Important Legislative Updates
HBM keeps abreast of pending legislation that might affect judicial foreclosures. Here is what you need to know about recent legislation.
Illinois House Bill 4351 was recently signed into law by Governor Pritzker, and amends Section 735 ILCS 5/2-202 of the Illinois Code of Civil Procedure to allow process to be served by a special process server in Cook County without first placing service with the Sheriff or obtaining a Special Process Server Order as previously required. The statute does require that the special process server remit $5.00 for each service to the Cook County Sheriff. These changes to the code become effective January 1, 2025.
Illinois Senate Bill 2919 was signed into law by the Governor on August 9, 2024, and becomes effective January 1, 2025. This bill amends the Illinois Mortgage Foreclosure Law to allow judicial foreclosure sales to be conducted in person, online, or utilizing both methods. The Notice of Sale will be required to specifically identify how the sale will be conducted and provide the website where bidding may take place if online bidding is allowed. The statute sets forth further requirements for online sales and sets parameters for additional fees that may be charged.