ILL LEG Online Real Estate Auctions


On May 24, ILL LEG bill on online real estate foreclosure auctions.


  • ILL LEG passed SB 2919 regarding the judicial foreclosure procedure for online sales.
  • Amends the mortgage foreclosure article of the Code of Civil Procedure as found in ILL LEG 735-5-15-1507, and creates ILL LEG 735-5-15-1507.2, ILL LEG 735-5-1510.1.
  • Bill Provisions
  • Allows a judge, sheriff, or other person to conduct a judicial foreclosure sale online.
  • Person conducting the sale may charge an additional fee for expenses of sale online.
  • Allows the person conducting the sale to engage a third party online sale provider.
  • Person conducting sale online to obtain court approval and demonstrate marketing, adequate recordkeeping, expertise in online real estate auctions, and data security.
  • Purchaser must provide sale deposit and balance due at least 24 hours after sale ends.
  • If the sale takes place online and in person, all bids are to be simultaneously announced at the in-person sale and visible to public online at time bids are placed.
  • Prohibits a fee from being charged to view properties for sale online, participate in any auction in person or online, or to purchase property at an auction in person or online.
  • Persons bidding online to complete a registration form and identity verified beforehand
  • In every online sale of residential real estate the sale may be held open for bidding for up to 3 days and extended as needed with bidding open to everyone the entire time.
  • Legislative History
  • On Jan. 26, 2024, bill introduced in Senate; on Apr. 10, 2024, bill passed in Senate.
  • On Apr. 11, 2024, bill introduced in House; on May 21, 2024, bill passed in House.
  • On May 24, 2024, Senate concurred with amendments, bill passed both chambers.
  • Effectiveness
  • If enacted, bill comes into effect on Jan. 1, 2025.
  • Aug. 2024 ILL LEG Governor Approval
  • On Aug. 9, 2024, ILL LEG governor approved SB 2919, assigned Public Act 103-0930.

Regulators ILL LEG
Entity Types Bank; MG Orig; Servicer; Thrift
Reference Act 103-0930, 8/9/2024; Bill, SB2919, 5/24/2024; Citation: *ILL LEG* 735-5, 735-5-15-1507;
Functions Compliance; Financial; Legal; Operations; Registration/Licensing
Countries United States of America
Category
State
Products Banking; Loan; Mortgage
Regions Am
Rule Type Final
Rule Date 5/24/2024
Effective Date 1/1/2025
Rule Id 213592
Linked to N/A
Reg. Last Update 8/9/2024
Report Section US Consumer

Last substantive update on 08/12/2024