§ 15-1507.2 — Online judicial sale

Illinois § 15-1507.2

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 735: CIVIL PROCEDURE
• Act 735 ILCS 5/: Code of Civil Procedure.
• Art.: Part 15 - Judicial Foreclosure Procedure

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(a) The sheriff or other person may conduct the sale online in accordance with this Article. (b) The sheriff or other person may engage a third-party online sale provider to assist with performance of the online sale. Any third-party online sale provider engaged by a sheriff must be acquired through a process that confirms that the provider meets the requirements set forth in this Article. (c) In this Section, "third-party online sale provider" means any sale platform or services provider that is not the person conducting the sale or a party to the case involving the judicial sale and that is engaged by the person conducting the sale to assist with conducting the sale online in accordance with State law. (d) The sheriff or other person may charge an additional fee as a reasonable expense of the sale for costs associated with conducting the sale online. (e) For any foreclosure involving residential real estate, the fee set forth in subsection (d) may not exceed $400, unless a higher fee is otherwise approved by the court. Any fees not charged as a cost in the case may be agreed to and paid directly by the judge, sheriff, other person conducting the sale or a party to the case without limitation. The fees charged under this Section shall not reduce or impact the sheriff's fees set forth in Section 4-5001 and 4-12001 of the Counties Code. (f) To conduct a sale online, the sheriff or other person conducting the sale must demonstrate to the court's satisfaction documented processes and procedures for conducting online auctions, adequate recordkeeping, and the ability to comply with the requirements in this Article. (g) If the sale takes place both online and in person, all bids accepted during the auction shall be simultaneously announced at the in-person sale and visible to the public online at the time the bids are placed. Any maximum bid amounts provided by bidders ahead of the sale shall not be visible to the public until the bid is placed. (h) There shall be no fee charged to the public to view properties for sale online or to participate in any auction in person or online. (i) Any third-party online sale provider may not maintain custody of sale funds on behalf of the judge, sheriff, or other person conducting the sale unless specifically approved by the court to maintain custody of funds on their behalf. (j) The sheriff or other person conducting the sale shall require a person seeking to bid electronically online to complete a registration process that includes providing information relevant to properly identify the bidder, contact the bidder, and complete the sale of the property as determined by the sheriff or other person conducting the sale. (k) If the person registering to bid is an individual, the information required shall include the individual's name, electronic mail address, and telephone number. (l) If the person registering to bid is an entity, the information required in this Section shall include the entity's legal name, name of an individual contact person for the entity, electronic mail address, and telephone number. (m) The sheriff or other person conducting the sale online shall require all bidders who wish to participate in bidding online to have their identity verified through an identification verification process before a bid can be placed online, which may include verification through a government issued identification, biometric verification, or other method of verification as determined by the judge, sheriff, or other person conducting the sale. If a bidder's identity cannot be verified through the verification process, then the bidder may be prohibited from participating in the online sale. (n) The purchaser at the sale shall submit to the person conducting the sale the following information prior to the sale being finalized: (1) All winning purchasers shall provide any required information to be checked against the federal Office for Foreign Assets Control sanction list by the person conducting the sale before finalizing the purchase of the property. The person conducting the sale shall check the winning purchaser against the sanction list before an order approving the sale may be entered. (2) If the purchaser is an individual, the information shall include the individual's name, physical mailing address, electronic mail address, and any other information requested by the person conducting the sale to adequately identify and contact the purchaser. (3) If the purchaser is an entity, the information shall include the entity's legal name, trade name if different from its legal name, state and date of formation, mailing address, proof of business registration with the State of Illinois, and the name of an individual contact person for the entity, electronic mail address, and the person's telephone number. (4) The purchaser must provide the sale deposit, if applicable, and the balance due to the sheriff or other person conducting the sale at least 24 hours after the end of the sale, unless otherwise set forth by the sheriff or other person conducting the sale, in the form designated by the sheriff or other person conducting the sale. (5) If the purchaser fails to provide the required information within the time period designated by the judge, sheriff, or other person conducting the sale, the purchaser is in default and the judge, sheriff, or other person conducting the sale may void the sale and proceed with a resale. (o) Any person conducting a sale online must maintain evidence of satisfactory internal informational security controls that meet industry standards and are maintained by the platform used to conduct online sales. Such evidence of satisfactory internal controls regarding data security may be in the form of an annual SOC 2 Report certification, with the ability to test and report on the design effectiveness (Type 1) and operating effectiveness (Type 2) of the platform's controls, or another form ensuring performance and security requirements are met. (p) The person conducting the sale and the third-party online sale provider may engage in activities to promote and market the sale to encourage and facilitate bidding, including listing the property on real estate websites and conducting email campaigns. The person conducting the sale or the third-party online sale provider is solely responsible for paying all fees or expenses incurred in connection with such activities. (q) In every sale conducted online of residential real estate, (1) the sale may be held open for bidding for up to 3 days and extended by the person conducting the sale as needed to allow for all active competitive bidding to occur, counted in accordance with Section 1.11 of the Statute on Statutes; and (2) bidding shall be open to everyone for the entire duration of the bidding period.

Legislative History

(Source: P.A. 103-930, eff. 1-1-25 .)