107(a) (West 2012). Under article II of the Code, there is a statutory section that specifically addresses postjudgment interest.”
Show all 17 citing cases →
— 735 ILCS 5/15-1107(a) — 15 cases
U.S. Bank Nat'l Ass'n v. Prabhakaran, 2013 IL App (1st) 111224 (Ill. App. Ct. 2013). “” 735 ILCS 5/15-1107(a) (West 2008). U.S. Bank argued that the defendant not only failed to establish that acceptance of postjudgment payments was wrongful or unjust, but also failed to establish that such acceptance provided a basis to invalidate an otherwise proper foreclosure.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “Article XV, which governs the Foreclosure Law, provides that generally article II governs the mode of procedure, but if inconsistent with the provisions of the Foreclosure Law, then the Foreclosure Law controls.”
Bayview Loan Servicing, LLC v. 2010 Real Est. Foreclosure, LLC, 2013 IL App (1st) 120711 (Ill. App. Ct. 2013). “’ ” McCluskey, 2012 IL App (2d) 110961, ¶ 12 (quoting 735 ILCS 5/15-1107(a) (West 2008)). The McCluskey court reasoned that “[n]either in Barnes nor in this case were any nonmortgage liens or encumbrances at issue.”
Metrobank v. Cannatello, 2012 IL App (1st) 110529 (Ill. App. Ct. 2012). “735 ILCS 5/15-1107(a) (West 2010). ¶ 28 The Foreclosure Law sets forth the general form of a foreclosure complaint.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “See 735 ILCS 5/15-1107(a) (West 2010). ¶ 31 Nevertheless, even under the standards for vacating a default under section 2-1301(e), we find the circuit court did not err in denying McCluskey’s motion.”
— 735 ILCS 5/15-1107(b) — 1 case
M&J Asphalt Paving Co., Inc. v. First Midwest Bank, 2025 IL App (1st) 240589-U (Ill. App. Ct. 2025).
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