Illinois Compiled Statutes

735 ILCS 5/15-1508 (2026)

Report of sale and confirmation of sale

✓ current as of May 2026
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(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
    Sec. 15-1508. Report of sale and confirmation of sale.
    (a) Report. The person conducting the sale shall promptly make a report to the court, which report shall include a copy of all receipts and, if any, certificate of sale.
    (b) Hearing. Upon motion and notice in accordance with court rules applicable to motions generally, which motion shall not be made prior to sale, the court shall conduct a hearing to confirm the sale. Unless the court finds that (i) a notice required in accordance with subsection (c) of Section 15-1507 was not given, (ii) the terms of sale were unconscionable, (iii) the sale was conducted fraudulently, or (iv) justice was otherwise not done, the court shall then enter an order confirming the sale. The confirmation order shall include a name, address, and telephone number of the holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser, whom a municipality or county may contact with concerns about the real estate. The confirmation order may also:
        (1) approve the mortgagee's fees and costs (i)
    
arising between the entry of the judgment of foreclosure and the confirmation hearing, and (ii) incurred on or after the date of execution of an affidavit under subsection (a) of Section 15-1506 and prior to the judgment but not included in the judgment, those costs and fees to be allowable to the same extent as provided in the note and mortgage and in Section 15-1504;
        (2) provide for a personal judgment against any party
    
for a deficiency; and
        (3) determine the priority of the judgments of
    
parties who deferred proving the priority pursuant to subsection (h) of Section 15-1506, but the court shall not defer confirming the sale pending the determination of such priority.
    (b-3) Hearing to confirm sale of abandoned residential property. Upon motion and notice by first-class mail to the last known address of the mortgagor, which motion shall be made prior to the sale and heard by the court at the earliest practicable time after conclusion of the sale, and upon the posting at the property address of the notice required by paragraph (2) of subsection (l) of Section 15-1505.8, the court shall enter an order confirming the sale of the abandoned residential property, unless the court finds that a reason set forth in items (i) through (iv) of subsection (b) of this Section exists for not approving the sale, or an order is entered pursuant to subsection (h) of Section 15-1505.8. The confirmation order also may address the matters identified in items (1) through (3) of subsection (b) of this Section. The notice required under subsection (b-5) of this Section shall not be required.
    (b-5) Notice with respect to residential real estate. With respect to residential real estate, the notice required under subsection (b) of this Section shall be sent to the mortgagor even if the mortgagor has previously been held in default. In the event the mortgagor has filed an appearance, the notice shall be sent to the address indicated on the appearance. In all other cases, the notice shall be sent to the mortgagor at the common address of the foreclosed property. The notice shall be sent by first class mail. Unless the right to possession has been previously terminated by the court, the notice shall include the following language in 12-point boldface capitalized type:
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE ILLINOIS MORTGAGE FORECLOSURE LAW.
    (b-10) Notice of confirmation order sent to municipality or county. A copy of the confirmation order required under subsection (b) shall be sent to the municipality in which the foreclosed property is located, or to the county within the boundary of which the foreclosed property is located if the foreclosed property is located in an unincorporated territory. A municipality or county must clearly publish on its website a single address to which a copy of the order shall be sent. If a municipality or county does not maintain a website, then the municipality or county must publicly post in its main office a single address to which a copy of the order shall be sent. In the event that a municipality or county has not complied with the publication requirement in this subsection (b-10), then a copy of the order shall be sent by first class mail, postage prepaid, to the chairperson of the county board or county clerk in the case of a county, to the mayor or city clerk in the case of a city, to the president of the board of trustees or village clerk in the case of a village, or to the president or town clerk in the case of a town.
    (b-15) Notice of confirmation order sent to known insurers. With respect to residential real estate, the party filing the complaint shall send a copy of the confirmation order required under subsection (b) by first class mail, postage prepaid, to the last known property insurer of the foreclosed property. Failure to send or receive a copy of the order shall not impair or abrogate in any way the rights of the mortgagee or purchaser or affect the status of the foreclosure proceedings.
    (c) Failure to Give Notice. If any sale is held without compliance with subsection (c) of Section 15-1507 of this Article, any party entitled to the notice provided for in paragraph (3) of that subsection (c) who was not so notified may, by motion supported by affidavit made prior to confirmation of such sale, ask the court which entered the judgment to set aside the sale. Any such party shall guarantee or secure by bond a bid equal to the successful bid at the prior sale, unless the party seeking to set aside the sale is the mortgagor, the real estate sold at the sale is residential real estate, and the mortgagor occupies the residential real estate at the time the motion is filed. In that event, no guarantee or bond shall be required of the mortgagor. Any subsequent sale is subject to the same notice requirement as the original sale.
    (d) Validity of Sale. Except as provided in subsection (c) of Section 15-1508, no sale under this Article shall be held invalid or be set aside because of any defect in the notice thereof or in the publication of the same, or in the proceedings of the officer conducting the sale, except upon good cause shown in a hearing pursuant to subsection (b) of Section 15-1508. At any time after a sale has occurred, any party entitled to notice under paragraph (3) of subsection (c) of Section 15-1507 may recover from the mortgagee any damages caused by the mortgagee's failure to comply with such paragraph (3). Any party who recovers damages in a judicial proceeding brought under this subsection may also recover from the mortgagee the reasonable expenses of litigation, including reasonable attorney's fees.
    (d-5) Making Home Affordable Program. The court that entered the judgment shall set aside a sale held pursuant to Section 15-1507, upon motion of the mortgagor at any time prior to the confirmation of the sale, if the mortgagor proves by a preponderance of the evidence that (i) the mortgagor has applied for assistance under the Making Home Affordable Program established by the United States Department of the Treasury pursuant to the Emergency Economic Stabilization Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, and (ii) the mortgaged real estate was sold in material violation of the program's requirements for proceeding to a judicial sale. The provisions of this subsection (d-5) are operative and, except for this sentence, shall become inoperative on January 1, 2018 for all actions filed under this Article after December 31, 2017, in which the mortgagor did not apply for assistance under the Making Home Affordable Program on or before December 31, 2016. The changes to this subsection (d-5) by this amendatory Act of the 99th General Assembly apply to all cases pending and filed on or after the effective date of this amendatory Act of the 99th General Assembly.
    (e) Deficiency Judgment. In any order confirming a sale pursuant to the judgment of foreclosure, the court shall also enter a personal judgment for deficiency against any party (i) if otherwise authorized and (ii) to the extent requested in the complaint and proven upon presentation of the report of sale in accordance with Section 15-1508. Except as otherwise provided in this Article, a judgment may be entered for any balance of money that may be found due to the plaintiff, over and above the proceeds of the sale or sales, and enforcement may be had for the collection of such balance, the same as when the judgment is solely for the payment of money. Such judgment may be entered, or enforcement had, only in cases where personal service has been had upon the persons personally liable for the mortgage indebtedness, unless they have entered their appearance in the foreclosure action.
    (f) Satisfaction. Upon confirmation of the sale, the judgment stands satisfied to the extent of the sale price less expenses and costs. If the order confirming the sale includes a deficiency judgment, the judgment shall become a lien in the manner of any other judgment for the payment of money.
    (g) The order confirming the sale shall include, notwithstanding any previous orders awarding possession during the pendency of the foreclosure, an award to the purchaser of possession of the mortgaged real estate, as of the date 30 days after the entry of the order, against the parties to the foreclosure whose interests have been terminated.
    An eviction order authorizing the removal of a person from possession of the mortgaged real estate shall be entered and enforced only against those persons personally named as individuals in the complaint or the petition under subsection (h) of Section 15-1701. No eviction order issued under this Section shall be entered against a lessee with a bona fide lease of a dwelling unit in residential real estate in foreclosure, whether or not the lessee has been made a party in the foreclosure. An order shall not be entered and enforced against any person who is only generically described as an unknown owner or nonrecord claimant or by another generic designation in the complaint.
    Notwithstanding the preceding paragraph, the failure to personally name, include, or seek an eviction order against a person in the confirmation order shall not abrogate any right that the purchaser may have to possession of the mortgaged real estate and to maintain an eviction proceeding under Article IX of this Code or, if applicable, under subsection (h) of Section 15-1701; and eviction of a person who (1) has not been personally named as a party to the foreclosure and (2) has not been provided an opportunity to be heard in the foreclosure proceeding may be sought only by maintaining a proceeding under Article IX of this Code or, if applicable, under subsection (h) of Section 15-1701.
    (h) With respect to mortgaged real estate containing 5 or more dwelling units, the order confirming the sale shall also provide that (i) the mortgagor shall transfer to the purchaser the security deposits, if any, that the mortgagor received to secure payment of rent or to compensate for damage to the mortgaged real estate from any current occupant of a dwelling unit of the mortgaged real estate, as well as any statutory interest that has not been paid to the occupant, and (ii) the mortgagor shall provide an accounting of the security deposits that are transferred, including the name and address of each occupant for whom the mortgagor holds the deposit and the amount of the deposit and any statutory interest.
(Source: P.A. 102-86, eff. 7-9-21.)

    
Notes of Decisions
Cited in 197 cases (45 in the last 5 years), 1993–2026 · leading case: Bank of Am., N.A. v. Adeyiga, 2014 IL App (1st) 131252 (Ill. App. Ct. 2014).
Bank of Am., N.A. v. Adeyiga, 2014 IL App (1st) 131252 (Ill. App. Ct. 2014). · cites it 8× “If the trial court finds that no grace period notice was sent, then we find that: (1) the trial court abused its discretion in confirming the judicial sale and all subsequent orders; (2) and in that event, the judicial sale must be vacated in accordance with section 15-1508(b)…”
CitiMortgage, Inc. v. Johnson, 2013 IL App (2d) 120719 (Ill. App. Ct. 2013). · cites it 8× “Plaintiff proceeded to a sheriff’s sale of the property, and, after the sale but before its confirmation, defendants objected to the confirmation, arguing, in pertinent part, that the sale should be vacated because plaintiff violated section 15-1508(d-5) of the Code of Civil…”
HSBC Bank USA v. Kirkland Townsend, 793 F.3d 771 (7th Cir. 2015). · cites it 5× “Confirmation of Sale Process When properly understood, the need to carry out the court-ordered sale and to confirm the result under 735 ILCS 5/15-1508(b) also does not undermine finality.”
Bayview Loan Servicing, LLC v. 2010 Real Est. Foreclosure, LLC, 2013 IL App (1st) 120711 (Ill. App. Ct. 2013). · cites it 4× “” 735 ILCS 5/15-1508(b) (West 2010). ¶ 28 A panel of this court held that relief according to section 2-1301(e) of the Code was not available to a defendant seeking to vacate a confirmation of a sale.”
Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2013). · cites it 4× “, 2013 IL App (1st) 121147, ¶¶ 8-21 (applying standards in section 15-1508(b) (735 ILCS 5/15-1508(b) (West 2010)). The response is not supported by any affidavit.”
EMC Mortg. Corp. v. Kemp, 2012 IL 113419 (Ill. 2013). · cites it 2× “Following the sale, the person who conducted it makes a report to the court (735 ILCS 5/15-1508(a) (West 2010)), and, upon motion, the court holds a hearing to confirm the sale (735 ILCS 5/15-1508(b) (West 2010)).”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). · cites it 4× “The resolution of this conflict involves the relationship between section 2-1301(e) of the Code (735 ILCS 5/2-1301(e) (West 2010)) and section 15-1508(b) of the Foreclosure Law (735 ILCS 5/15-1508(b) (West 2010)). The issue is one of statutory construction, a question of law,…”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). · cites it 5× “The resolution of this conflict involves the relationship between section 2-1301(e) of the Code (735 ILCS 5/2-1301(e) (West 2010)) and section 15-1508(b) of the Foreclosure Law (735 ILCS 5/15-1508(b) (West 2010)). The issue is one of statutory construction, a question of law,…”
Sewickley v. Chicago Title Land Trust Co., 2012 IL App (1st) 112977 (Ill. App. Ct. 2012). · cites it 4× “Unless the court finds that (i) a notice required in accordance with subsection (c) of Section 15-1507 was not given, (ii) the terms of sale were unconscionable, (iii) the sale was conducted fraudulently or (iv) that justice was otherwise not done, the court shall then enter an…”
CitiMortgage, Inc. v. Lewis, 2014 IL App (1st) 131272 (Ill. App. Ct. 2015). · cites it 9× “In addition, defendant stated that at the time of the sale she had applied for assistance “under the federal Making Home Affordable Program, and defendant’s home was sold in material violation of the program’s requirements for proceeding to a judicial sale” in violation of…”
CitiMortgage, Inc. v. Bermudez, 2014 IL App (1st) 122824 (Ill. App. Ct. 2014). · cites it 7× “¶2 Defendants now appeal from the circuit court of Cook County's denial of their motion to set aside the judicial sale and the order confirming the judicial sale pursuant to section 15- 1508(d-5) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1508(d-…”
CitiMortgage, Inc. v. Bermudez, 2014 IL App (1st) 122824 (Ill. App. Ct. 2014). · cites it 7× “” 9 Defendants also filed a combined motion to set aside the sale and objection to the confirmation of the sale pursuant to section 15-1508(d-5) of the Foreclosure Law (735 ILCS 5/15-1508(d-5) (West 2010)). Their motion asserted that the Law Offices of Al Holfeld, Jr.”
— 735 ILCS 5/15-1508(a) — 6 cases
EMC Mortg. Corp. v. Kemp, 2012 IL 113419 (Ill. 2013). “Following the sale, the person who conducted it makes a report to the court (735 ILCS 5/15-1508(a) (West 2010)), and, upon motion, the court holds a hearing to confirm the sale (735 ILCS 5/15-1508(b) (West 2010)).”
Christian v. Citibank, F.S.B., 214 B.R. 352 (N.D. Ill. 1997).
McEwen v. Fed. Nat'l Mortg. Ass'n, 194 B.R. 594 (N.D. Ill. 1996).
Metrobank v. Cannatello, 2012 IL App (1st) 110529 (Ill. App. Ct. 2012).
U.S. Bank Nat'l Ass'n v. Stachewicz, 2025 IL App (4th) 241504-U (Ill. App. Ct. 2025).
— 735 ILCS 5/15-1508(b) — 119 cases
Bank of Am., N.A. v. Adeyiga, 2014 IL App (1st) 131252 (Ill. App. Ct. 2014). “If the trial court finds that no grace period notice was sent, then we find that: (1) the trial court abused its discretion in confirming the judicial sale and all subsequent orders; (2) and in that event, the judicial sale must be vacated in accordance with section 15-1508(b)…”
Parkway Bank & Trust Co. v. Korzen, 2013 IL App (1st) 130380 (Ill. App. Ct. 2013). “, 2013 IL App (1st) 121147, ¶¶ 8-21 (applying standards in section 15-1508(b) (735 ILCS 5/15-1508(b) (West 2010)). The response is not supported by any affidavit.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “The resolution of this conflict involves the relationship between section 2-1301(e) of the Code (735 ILCS 5/2-1301(e) (West 2010)) and section 15-1508(b) of the Foreclosure Law (735 ILCS 5/15-1508(b) (West 2010)). The issue is one of statutory construction, a question of law,…”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “The resolution of this conflict involves the relationship between section 2-1301(e) of the Code (735 ILCS 5/2-1301(e) (West 2010)) and section 15-1508(b) of the Foreclosure Law (735 ILCS 5/15-1508(b) (West 2010)). The issue is one of statutory construction, a question of law,…”
Bayview Loan Servicing, LLC v. 2010 Real Est. Foreclosure, LLC, 2013 IL App (1st) 120711 (Ill. App. Ct. 2013). “” 735 ILCS 5/15-1508(b) (West 2010). ¶ 28 A panel of this court held that relief according to section 2-1301(e) of the Code was not available to a defendant seeking to vacate a confirmation of a sale.”
— 735 ILCS 5/15-1508(b)(1) — 5 cases
Bank of Am., N.A. v. Higgin, 2014 IL App (2d) 131302 (Ill. App. Ct. 2014).
BMO Harris Bank v. Wolverine Props., LLC, 2015 IL App (2d) 140921 (Ill. App. Ct. 2015).
BMO Harris Bank v. Wolverine Props., LLC, 2015 IL App (2d) 140921 (Ill. App. Ct. 2015).
CitiMortgage, Inc. v. Sharlow, 2014 IL App (3d) 130107 (Ill. App. Ct. 2014).
Bank of Am., N.A. v. Higgin, 2014 IL App (2d) 131302 (Ill. App. Ct. 2014).
— 735 ILCS 5/15-1508(b)(2) — 8 cases
Metrobank v. Cannatello, 2012 IL App (1st) 110529 (Ill. App. Ct. 2012).
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017).
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017).
CitiMortgage, Inc. v. Sharlow, 2014 IL App (3d) 130107 (Ill. App. Ct. 2014).
CitiMortgage, Inc. v. Sharlow, 2014 IL App (3d) 130107 (Ill. App. Ct. 2014).
— 735 ILCS 5/15-1508(b)(i) — 6 cases
Bayview Loan Servicing, LLC v. 2010 Real Est. Foreclosure, LLC, 2013 IL App (1st) 120711 (Ill. App. Ct. 2013). “” 735 ILCS 5/15-1508(b) (West 2010). ¶ 28 A panel of this court held that relief according to section 2-1301(e) of the Code was not available to a defendant seeking to vacate a confirmation of a sale.”
CitiMortgage, Inc. v. Lewis, 2014 IL App (1st) 131272 (Ill. App. Ct. 2015).
CitiMortgage, Inc. v. Lewis, 2014 IL App (1st) 131272 (Ill. App. Ct. 2015). “In addition, defendant stated that at the time of the sale she had applied for assistance “under the federal Making Home Affordable Program, and defendant’s home was sold in material violation of the program’s requirements for proceeding to a judicial sale” in violation of…”
U.S. Bank Nat'l Ass'n v. Sharif, 2020 IL App (1st) 191013 (Ill. App. Ct. 2020).
U.S. Bank Nat'l Ass'n v. Sharif, 2020 IL App (1st) 191013 (Ill. App. Ct. 2021).
— 735 ILCS 5/15-1508(b)(ii) — 5 cases
In Re Christian, 199 B.R. 382 (Bankr. N.D. Ill. 1996).
CNB Bank & Trust, N.A. v. Rosentreter, 2015 IL App (4th) 140141 (Ill. App. Ct. 2015).
U.S. Bank, N.A. v. Burnett, 2023 IL App (1st) 220267-U (Ill. App. Ct. 2023).
U.S. Bank, N.A. v. Burnett, 2023 IL App (1st) 220267-U (Ill. App. Ct. 2023).
CNB Bank & Trust v. Rosentreter, 2015 IL App (4th) 140141-B (Ill. App. Ct. 2015).
— 735 ILCS 5/15-1508(b)(iv) — 46 cases
Deutsche Bank Nat'l Trust Co. v. Cortez, 2020 IL App (1st) 192234 (Ill. App. Ct. 2020).
Bayview Loan Servicing, LLC v. 2010 Real Est. Foreclosure, LLC, 2013 IL App (1st) 120711 (Ill. App. Ct. 2013). “” 735 ILCS 5/15-1508(b) (West 2010). ¶ 28 A panel of this court held that relief according to section 2-1301(e) of the Code was not available to a defendant seeking to vacate a confirmation of a sale.”
Wells Fargo Bank, N.A. v. McCluskey, 2013 IL 115469 (Ill. 2013). “The resolution of this conflict involves the relationship between section 2-1301(e) of the Code (735 ILCS 5/2-1301(e) (West 2010)) and section 15-1508(b) of the Foreclosure Law (735 ILCS 5/15-1508(b) (West 2010)). The issue is one of statutory construction, a question of law,…”
— 735 ILCS 5/15-1508(c) — 10 cases
CitiMortgage, Inc. v. Lewis, 2014 IL App (1st) 131272 (Ill. App. Ct. 2015). “In addition, defendant stated that at the time of the sale she had applied for assistance “under the federal Making Home Affordable Program, and defendant’s home was sold in material violation of the program’s requirements for proceeding to a judicial sale” in violation of…”
CitiMortgage, Inc. v. Lewis, 2014 IL App (1st) 131272 (Ill. App. Ct. 2015).
BCGS, L.L.C. v. Jaster, 700 N.E.2d 1075 (Ill. App. Ct. 1998).
Suntrust Mortg., Inc. v. Ulrich, 2021 IL App (2d) 200294 (Ill. App. Ct. 2021).
— 735 ILCS 5/15-1508(d) — 10 cases
Katahn Associated, Inc. v. Wien (In Re Wien), 155 B.R. 479 (Bankr. N.D. Ill. 1993).
Sewickley v. Chicago Title Land Trust Co., 2012 IL App (1st) 112977 (Ill. App. Ct. 2012). “Unless the court finds that (i) a notice required in accordance with subsection (c) of Section 15-1507 was not given, (ii) the terms of sale were unconscionable, (iii) the sale was conducted fraudulently or (iv) that justice was otherwise not done, the court shall then enter an…”
U.S. Bank Nat'l Ass'n v. Sharif, 2020 IL App (1st) 191013 (Ill. App. Ct. 2020).
U.S. Bank Nat'l Ass'n v. Sharif, 2020 IL App (1st) 191013 (Ill. App. Ct. 2021).
Deutsche Bank Nat'l Trust Co. v. Laz, 2021 IL App (2d) 200341-U (Ill. App. Ct. 2021).
— 735 ILCS 5/15-1508(e) — 27 cases
HSBC Bank USA v. Kirkland Townsend, 793 F.3d 771 (7th Cir. 2015). “Confirmation of Sale Process When properly understood, the need to carry out the court-ordered sale and to confirm the result under 735 ILCS 5/15-1508(b) also does not undermine finality.”
U.S. Bank Trust v. Atchley, 2015 IL App (3d) 150144 (Ill. App. Ct. 2016).
Metrobank v. Cannatello, 2012 IL App (1st) 110529 (Ill. App. Ct. 2012).
First Midwest Bank v. Cobo, 2017 IL App (1st) 170872 (Ill. App. Ct. 2017).
In Re Linane, 291 B.R. 457 (Bankr. N.D. Ill. 2003).
— 735 ILCS 5/15-1508(f) — 2 cases
BMO Harris Bank v. Wolverine Props., LLC, 2015 IL App (2d) 140921 (Ill. App. Ct. 2015).
— 735 ILCS 5/15-1508(g) — 4 cases
HSBC Bank USA v. Kirkland Townsend, 793 F.3d 771 (7th Cir. 2015). “Confirmation of Sale Process When properly understood, the need to carry out the court-ordered sale and to confirm the result under 735 ILCS 5/15-1508(b) also does not undermine finality.”
Sewickley v. Chicago Title Land Trust Co., 2012 IL App (1st) 112977 (Ill. App. Ct. 2012). “Unless the court finds that (i) a notice required in accordance with subsection (c) of Section 15-1507 was not given, (ii) the terms of sale were unconscionable, (iii) the sale was conducted fraudulently or (iv) that justice was otherwise not done, the court shall then enter an…”
WIlliam Werner v. Auto-Owners Ins. Co., 106 F.4th 676 (7th Cir. 2024).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.