The Illinois Mortgage Foreclosure Law requires lenders to attach a “Homeowner Notice” to the foreclosure summons when foreclosing on a defaulted residential real estate loan. The statute provides all of the required language that must be included in the notice, which must be provided by the plaintiff in the foreclosure action. If your bank is the named plaintiff (as opposed to a named party of interest), it is your responsibility to provide this notice, regardless of your bank’s lien position.

Additionally, there is no requirement to record this notice; it must be attached to the foreclosure summons but is not recorded. Of course, there are other foreclosure notices that must be recorded in Illinois, such as the lis pendens or notice of foreclosure.

For resources related to our guidance, please see:

• Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1504.5 (“Homeowner notice to be attached to summons. For all residential foreclosure actions filed, the plaintiff must attach a Homeowner Notice to the summons. . . .The Notice must be in substantially the following form: . . .”)

• Illinois Code of Civil Procedure, 735 ILCS 5/2-1901 (“Lis Pendens – Operative date of notice. Except as otherwise provided in Section 15-1503, every . . . action seeking equitable relief, affecting or involving real property shall, from the time of the filing in the office of the recorder in the county where the real estate is located, of a notice signed by any party . . . .”)

• Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1503 (“A notice of foreclosure, whether the foreclosure is initiated by complaint or counterclaim, made in accordance with this Section and recorded in the county in which the mortgaged real estate is located shall be constructive notice to every person claiming an interest in or lien on the mortgaged real estate . . .. A notice which complies with this Section shall be deemed to comply with Section 2-1901 of the Code of Civil Procedure . . . .”)