15-1501.6.Relief in mortgage foreclosure proceedings for military personnel in military service.

Article XV. Mortgage Foreclosure · Part 15. Judicial Foreclosure Procedure · Last amended 2013 · Last verified July 20, 2026

In one sentenceSection 15-1501.6 lets a service member (or a resident family member) whose ability to pay or defend a foreclosure is materially affected by military service move for a stay of up to 90 days after returning from service, or an adjustment reducing payments for up to 90 days and extending the loan term.

Full Text of 735 ILCS 5/15-1501.6

Text sizeJump to: (a) (b)

(a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority.

"Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.

(b) In an action for foreclosure, a mortgagor who is a service member that has entered military service for a period greater than 29 consecutive days or any member of the mortgagor's family who resides with the mortgagor at the mortgaged premises, if the mortgagor entered into the mortgage agreement before the mortgagor received orders for military service on or after the effective date of this amendatory Act of the 97th General Assembly, may file a motion for relief and the court shall, if the mortgagor's ability to pay the agreed mortgage payments or to defend the foreclosure proceedings is materially affected by the mortgagor's military service, do one or more of the following:

(1) stay the proceedings for a period of 90 days after the mortgagor returns from military service, unless, in the opinion of the court, justice and equity require a longer or shorter period of time; or

(2) adjust the obligation under the mortgage agreement by reducing the monthly payments for a period lasting up to 90 days after the mortgagor returns from military service and extending the term of the mortgage, provided that the adjustment preserves the interest of all parties to it. (c) In order to be eligible for the benefits granted to a service member under this Section, a service member or a member of the service member's family who resides with the service member at the mortgaged premises must provide the court and the mortgagee with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service.

(d) If a stay is granted under this Section, the court may grant the mortgagee such relief as equity may require.

(e) The forms of relief available under this Section shall continue to be available up to 90 days after the completion of the service member's military service.

(f) In addition to any sanction available to the court for violation of a stay or order, a violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.

End

Plain-English Summary

Section 15-1501.6 targets mortgagors called to military service after they took out the mortgage. "Service member" means an Illinois resident serving in any component of the U.S. Armed Forces or any state's National Guard, and "military service" covers full-time training or duty ordered by the President, a governor, or another appropriate military authority. A service member ordered to more than 29 consecutive days of service -- or a family member residing with the mortgagor at the property -- may move for relief if military service has materially affected the mortgagor's ability to pay the mortgage or defend the foreclosure, so long as the mortgage predates the service orders.

If the court finds that material effect, it can stay the proceedings for 90 days after the mortgagor returns from service (longer or shorter if justice and equity require), or instead adjust the mortgage by reducing monthly payments for up to 90 days after the mortgagor's return and extending the loan term, provided the adjustment preserves every party's interest. To use either option, the movant must give the court and the mortgagee copies of the orders calling the service member to duty beyond 29 days, plus any orders extending that service.

If the court grants a stay, it may also grant the mortgagee whatever relief equity requires. These forms of relief stay available for up to 90 days after the service member's military service ends. And a violation of this Section carries teeth: it's treated as a civil rights violation under the Illinois Human Rights Act, with civil penalty proceeds directed to the Illinois Military Family Relief Fund.

Frequently Asked Questions

Who can move for relief under Section 15-1501.6?

A mortgagor who is a service member ordered to more than 29 consecutive days of military service, or a family member residing with the mortgagor at the property, provided the mortgage was entered into before the service orders.

What relief can the court grant under this Section?

A stay of the proceedings for 90 days after the mortgagor's return from military service, or an adjustment reducing monthly payments for up to 90 days after return and extending the mortgage term, if the adjustment preserves the interest of all parties.

What must a service member provide the court to get this relief?

A copy of the orders calling the service member to military service in excess of 29 consecutive days, and any orders extending that service.

How long does relief under Section 15-1501.6 remain available?

Up to 90 days after the completion of the service member's military service.

What happens if someone violates a stay or order entered under this Section?

Beyond any sanction the court can impose, the violation constitutes a civil rights violation under the Illinois Human Rights Act, with civil penalty proceeds going to the Illinois Military Family Relief Fund.

Amendment History

(Source: P.A. 97-913, eff. 1-1-13.)

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 service member mortgage reliefmilitary family foreclosure stay illinoisadjust mortgage payments military service illinoisillinois human rights act foreclosure violation