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Illinois Compiled Statutes

735 ILCS 5/15-1509 (2026)

Transfer of Title and Title Acquired

✓ current as of May 2026
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(735 ILCS 5/15-1509) (from Ch. 110, par. 15-1509)
    Sec. 15-1509. Transfer of Title and Title Acquired.
    (a) Deed. After (i) confirmation of the sale, and (ii) payment of the purchase price and any other amounts required to be paid by the purchaser at sale, the court (or, if the court shall so order, the person who conducted the sale or such person's successor or some persons specifically appointed by the court for that purpose), shall upon the request of the holder of the certificate of sale (or the purchaser if no certificate of sale was issued), promptly execute a deed to the holder or purchaser sufficient to convey title. Such deed shall identify the court and the caption of the case in which judgment was entered authorizing issuance of the deed. Signature and the recital in the deed of the title or authority of the person signing the deed as grantor, of authority pursuant to the judgment and of the giving of the notices required by this Article is sufficient proof of the facts recited and of such authority to execute the deed, but such deed shall not be construed to contain any covenant on the part of the person executing it. If the deed issues to a grantee prior to the expiration of the period for appealing the confirmation of sale, and the grantee conveys title to another party within that period, that other party will not be deemed a bona fide purchaser unless and until such period expires without an appeal having been filed or, an appeal having been filed, such appeal is denied or withdrawn.
    (b) Effect Upon Delivery of Deed. Delivery of the deed executed on the sale of the real estate, even if the purchaser or holder of the certificate of sale is a party to the foreclosure, shall be sufficient to pass the title thereto.
    (c) Claims Barred. Any vesting of title by a consent foreclosure pursuant to Section 15-1402 or by deed pursuant to subsection (b) of Section 15-1509, unless otherwise specified in the judgment of foreclosure, shall be an entire bar of (i) all claims of parties to the foreclosure and (ii) all claims of any nonrecord claimant who is given notice of the foreclosure in accordance with paragraph (2) of subsection (c) of Section 15-1502, notwithstanding the provisions of subsection (g) of Section 2-1301 to the contrary. Any person seeking relief from any judgment or order entered in the foreclosure in accordance with subsection (g) of Section 2-1301 of the Code of Civil Procedure may claim only an interest in the proceeds of sale.
(Source: P.A. 86-974.)

    
Notes of Decisions
Cited in 51 cases (13 in the last 5 years), 1997–2025 · 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 4× “” 735 ILCS 5/15-1509(a) (West 2008). The defendant argues “an appeal of a foreclosure action is anticipated by 15-1509(a) and a 2-1401 Petition provides the procedure to request the trial court to review its final judgment in the case.”
Deutsche Bank Nat'l Trust Co. v. Cortez, 2020 IL App (1st) 192234 (Ill. App. Ct. 2020). · cites it 5× “735 ILCS 5/15-1509(a) (West 2018). “Delivery of the deed executed on the sale of the real estate *** shall be sufficient to pass the title thereto.”
1010 Lake Shore Ass'n v. Deutsche Bank Nat'l Trust Co., 2015 IL 118372 (Ill. 2016). · cites it 3× “¶ 10 Justice Liu dissented, asserting that section 9(g)(3) of the Act and section 15-1509(c) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West 2008)), establish a complementary procedure for extinguishing liens held by a condominium…”
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017). · cites it 7× “On appeal, defendants contend that their section 2-1401 petition was not barred by section 15-1509(c) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West 2012)). We affirm.”
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017). · cites it 6× “On appeal, defendants contend that their section 2-1401 petition was not barred by section 15-1509(c) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West 2012)). We affirm.”
Deutsche Bank Nat'l Trust Co. v. Brewer, 2012 IL App (1st) 111213 (Ill. App. Ct. 2012). · cites it 2× “” 735 ILCS 5/15-1509(c) (West 2008). ¶ 14 Section 2-1301 of the Code permits a party properly served by publication sometime after the entry of a judgment to challenge the judgment, and it permits some parties to redeem property sold pursuant to the final judgment.”
Taylor v. Bayview Loan Servicing, 2019 IL App (1st) 172652 (Ill. App. Ct. 2019). · cites it 2× “” 735 ILCS 5/15-1509(c) (West 2016). This court has found that language to be “clear and unambiguous.”
EMC Mortg. Corp. v. Kemp, 2012 IL 113419 (Ill. 2013). “735 ILCS 5/15-1509(a) (West 2010).3 ¶ 41 The Illinois Mortgage Foreclosure Law does employ the term “judgment of foreclosure.”
Bayview Loan Servicing, LLC v. Starks, 2022 IL App (2d) 210056 (Ill. App. Ct. 2022). · cites it 2× “Bayview’s motion to dismiss alleges that Starks’s claims are barred by section 15-1509(c) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West 2020)), pursuant to Adler.”
Am. Advisors Grp. v. Cockrell, 2020 IL App (1st) 190623 (Ill. App. Ct. 2020). · cites it 4× “” 735 ILCS 5/15-1509 (West 2016). -8- No. 1-19-0623 ¶ 22 Petitioners did not challenge the confirmation of sale and do not dispute that the deed was delivered pursuant to section 15-1509(b).”
BCGS, L.L.C. v. Jaster, 700 N.E.2d 1075 (Ill. App. Ct. 1998). · cites it 4× “735 ILCS 5/15-1509(b), (c) (West 1996). However, the Mortgage Foreclosure Law fails to define "purchaser.”
Adler v. Bayview Loan Servicing, LLC, 2020 IL App (2d) 191019 (Ill. App. Ct. 2020). · cites it 2× “735 ILCS 5/15-1509 (West 2018). Subsection (c) bars claims after a deed is transferred following a judicial sale, providing as follows: “(c) Claims Barred.”
Show all 51 citing cases →
— 735 ILCS 5/15-1509(a) — 10 cases
EMC Mortg. Corp. v. Kemp, 2012 IL 113419 (Ill. 2013). “735 ILCS 5/15-1509(a) (West 2010).3 ¶ 41 The Illinois Mortgage Foreclosure Law does employ the term “judgment of foreclosure.”
U.S. Bank Nat'l Ass'n v. Prabhakaran, 2013 IL App (1st) 111224 (Ill. App. Ct. 2013). “” 735 ILCS 5/15-1509(a) (West 2008). The defendant argues “an appeal of a foreclosure action is anticipated by 15-1509(a) and a 2-1401 Petition provides the procedure to request the trial court to review its final judgment in the case.”
Deutsche Bank Nat'l Trust Co. v. Cortez, 2020 IL App (1st) 192234 (Ill. App. Ct. 2020). “735 ILCS 5/15-1509(a) (West 2018). “Delivery of the deed executed on the sale of the real estate *** shall be sufficient to pass the title thereto.”
Christian v. Citibank, F.S.B., 214 B.R. 352 (N.D. Ill. 1997).
Hodges v. CIT Grp. (In Re Hodges), 350 B.R. 796 (Bankr. N.D. Ill. 2006).
— 735 ILCS 5/15-1509(b) — 3 cases
U.S. Bank Nat'l Ass'n v. Prabhakaran, 2013 IL App (1st) 111224 (Ill. App. Ct. 2013). “” 735 ILCS 5/15-1509(a) (West 2008). The defendant argues “an appeal of a foreclosure action is anticipated by 15-1509(a) and a 2-1401 Petition provides the procedure to request the trial court to review its final judgment in the case.”
BCGS, L.L.C. v. Jaster, 700 N.E.2d 1075 (Ill. App. Ct. 1998). “735 ILCS 5/15-1509(b), (c) (West 1996). However, the Mortgage Foreclosure Law fails to define "purchaser.”
In Re Scheldt, 220 B.R. 362 (Bankr. C.D. Ill. 1998).
— 735 ILCS 5/15-1509(c) — 38 cases
Deutsche Bank Nat'l Trust Co. v. Cortez, 2020 IL App (1st) 192234 (Ill. App. Ct. 2020). “735 ILCS 5/15-1509(a) (West 2018). “Delivery of the deed executed on the sale of the real estate *** shall be sufficient to pass the title thereto.”
1010 Lake Shore Ass'n v. Deutsche Bank Nat'l Trust Co., 2015 IL 118372 (Ill. 2016). “¶ 10 Justice Liu dissented, asserting that section 9(g)(3) of the Act and section 15-1509(c) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West 2008)), establish a complementary procedure for extinguishing liens held by a condominium…”
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017). “On appeal, defendants contend that their section 2-1401 petition was not barred by section 15-1509(c) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West 2012)). We affirm.”
BMO Harris Bank Nat'l Ass'n v. LaRosa, 2017 IL App (1st) 161159 (Ill. App. Ct. 2017). “On appeal, defendants contend that their section 2-1401 petition was not barred by section 15-1509(c) of the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West 2012)). We affirm.”
Deutsche Bank Nat'l Trust Co. v. Brewer, 2012 IL App (1st) 111213 (Ill. App. Ct. 2012). “” 735 ILCS 5/15-1509(c) (West 2008). ¶ 14 Section 2-1301 of the Code permits a party properly served by publication sometime after the entry of a judgment to challenge the judgment, and it permits some parties to redeem property sold pursuant to the final judgment.”
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