Banking and Business Monthly – December 2024

Steven A. Migala • December 16, 2024

Mortgage Foreclosure Law Amendments Enable Online Judicial Sales


Public Act 103-930 amends the Illinois Mortgage Foreclosure Law (IMFL) to authorize online judicial sales of foreclosed properties, establish standards for such sales and online bidders, and prohibit certain related fees. The Public Act changes Section 15-1507 of the Illinois Code of Civil Procedure and adds Sections 15-1507.2 and 15-1510.1, effective January 1, 2025. 735 ILCS 5/15-1507, 15-1507.2, 15-1510.1.

 

Online Judicial Sales

 

The mortgagee may request that a property subject to a judgment of foreclosure be sold either in person, online, or both and, if online, the website where online bidding may take place. 735 ILCS 5/15-1507(c)(1)(F). The sheriff or other person conducting the online judicial sale must comply with several requirements in Section 15-1507.2, including documented processes and procedures for conducting online auctions, adequate recordkeeping, the ability to comply with IMFL requirements, and satisfactory internal informational security controls. 735 ILCS 5/15-1507.2(f), (o). Persons conducting the sale, such as third-party online sales providers,  may engage in promotional activities, including listing the property on real estate websites and email campaigns, but they are solely responsible for any related fees and expenses. 735 ILCS 5/15-1507.2(p).


Bidders’ Requirements


Online bidders must complete a registration process that identifies them and provides their contact information and other relevant information in order to complete the sale, as determined by the person conducting the sale. 735 ILCS 5/15-1507.2(j). The person conducting the sale must verify the identity of all online bidders through a process which may include verification through a government-issued identification, biometric verification or other method selected by such person. 735 ILCS 5/15-1507.2(m).

 

Prohibited Fees


Certain fees charged to the public, such as fees for viewing the properties for sale, or to participate in any auction, are prohibited. 735 ILCS 5/15-1507.2(h). For the sale of residential real estate, no fee, including a buyer’s premium, may be charged to a third-party bidder beyond the winning bid amount. 735 ILCS 5/15-1510.1.


For further inquiries or questions, please contact me at smigala@lavellelaw.com or (847) 705-7555. Starting next year, I will be making this a quarterly publication. Happy Holidays!


More News & Resources

Lavelle Law News and Events

Should Taylor Swift and Travis Kelce lawyer up? What would their prenup look like?
By Joseph A. Olszowka and Kristina Buchthal Alkass September 12, 2025
Taylor Swift’s engagement to Travis Kelce has made a big splash in the news. In this podcast, Lavelle Law family law attorneys Joe Olszowka and Kristina Buchthal Alkass discuss the importance of prenuptial agreements - and not just for the wealthy.
Who qualifies for the
By Timothy M. Hughes September 10, 2025
The U.S. Treasury Department issued a preliminary list of nearly 70 jobs that qualify for “no tax on tips.” The occupations include a wide range of services spanning from Rickshaw drivers to digital content creators.
Does the Expiration of the Statute of Limitations for a Mortgage Extinguish the Mortgage Lien?
By Steven A. Migala September 4, 2025
On August 20, 2025, the First District of the Illinois Appellate Court decided Chicago Title Land Trust Co. v. Watkin, 2025 IL App (1st) 241354 (August 20, 2025). At issue in Watkin was whether the expiration of the statute of limitations barring enforcement of a mortgage also extinguishes the mortgage lien.
New Illinois Small Estate Affidavit Law: Key Updates for 2025
By Nataly Kaiser August 26, 2025
The Illinois General Assembly has updated the Probate Act of 1975 to improve the small estate affidavit process for settling estates without formal probate. Effective immediately, this amendment offers significant benefits for Illinois residents managing a loved one's estate.
Illinois family laws help determine who gets to keep the pet when couples divorce.
By Joseph A. Olszowka August 25, 2025
A common consideration in a divorce case is who will get to keep the family pet. Illinois has a specific law that addresses this issue. In this video, divorce attorney Joe Olszowka explains the various factors the court considers when there is a pet involved in an Illinois family law case.
Lavelle Saves Homeowner from Real Estate Tax Bill Disaster
By Litigation August 20, 2025
Lavelle Saves Homeowner from Real Estate Tax Bill Disaster - In the end, our client clawed back ownership of his family’s home and was made whole on the attorney fees he was forced to pay to rectify this unfortunate situation.
A summary of NADA’s statement defending state franchise laws.
By Sarah J. Reusché August 14, 2025
Recently, OEMs like Tesla and Rivian implemented a direct-to-consumer approach that many state motor vehicle dealer laws are intended to prohibit. On May 27, 2025, the National Automobile Dealers Association (NADA) submitted a Public Comment, defending state franchise laws.
Free Family Law Seminar in Schaumburg, IL
By Family Law August 11, 2025
Join Lavelle Law for an informative presentation tailored to individuals seeking expert guidance on critical family law matters. Our experienced family law attorneys will break down three key areas — prenuptial/postnuptial agreements, collaborative divorce, and child custody.
IRS outlined key points for tax year 2025 relating to the OBBBA provisions.
By Timothy M. Hughes August 10, 2025
On August 7, 2025, the IRS announced that, as part of its phased implementation of the July 4th One Big Beautiful Bill Act, there will be no changes to certain information returns or withholding tables for tax year 2025 related to the new law. The IRS outlined key relevant changes to tax filers effective for '25 - '28.
Saved or client $1 Million in Estate Tax
By Estate Administration July 30, 2025
Due to Lavelle’s extensive knowledge in estate and gift tax, we were able to generate a combined federal and Illinois estate tax savings of $1 million for the client.
More Posts