Did the Illinois law requiring a Homeowner Notice in foreclosure actions expire?

No, the Illinois Mortgage Foreclosure Law still requires lenders to attach a “Homeowner Notice” to foreclosure summons when foreclosing on a defaulted residential real estate loan. Among other items, that notice informs borrowers of the right to reinstate the mortgage or redeem the foreclosed property. You may be thinking of the Illinois “grace period notice” for delinquent residential mortgage loans, which expired pursuant to a sunset provision on July 1, 2016.

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: . . . 3. REINSTATEMENT: As the homeowner you have the right to bring the mortgage current within 90 days after you receive the summons. 4. REDEMPTION: As the homeowner you have the right to sell your home, refinance, or pay off the loan during the redemption period. . . .”)

  • Code of Civil Procedure, 735 ILCS 5/15-1502.5 (Illinois grace period notice requirement, with a sunset date of July 1, 2016.)