15-1402.Consent Foreclosure.

Article XV. Mortgage Foreclosure · Part 14. Methods of Terminating · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 15-1402 lets a court, when the mortgagor consents and no other party successfully objects, enter judgment vesting the mortgagee with clear title in full satisfaction of the debt -- skipping a judicial sale -- in exchange for the mortgagee's waiver of any deficiency judgment.

Full Text of 735 ILCS 5/15-1402

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(a) No Objection. In a foreclosure, the court shall enter a judgment satisfying the mortgage indebtedness by vesting absolute title to the mortgaged real estate in the mortgagee free and clear of all claims, liens (except liens of the United States of America which cannot be foreclosed without judicial sale) and interest of the mortgagor, including all rights of reinstatement and redemption, and of all rights of all other persons made parties in the foreclosure whose interests are subordinate to that of the mortgagee and all nonrecord claimants given notice in accordance with paragraph (2) of subsection (c) of Section 15-1502 if at any time before sale:

(1) the mortgagee offers, in connection with such a judgment, to waive any and all rights to a personal judgment for deficiency against the mortgagor and against all other persons liable for the indebtedness or other obligations secured by the mortgage;

(2) such offer is made either in the foreclosure complaint or by motion upon notice to all parties not in default;

(3) all mortgagors who then have an interest in the mortgaged real estate, by answer to the complaint, response to the motion or stipulation filed with the court expressly consent to the entry of such judgment;

(4) no other party, by answer or by response to the motion or stipulation, within the time allowed for such answer or response, objects to the entry of such judgment; and

(5) upon notice to all parties who have not previously been found in default for failure to appear, answer or otherwise plead. (b) Objection. If any party other than a mortgagor who then has an interest in the mortgaged real estate objects to the entry of such judgment by consent, the court, after hearing, shall enter an order providing either:

(1) that for good cause shown, the judgment by consent shall not be allowed; or

(2) that, good cause not having been shown by the objecting party and the objecting party not having agreed to pay the amount required to redeem in accordance with subsection (d) of Section 15-1603, title to the mortgaged real estate be vested in the mortgagee as requested by the mortgagee and consented to by the mortgagor; or

(3) determining the amount required to redeem in accordance with subsection (d) of Section 15-1603, finding that the objecting party (or, if more than one party so objects, the objecting party who has the least priority) has agreed to pay such amount and additional interest under the mortgage accrued to the date of payment within 30 days after entry of the order, and declaring that upon payment of such amount within 30 days title to the mortgaged real estate shall be vested in such objecting party. Title so vested shall be free and clear of all claims, liens (except liens of the United States of America which cannot be foreclosed without judicial sale) and interest of the mortgagor and of all rights of other persons made parties in the foreclosure whose interests are subordinate to the interest of the mortgagee and all nonrecord claimants given notice in accordance with paragraph (2) of subsection (c) of Section 15-1502. If any objecting party subject to such an order has not paid the amount required to redeem in accordance with that order within the 30-day period, the court (i) shall order that such title to the mortgaged real estate shall vest in the objecting party next higher in priority (and successively with respect to each other objecting party in increasing order of such party's priority), if any, upon that party's agreeing to pay within 30 days after the entry of such further order, such amount as specified in the original order plus additional interest under the terms of the mortgage accrued to the date of payment, provided that such party pays such amount within the 30-day period, and (ii) may order that the non-paying objecting party pay costs, interest accrued between the start of the preceding 30-day period and the later of the date another objecting party makes the payment, if applicable, or the date such period expired, and the reasonable attorneys' fees incurred by all other parties on account of that party's objection. (c) Judgment. Any judgment entered pursuant to Section 15-1402 shall recite the mortgagee's waiver of rights to a personal judgment for deficiency and shall bar the mortgagee from obtaining such a deficiency judgment against the mortgagor or any other person liable for the indebtedness or other obligations secured by the mortgage.

End

Plain-English Summary

Consent foreclosure offers a faster route than a judicial sale. If, before any sale, the mortgagee offers to waive its right to a deficiency judgment, that offer is made in the complaint or by motion with notice to non-defaulted parties, every mortgagor with a current interest consents in writing, and no other party objects within the time to answer or respond, the court enters judgment vesting absolute title in the mortgagee -- free of the mortgagor's claims, liens, redemption and reinstatement rights, and the interests of subordinate parties and noticed nonrecord claimants (apart from unforeclosed federal liens).

An objection changes the analysis. If a party other than the consenting mortgagor objects, the court holds a hearing and either blocks the consent judgment for good cause, vests title in the mortgagee anyway if the objector hasn't shown good cause and hasn't offered to pay the redemption amount, or -- if the objector has offered to pay -- sets the redemption amount under Section 15-1603(d) and gives that objector (the one with the least priority, if several object) 30 days to pay it plus accrued interest. Title then vests in the paying objector, free and clear on the same terms as above. If that party misses the 30-day deadline, the court moves down the priority ladder to the next objector on the same terms, and may also assess costs, interest, and attorneys' fees against the party who failed to pay.

Whatever path the judgment follows, it recites the mortgagee's waiver of deficiency rights and permanently bars the mortgagee from later pursuing a deficiency judgment against the mortgagor or anyone else liable on the debt.

Frequently Asked Questions

What must happen for a court to enter a consent foreclosure judgment without objection?

The mortgagee must offer to waive any deficiency judgment, that offer must be made in the complaint or by motion with notice, every mortgagor with a current interest must consent, and no other party may object within the time allowed to answer or respond.

What happens if a party objects to a consent foreclosure judgment?

The court holds a hearing and either disallows the judgment for good cause, vests title in the mortgagee if no good cause is shown and the objector hasn't offered to pay the redemption amount, or sets a redemption amount under Section 15-1603(d) and gives the objector 30 days to pay it and take title.

What happens if the objecting party doesn't pay the redemption amount within 30 days?

The court may vest title in the next-highest-priority objecting party on the same terms, if that party agrees to pay within a further 30 days, and may assess costs, interest, and attorneys' fees against the party who failed to pay.

Does a mortgagee give up anything by pursuing a consent foreclosure judgment?

Yes. The judgment must recite the mortgagee's waiver of a deficiency judgment, and it bars the mortgagee from obtaining one against the mortgagor or any other liable person.

Does a consent foreclosure judgment wipe out federal liens on the property?

No. Section 15-1402 excepts liens of the United States, which cannot be foreclosed without a judicial sale.

Amendment History

(Source: P.A. 86-974.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: illinois consent foreclosuremortgagee waive deficiency judgment illinoisillinois foreclosure without judicial saleconsent foreclosure objection illinois