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What happens after a foreclosure sale in Illinois

A foreclosure sale in Illinois is not the end of the case. The judge still has to confirm the sale at a hearing, and you can object. After confirmation you generally have 30 days before the buyer can take possession, the judge may enter a deficiency judgment, and any money left over is held for you to claim through the court.

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Reviewed against Illinois law and official sources on October 11, 2026. General information, not legal advice.

What happens after the sale in Illinois, in order

  1. Report of sale and confirmation hearing

    After the sale, on a motion with notice to you

    The person who ran the sale reports it to the court, and the judge holds a hearing. The judge must confirm unless required notice was not given, the terms were unconscionable, the sale was fraudulent, or justice was otherwise not done. Go to the hearing if you have any of those objections.

    735 ILCS 5/15-1508(a), (b)

  2. Special right to redeem

    30 days after the sale is confirmed

    This applies only if the buyer at the sale was the lender, or its nominee, and the sale price was less than the full redemption amount. You redeem by paying the sale price, the lender's confirmed costs, and interest at the judgment rate. Outside this narrow case there is no redemption after the sale.

    735 ILCS 5/15-1604

  3. How long you can stay

    30 days after the order confirming the sale

    The confirmation order gives the buyer possession as of 30 days after it is entered. Before then, after the redemption period ends, the lender can ask the court to make you pay a monthly amount to stay, unless you show good cause.

    735 ILCS 5/15-1508(g), 15-1701(c), (d)

  4. Eviction order

    After the 30 days; only against people named in the case

    An eviction order can be entered and enforced only against people personally named in the foreclosure complaint or in a later eviction petition. Someone listed only as an unknown owner or occupant cannot be removed on that order. The buyer must file a supplemental petition or a separate eviction case, with a hearing at least 21 days after notice.

    735 ILCS 5/15-1508(g), 15-1701(h)

  5. Tenants and other occupants

    Notice from the new owner within 21 days after confirmation

    The new owner must tell known occupants in writing who now controls the property, and that notice is not a notice to vacate. A renter with a bona fide lease cannot be put out by the foreclosure order itself and is entitled to stay for up to 120 days or the end of the lease, whichever is shorter, if rent is kept current.

    735 ILCS 5/15-1508.5, 15-1701(h)(5)

  6. Deficiency judgment

    In the order confirming the sale

    If the sale brought less than the judgment amount, the judge can enter a personal judgment against you for the shortfall, but only if the lender asked for it in the complaint and you were personally served or appeared in the case. It then becomes a lien like any other money judgment.

    735 ILCS 5/15-1508(e), (f)

  7. Surplus funds

    After confirmation; held until a court order

    If the sale brought more than was owed, you should receive a notice of the surplus. To collect, you file a Petition for Turnover of Surplus Funds in the foreclosure case, set a date with the judge, and mail copies to the other parties at least 5 business days before that date. If no one gets an order, the surplus is forfeited to the State.

    735 ILCS 5/15-1512; Ill. S. Ct. R. 113

The three questions that matter after a sale

Can I get the home back in Illinois?

Limited redemption

Illinois gives you a redemption period before the sale, not a general right to buy the home back afterward. For a home, the period ends on the later of 7 months after you were served or 3 months after the judgment of foreclosure. To redeem you pay the full amount in the judgment plus allowed costs and interest, and you must give the lender's attorney written notice at least 15 days, not counting weekends and court holidays, before the date you plan to redeem. The period can be cut to 30 days after judgment if the court finds the home is abandoned, and it can be shortened in some cases where the home is worth less than 90% of the debt and the lender gives up any deficiency. After the sale, there is one narrow right: if the lender itself bought the home for less than the redemption amount, you can redeem for 30 days after the sale is confirmed by paying the sale price plus costs and interest.

735 ILCS 5/15-1603, 15-1604

Can the lender come after me for the rest?

Deficiency judgments allowed

If the sale brings in less than you owe, the judge can enter a personal deficiency judgment against you in the order confirming the sale, if the lender asked for it in the complaint and proves it. This can happen only if you were personally served or you appeared in the case. Illinois law does not cap the deficiency at the home's fair market value. There is no deficiency in a consent foreclosure, where the lender must waive it, and a deed in lieu of foreclosure that the lender accepts releases you from the debt unless you agree otherwise in writing at the same time.

735 ILCS 5/15-1508(e), 15-1511, 15-1402, 15-1401

What if the home sold for more than I owed?

Sale money is applied in this order: sale expenses, the lender's allowed costs of holding and preparing the property, then the claims in the order the court set in the judgment or confirmation order. Anything left is a surplus. The person who ran the sale holds it and must send written notice of the amount to everyone in the case. The surplus is paid out only on a court order, so you must file a request with the court in your foreclosure case. If no one gets an order, the law says the surplus is forfeited to the State. You do not need to pay anyone to do this for you. If you are not sure whether there was a surplus, check the Report of Sale in your court file at the circuit clerk's office.

735 ILCS 5/15-1512

Common questions in Illinois

Can an Illinois judge refuse to approve a foreclosure sale?

Yes. Under 735 ILCS 5/15-1508(b) the judge must confirm the sale unless the notice of sale was not given, the terms of sale were unconscionable, the sale was conducted fraudulently, or justice was otherwise not done. You raise these at the confirmation hearing. A low price alone is not listed as a reason.

How long after an Illinois foreclosure sale do I have to move out?

You generally keep possession until 30 days after the judge enters the order confirming the sale. The time between the sale and the confirmation hearing is extra. The notice of the confirmation hearing must tell you about this 30-day right in bold capital letters.

How do I claim surplus money from an Illinois foreclosure sale?

You ask the judge in your foreclosure case for it. Illinois Supreme Court Rule 113 includes a Special Notice of Surplus Funds and a Petition for Turnover of Surplus Funds form: you complete the petition, file it with the circuit clerk, schedule a date with the judge, and mail copies to the other parties. You do not need to hire a company to do this.

Can I be evicted after an Illinois foreclosure if my name was not on the lawsuit?

Not on the foreclosure order alone. 735 ILCS 5/15-1508(g) says an eviction order can be enforced only against people personally named in the complaint or in a supplemental eviction petition. The buyer has to name you in a new petition or eviction case and give you notice and a hearing first.

Step by step

More on foreclosure in Illinois

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What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

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Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. 735 ILCS 5/15-1503: Notice of foreclosure
  2. 735 ILCS 5/15-1504: Pleadings and service
  3. 735 ILCS 5/15-1508.5: Notice by holder or purchaser to known occupants
  4. 735 ILCS 5/15-1509: Transfer of title and title acquired
  5. 735 ILCS 5/15-1200.5: Abandoned residential property (definition)
  6. Illinois Supreme Court Rule 113: Practice and Procedure in Mortgage Foreclosure Cases (forms)
  7. Illinois Courts: How to Ask the Court to Delay a Foreclosure Sale
  8. Illinois Courts: How to Ask the Court to Vacate a Default Judgment of Foreclosure
  9. Illinois Legal Aid Online: Delay a foreclosure sale (Easy Form)
  10. Illinois Legal Aid Online: Vacate default judgment of foreclosure (Easy Form)
  11. 11 U.S.C. § 362: Automatic stay
  12. 735 ILCS 5/15-1502.5 (grace period notice, repealed effective 7-1-16)
  13. 735 ILCS 5/15-1504.5: Homeowner notice to be attached to summons
  14. 735 ILCS 5/15-1505.5: Payoff demands
  15. 735 ILCS 5/15-1506: Judgment
  16. 735 ILCS 5/15-1507: Judicial sale
  17. 735 ILCS 5/15-1508: Report of sale and confirmation of sale
  18. 735 ILCS 5/15-1511: Deficiency
  19. 735 ILCS 5/15-1512: Application of proceeds of sale and surplus
  20. 735 ILCS 5/15-1602: Reinstatement
  21. 735 ILCS 5/15-1603: Redemption
  22. 735 ILCS 5/15-1604: Special right to redeem
  23. 735 ILCS 5/15-1701: Right to possession
  24. 735 ILCS 5/15-1401: Deed in lieu of foreclosure
  25. 735 ILCS 5/15-1402: Consent foreclosure
  26. 735 ILCS 5/15-1219: Residential real estate (definition)
  27. 765 ILCS 940/15: Mortgage Rescue Fraud Act, rescission of consultant contract
  28. 765 ILCS 940/35: Mortgage Rescue Fraud Act, cancellation of conveyance contract
  29. 765 ILCS 940/50: Mortgage Rescue Fraud Act, violations
  30. 765 ILCS 940/70: Mortgage Rescue Fraud Act, consultant compensation
  31. Illinois Supreme Court Rules (index showing Rule 99.1 and Rule 114)
  32. Illinois Supreme Court Rule 99.1: Mortgage Foreclosure Mediation Programs (amended Dec. 2, 2025, eff. Mar. 1, 2026)
  33. Illinois Supreme Court Rule 114: Loss Mitigation Affidavit (form)
  34. Illinois Courts: Approved Statewide Forms, Mortgage Foreclosure
  35. Illinois Courts: How to Respond to a Mortgage Foreclosure Complaint
  36. Circuit Court of Cook County: Chancery Division Mediation
  37. Cook County Legal Aid for Housing and Debt
  38. 17th Judicial Circuit Court: Mortgage Foreclosure Program
  39. Illinois Attorney General: Home Ownership and Rental Issues
  40. Illinois Legal Aid Online: Mortgage foreclosure
  41. Illinois Legal Aid Online: Options for dealing with foreclosure
  42. Illinois Legal Aid Online: Collecting a surplus after a foreclosure sale
  43. State of Illinois press release on the Illinois Homeowner Assistance Fund (opened April 11, 2022, closed October 31, 2023)
  44. U.S. Department of the Treasury: Homeowner Assistance Fund
  45. Illinois Housing Development Authority: Saving My Home
  46. Illinois Department of Revenue: Property Tax Relief (Senior Citizens Real Estate Tax Deferral Program)
  47. IDFPR Division of Banking: File a Complaint
  48. Illinois State Bar Association: Illinois Lawyer Finder