Please note that this answer discusses the Illinois grace period notice requirement, which expired on July 1, 2016, pursuant to a sunset provision. Please see 735 ILCS 5/15-1502.5.

The Code of Civil Procedure requires that “if a mortgage secured by residential real estate becomes delinquent by more than 30 days the mortgagee shall send via U.S. mail a notice advising the mortgagor that he or she may wish to seek approved housing counseling.” 735 ILCS 5/15-1502.5(c). This is also a prerequisite to filing a foreclosure action, and no foreclosure may be filed until 30 days after the notice was mailed (and that 30-day grace period may be extended if the homeowner seeks approved counseling services). 735 ILCS 5/15-1502.5(c), (d). However, the notice requirement applies in every instance of a 30-day delinquency and is not limited to instances in which the bank intends to file a foreclosure action. (Though we note that the notice need only be sent once. 735 ILCS 5/15-1502.5(c).) The requirement applies only while the borrower occupies the mortgaged property as a principal residence, and it will be repealed on July 1, 2016 (though we note that this date has already been extended more than once). 735 ILCS 5/15-1502.5(j), (k).