ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/15-1706 (2026)

Possession

✓ current as of May 2026
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(735 ILCS 5/15-1706) (from Ch. 110, par. 15-1706)
    Sec. 15-1706. Possession.
    (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.
    (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.
(Source: P.A. 84-1462.)


 
    (735 ILCS 5/Art. XVI heading)
ARTICLE XVI
NE EXEAT

    
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2016–2025 · leading case: CF SBC Pledgor 1 2012-1 Trust v. Clark/Sch., LLC, 2016 IL App (4th) 150568 (Ill. App. Ct. 2016).
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CF SBC Pledgor 1 2012-1 Trust v. Clark/Sch., LLC, 2016 IL App (4th) 150568 (Ill. App. Ct. 2016). · cites it 2× “Specifically, defendant maintained plaintiff failed to comply with section 15-1706(d) of the Foreclosure Law (735 ILCS 5/15-1706(d) (West 2012)), which it asserted required a showing of good cause by sworn evidence to support a request to appoint a receiver without service upon…”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “3; see 735 ILCS 5/15-1706(a) (West 2014) (request that a mortgagee be placed in possession or that a receiver be appointed must be made by motion); 735 ILCS 5/15-1703(a)(1) (West 2014) (a mortgagee in possession has the right to receive rents); 735 ILCS 5/1704(b)(2) (West 2014)…”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “3; see 735 ILCS 5/15-1706(a) (West 2014) (request that a mortgagee be placed in possession or that a receiver be appointed must be made by motion); 735 ILCS 5/15-1703(a)(1) (West 2014) (a mortgagee in possession has the right to receive rents); 735 ILCS 5/1704(b)(2) (West 2014)…”
CF SBC Pledgor 1 2012-1 Trust v. Clark/Sch., LLC, 2016 IL App (4th) 150568 (Ill. App. Ct. 2017). · cites it 2× “Specifically, defendant maintained plaintiff failed to comply with section 15-1706(d) of the Foreclosure Law (735 ILCS 5/15-1706(d) (West 2012)), which it asserted required a showing of good cause by sworn evidence to support a request to appoint a receiver without service upon…”
Fed. Nat'l Mortg. Ass'n v. DL Woodlawn I, LLC, 2025 IL App (1st) 242068-U (Ill. App. Ct. 2025). · cites it 10× “” 735 ILCS 5/15-1706(c) (West 2024). Notice of the hearing must be given “to all other parties.”
McHenry Sav. Bank v. Daniel, 2021 IL App (1st) 210070-U (Ill. App. Ct. 2021). · cites it 2× “Defendants argue that the complaint is unverified and therefore, does not prove default.”
— 735 ILCS 5/15-1706(a) — 3 cases
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “3; see 735 ILCS 5/15-1706(a) (West 2014) (request that a mortgagee be placed in possession or that a receiver be appointed must be made by motion); 735 ILCS 5/15-1703(a)(1) (West 2014) (a mortgagee in possession has the right to receive rents); 735 ILCS 5/1704(b)(2) (West 2014)…”
BMO Harris Bank N.A. v. Joe Contarino, Inc., 2017 IL App (2d) 160371 (Ill. App. Ct. 2017). “3; see 735 ILCS 5/15-1706(a) (West 2014) (request that a mortgagee be placed in possession or that a receiver be appointed must be made by motion); 735 ILCS 5/15-1703(a)(1) (West 2014) (a mortgagee in possession has the right to receive rents); 735 ILCS 5/1704(b)(2) (West 2014)…”
McHenry Sav. Bank v. Daniel, 2021 IL App (1st) 210070-U (Ill. App. Ct. 2021). “Defendants argue that the complaint is unverified and therefore, does not prove default.”
— 735 ILCS 5/15-1706(c) — 1 case
Fed. Nat'l Mortg. Ass'n v. DL Woodlawn I, LLC, 2025 IL App (1st) 242068-U (Ill. App. Ct. 2025). “” 735 ILCS 5/15-1706(c) (West 2024). Notice of the hearing must be given “to all other parties.”
— 735 ILCS 5/15-1706(d) — 4 cases
CF SBC Pledgor 1 2012-1 Trust v. Clark/Sch., LLC, 2016 IL App (4th) 150568 (Ill. App. Ct. 2016). “Specifically, defendant maintained plaintiff failed to comply with section 15-1706(d) of the Foreclosure Law (735 ILCS 5/15-1706(d) (West 2012)), which it asserted required a showing of good cause by sworn evidence to support a request to appoint a receiver without service upon…”
CF SBC Pledgor 1 2012-1 Trust v. Clark/Sch., LLC, 2016 IL App (4th) 150568 (Ill. App. Ct. 2017). “Specifically, defendant maintained plaintiff failed to comply with section 15-1706(d) of the Foreclosure Law (735 ILCS 5/15-1706(d) (West 2012)), which it asserted required a showing of good cause by sworn evidence to support a request to appoint a receiver without service upon…”
Fed. Nat'l Mortg. Ass'n v. DL Woodlawn I, LLC, 2025 IL App (1st) 242068-U (Ill. App. Ct. 2025). “” 735 ILCS 5/15-1706(c) (West 2024). Notice of the hearing must be given “to all other parties.”
McHenry Sav. Bank v. Daniel, 2021 IL App (1st) 210070-U (Ill. App. Ct. 2021). “Defendants argue that the complaint is unverified and therefore, does not prove default.”
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