reglab/housing_qa huggingface dataset:
735 ILCS 5/15-1602
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XV - Mortgage Foreclosure

 (from Ch. 110, par. 15-1602)Sec. 15-1602.     Reinstatement.     In any foreclosure of a mortgage  executed after July 21, 1959, which has become due prior to the maturity  date fixed in the mortgage, or in any instrument or obligation secured by  the mortgage, through acceleration because of a default under the mortgage,  a mortgagor may reinstate the mortgage as provided herein.  Reinstatement  is effected by curing all defaults then existing, other than payment of  such portion of the principal which would not have been due had no  acceleration occurred, and by paying all costs and expenses required by the  mortgage to be paid in the event of such defaults, provided that such cure  and payment are made prior to the expiration of 90 days from the date the  mortgagor or, if more than one, all the mortgagors (i) have been served  with summons or by publication or (ii) have  otherwise submitted to the  jurisdiction of the court. When service is made by publication, the first  date of publication shall be used for the calculation.  Upon such reinstatement of  the mortgage, the foreclosure and any other proceedings for the collection  or enforcement of the obligation secured by the mortgage shall be dismissed  and the mortgage documents shall remain in full force and effect as if no  acceleration or default had occurred.  The relief granted by this Section  shall not be exhausted by a single use thereof, but if the  court has made an express written finding that the mortgagor has exercised  its right to reinstate pursuant to this Section, such relief shall not be  again available to the mortgagor under the same mortgage for a period of  five years from the date of the dismissal of such foreclosure.  The  provisions of Section 9-110 of the Code of Civil Procedure shall be  inapplicable with respect to any  instrument which is deemed a mortgage under this Article.  The court may  enter a judgment of foreclosure prior to the expiration of the  reinstatement period, subject to the right of the mortgagor to reinstate  the mortgage under this Section.    (Source: P.A. 86-974.)
735 ILCS 5/15-1604
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XV - Mortgage Foreclosure

 (from Ch. 110, par. 15-1604)Sec. 15-1604.     Special Right to Redeem.(a) Circumstances. With  respect to residential real estate, if (i) the purchaser at the sale was a  mortgagee who was a party to the foreclosure or its nominee and (ii) the  sale price was less than the amount specified in subsection (d) of Section  15-1603, then, and only in such circumstances, an owner of redemption as  specified in subsection (a) of Section 15-1603 shall have a special right  to redeem, for a period ending 30 days after the date the sale is  confirmed, by paying to the mortgagee (i) the sale price, (ii) all additional  costs and expenses incurred by the mortgagee set forth in the report of  sale and confirmed by the court, and (iii) interest at the statutory  judgment rate from the date the purchase price was paid or credited as an offset.(b) Procedure.  Upon receipt of such amount, the mortgagee shall assign  to the redeeming owner of redemption its certificate of  sale or its right to such certificate or to a deed.  The mortgagee shall  give to the redeeming owner of redemption an executed duplicate of such  assignment, marked "Duplicate", which duplicate the owner of redemption  shall file with the court.  If a deed has been issued to the mortgagee  or its nominee, the holder of such deed, or such holder's successor in  title, shall execute and deliver a deed conveying the  mortgaged real estate to  the redeeming owner of redemption subject only to those encumbrances that  would normally arise on title if a redemption were made under Section  15-1603, including a deficiency, if any, resulting from the foreclosure  sale.  Nothing contained herein shall affect the right to a personal or in  rem deficiency judgment, and enforcement thereof shall be allowed as provided  by law.  Any deficiency judgment shall retain the same priority on title as did  the mortgage from which it arose.  The mortgagee, its nominee or its  successors in title shall not permit encumbrances on title arising on or  after the date of the deed to the  mortgagee or nominee caused by or relating  to the mortgagee or its nominee or its successors in title.    (Source: P.A. 86-974.)
735 ILCS 5/15-1605
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XV - Mortgage Foreclosure

 (from Ch. 110, par. 15-1605)Sec. 15-1605.     Equitable Right of Redemption.     No equitable right of  redemption shall exist or be enforceable under or with respect to a  mortgage after a judicial sale of the mortgaged real estate pursuant to  Section 15-1507 or after entry of a judgment of foreclosure pursuant to  Sections 15-1402 or 15-1403.    (Source: P.A. 84-1462.)
735 ILCS 5/Art. XV Pt. 17 heading
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XV - Mortgage Foreclosure

 Part 17.      Possession During Foreclosure
735 ILCS 5/15-1705
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XV - Mortgage Foreclosure

 (from Ch. 110, par. 15-1705)Sec. 15-1705.     Bond.     (a) Mortgagee in Possession. Upon good cause shown  after notice and hearing, the court may require that a mortgagee in  possession give bond to other parties to account for what shall come into  the mortgagee's possession by virtue of taking possession of the mortgaged  real estate and for the acts of such mortgagee. The bond shall be in such  reasonable amount, form and with such surety as may be required by the court.(b) Receiver. When a receiver is appointed, bond may be required in  accordance with Section 2-415 of the Code of Civil Procedure.(c) Corporations. Notwithstanding the provisions of subsections (a) and  (b) of Section 15-1705, a corporation qualified to administer trusts in  this State that is acting as a mortgagee in possession or receiver shall  not be required to give bond other than appeal bonds.    (Source: P.A. 84-1462.)
735 ILCS 5/15-1706
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XV - Mortgage Foreclosure

(735 ILCS 5/15-1706) (from Ch. 110, par. 15-1706)Sec. 15-1706.     Possession.(a) Request. A request that the mortgagee be  placed in possession or that a receiver be appointed may be made by motion,  whether or not such request is included in the complaint or other pleading.  Any such request shall be supported by affidavit or other sworn pleading.(b) Meaning of Request. A request in a motion or in the complaint  or other pleading that the mortgagee be placed in possession or that a  receiver be appointed shall be construed to mean a mortgagee placed in  possession or a receiver appointed in accordance with, and with powers and  duties specified by, Part 17 of this Article.(c) Hearing. After reasonable notice has been given to all other  parties, the court shall promptly hold a hearing and promptly rule on a  request that a mortgagee be placed in possession or that a receiver be  appointed, except that, if no objection to the request is made prior to the  time specified for the hearing, the court shall rule without a hearing.(d) Reasonable Notice. For the purposes of subsection (c) of Section  15-1706, notice shall be reasonable if given as much in advance of the  hearing as notice of motions generally is required to be given under  applicable court rules, and if served in the same manner as motions  generally are served; except, if the mortgagor has not been served with the  complaint, the mortgagor must be served in the same manner as required for  service of process. Notwithstanding anything in the foregoing sentence to  the contrary, except with respect to the mortgagor of residential real  estate which has not been abandoned, the court may rule without service on  a party, if the party is in default or if the party making the request  shows good cause by affidavit or other sworn evidence. If the mortgagor is  not served prior to the hearing, he shall be given notice of the hearing to  the same extent as applicable court rules may provide for post-hearing  notice of emergency and ex parte motions.    (Source: P.A. 84-1462.)
735 ILCS 5/Art. XVI heading
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 ARTICLE XVI  NE EXEAT
735 ILCS 5/16-101
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-101)Sec. 16-101.     Availability of remedy.     Relief by ne exeat republica may  be granted,  in cases where the debt or claim is not actually due, but exists fairly  and bona fide in expectancy at the time of making application, and in  cases where the claim is due; and it is not necessary, to  authorize the granting of such relief by ne exeat, that the applicant  show that his or her debt or claim is purely of an equitable character.    (Source: P.A. 82-280.)
735 ILCS 5/16-102
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-102)Sec. 16-102.     In favor of co-obligors or co-debtors.     In case of joint,  or joint and several obligors or debtors,  if one or more of them is about to remove outside of the jurisdictional  limits of this State, taking their property with them, leaving one or  more co-obligors or co-debtors bound with them for the payment of any  sum of money, or for the delivery of any article of property, or for the  conveyance of land at a certain time, which time has not arrived  at the time of such intended removal, such co-obligor or co-debtor who  remains is entitled, upon application, to relief by ne exeat, to  compel the co-obligor or co-debtor who is about to remove to secure the  payment of his or her part of the sum to be paid, or of the delivery of the  property, or to convey, or to join in the conveyance of the land.  In cases of security, the relief by ne exeat may be granted, on application of  a security, against the principal or co-security, when the obligation or  debt is not yet due, and the principal or co-security is about  removing out of the State.    (Source: P.A. 82-280.)
735 ILCS 5/16-103
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-103)Sec. 16-103.     Venue.     Where ne exeat proceedings are  ancillary to any other action or proceeding, the venue shall be the same  as that of the main action or proceeding.    (Source: P.A. 82-280.)
735 ILCS 5/16-104
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-104)Sec. 16-104.     Complaint or petition - Bond.     No relief by ne exeat shall  be granted but upon complaint or  petition filed, and affidavit to the truth of the allegation therein  contained. Upon the granting of such relief the court shall  enter an order stating in what  penalty bond and security shall be required of the defendant or respondent.  The court shall also require the plaintiff or petitioner, before a certified  copy of the ne exeat order is issued by the clerk, bond with good and sufficient  surety, in such sum as  the court shall deem proper, conditioned that the  plaintiff or petitioner will prosecute the complaint or petition with effect,  and will reimburse to the defendant or respondent such damages and costs as shall be  wrongfully sustained by occasion of the granting of the relief by ne exeat.  If any defendant or respondent to any such relief by ne exeat is  damaged, he or she may bring an action on such bond; and, if, on trial,  it is determined by the court that  such relief by ne exeat was applied for without just cause,  the person affected shall recover damages, to be assessed as in other  cases on penal bonds.    (Source: P.A. 82-280.)
735 ILCS 5/16-105
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-105)Sec. 16-105.     Limited to matters which are germane.     No matters not  germane to the distinctive purpose of the  proceeding shall be introduced by joinder, counterclaim or otherwise.    (Source: P.A. 82-280.)
735 ILCS 5/16-106
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-106)Sec. 16-106.     Orders returnable.     All orders for ne exeat shall be returnable  to the clerk of the court which entered the orders.    (Source: P.A. 82-280.)
735 ILCS 5/16-107
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-107)Sec. 16-107.     Service of order - Bond.     The order for ne exeat shall  require the defendant to file his or her answer or otherwise plead within  a time designated in the order, and, upon a certified copy of the order  being served upon  the defendant he or she shall give bond, with surety in the sum specified in  such order, conditioned that he or she will not depart the State without leave  of the court, and that he or she will render himself or herself to answer any  judgment which the court may enter against him or her; and in default of  giving such security, he or she may be committed to a penal institution other  than the penitentiary, as in other cases, for the want of bail.  No  temporary departure from the State shall be considered as a breach of  the condition of the bond, if he or she returns before personal appearance is   necessary to answer or comply with any judgment or order of the court.    (Source: P.A. 82-280.)
735 ILCS 5/16-108
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-108)Sec. 16-108.     Surrender of defendant.     The surety in any bond for the defendant may,  at any time before the bond is forfeited, surrender the  defendant, in exoneration of himself or herself, in the same manner that bail may  surrender their principal, and obtain the same discharge.    (Source: P.A. 82-280.)
735 ILCS 5/16-109
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-109)Sec. 16-109.     Proceedings after service of order.     On the return of the order for ne exeat, if it was  duly served, the court shall proceed therein as in other cases where  equitable relief is sought, if the time of performance of the duty or  obligation of the defendant has expired; if not, then the proceedings  shall be stayed until it has expired.    (Source: P.A. 82-280.)
735 ILCS 5/16-110
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

 (from Ch. 110, par. 16-110)Sec. 16-110.     Vacating order.     Nothing contained in Section 16-109 of  this Act shall prevent the  court from proceeding at any time to determine whether the order for ne exeat ought  not to be vacated.    (Source: P.A. 82-280.)
735 ILCS 5/16-111
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVI - Ne Exeat

(735 ILCS 5/16-111) (from Ch. 110, par. 16-111)Sec. 16-111.     Seeking wrong remedy not fatal.     Where relief is sought under Article XVI of this Act and the court determines, on  motion directed to the pleadings, or on motion for summary judgment or  upon trial, that the plaintiff or petitioner has pleaded or established facts which  entitle him or her to relief but that he or she has sought the wrong remedy, the court  shall permit the pleadings to be amended, on just and reasonable terms,  and the court shall grant the relief to which plaintiff or petitioner is entitled on  the amended pleadings or upon the evidence. In considering whether a  proposed amendment is just and reasonable, the court shall consider the  right of the defendant or respondent to assert additional defenses, to demand a trial  by jury, to plead a counterclaim or third party complaint, and to order  the plaintiff or petitioner to take additional steps which were not required under the  pleadings as previously filed.    (Source: P.A. 82-280.)
735 ILCS 5/Art. XVII heading
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 ARTICLE XVII  PARTITION
735 ILCS 5/17-101
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-101)Sec. 17-101. Compelling partition. When lands, tenements, or hereditaments  are held in joint  tenancy or tenancy in common, other than in accordance with the Uniform Partition of Heirs Property Act, or other form of co-ownership and regardless of whether any or all of the claimants are  minors or adults, any one or more of the persons interested therein  may compel a partition thereof by a verified complaint in the circuit court of  the  county where the premises or part of the premises are situated.  If lands, tenements or hereditaments held in joint tenancy or tenancy in  common are situated in 2 or more counties, the venue may be in any one  of such counties, and the circuit court of any such county first  acquiring jurisdiction shall retain sole and exclusive jurisdiction.  Ownership of an interest in the surface of lands, tenements, or  hereditaments by a co-owner of an interest in minerals underlying  the surface does not prevent partition of the mineral estate.  This amendatory Act of the 92nd General Assembly is a declaration  of existing law and is intended to remove any possible conflicts or  ambiguities, thereby confirming existing law pertinent to the  partition of interests in minerals and applies to all actions for the  partition of minerals now pending or filed on or after the effective  date of this amendatory Act of the 92nd General Assembly.  Nothing in this amendatory Act of the 92nd General Assembly shall be  construed as allowing an owner of a mineral interest in coal to mine and  remove the coal by the surface method of mining without first obtaining the  consent of all of the owners of the surface to the mining and removal of coal  by the  surface method of mining. Ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface.  The ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate.    (Source: P.A. 101-520, eff. 8-23-19.)
735 ILCS 5/17-102
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-102)Sec. 17-102. Complaint. The verified complaint shall particularly describe the premises sought to be  divided, and shall set forth the interests of all parties interested  therein, so far as the same are known to the plaintiffs, including  tenants for years or for life, and of all persons entitled to the  reversion, remainder or inheritance, and of every person who, upon any  contingency, may be or become entitled to any beneficial interest in the  premises, so far as the same are known to the plaintiffs, and shall ask  for the division and partition of the premises according to the  respective rights of the parties interested therein, or in accordance with the Uniform Partition of Heirs Property Act.  (Source: P.A. 101-520, eff. 8-23-19.)
735 ILCS 5/17-103
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-103)Sec. 17-103.     Parties defendant.     Every person having any interest, whether  in possession or  otherwise, who is not a plaintiff shall be made a defendant in such  complaint.    (Source: P.A. 82-280.)
735 ILCS 5/17-104
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-104)Sec. 17-104.     Unknown parties.     When there are any persons interested  in the premises whose  names are unknown, or the share or quantity of interest of any of the  parties is unknown to the plaintiff, or such share or interest is  uncertain or contingent, or the ownership of the inheritance depends  upon an executory devise, or the remainder is contingent, so that such  parties cannot be named, it shall be so stated in the verified complaint.    (Source: P.A. 82-280.)
735 ILCS 5/17-105
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-105)Sec. 17-105. Judgment. The court shall ascertain and declare the rights, titles and  interest of all the parties in such action, the plaintiffs as well as the  defendants, and shall enter judgment according to the rights of the  parties. After entry of judgment adjudicating the rights, titles, and interests of the parties, the court upon further hearing shall determine whether or not the premises or any part thereof can be divided among the parties without manifest prejudice to the parties in interest.  If the court finds that a division can be made, then the court shall enter further judgment fairly and impartially dividing the premises among the parties with or without owelty. If the court finds that the whole or any part of the premises sought to be partitioned cannot be divided without manifest prejudice to the owners thereof and is not governed by the Uniform Partition of Heirs Property Act, then the court shall order the premises not susceptible of division to be sold at public sale in such manner and upon such terms and notice of sale as the court directs.  If the court orders the sale of the premises or any part thereof, the court shall fix the value of the premises to be sold.  No sale may be approved for less than two-thirds of the total amount of the valuation of the premises to be sold.  If it appears to the court that any of the premises will not sell for two-thirds of the amount of the valuation thereof, the court upon further hearing may either revalue the premise and approve the sale or order a new sale.    (Source: P.A. 101-520, eff. 8-23-19.)
735 ILCS 5/17-106
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-106)Sec. 17-106. Appointment of commissioner and surveyor.    The court in its discretion, sua sponte, or on the motion of any interested party, must appoint a disinterested commissioner who, subject to direction by the court, shall report to the court in writing under oath as to whether or not the premises are subject to division without manifest prejudice to the rights of the parties and, if so, report how the division may be made.  The court may authorize the employment of a surveyor to carry out or assist in the division of the premises. The fees and expenses of the commissioner and of the surveyor and the person making the sale shall be taxed as costs in the proceedings.    (Source: P.A. 101-520, eff. 8-23-19.)
735 ILCS 5/17-107
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-107)Sec. 17-107.     (Repealed).         (Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
735 ILCS 5/17-108
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XVII - Partition

 (from Ch. 110, par. 17-108)Sec. 17-108.     (Repealed).     (Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)