735 ILCS 5/15-1502
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XV - Mortgage Foreclosure

 (from Ch. 110, par. 15-1502)Sec. 15-1502.     Nonrecord Claimants.     (a) Right to Become Record Claimant.  At any time prior to the recording of a notice of foreclosure in accordance  with Section 15-1503, a nonrecord claimant or unknown owner may become a  record claimant with respect to the foreclosure by recording a notice of  such claimant's interest in the mortgaged real estate in accordance with Section 15-1218.(b) Rights of Nonrecord Claimants After Notice.  The interest in the  mortgaged real estate of a nonrecord claimant who is given notice of the  foreclosure as provided in paragraph (2) of subsection (c) of Section 15-1502  shall be barred and  terminated by any judgment of foreclosure to the same extent as if such  claimant had been a party.(c) Terminating Rights of Nonrecord Claimants.  (1) Contents of  Affidavit.  A party in a foreclosure seeking to bar and terminate the  interest in the mortgaged real estate of nonrecord claimants shall file in  the office of the clerk of the court in which such action is pending an  affidavit stating (i) the names and respective present or last known places  of residence of such nonrecord claimants, or (ii) that the existence, names  or the present or last known places of residence, or both, of such  nonrecord claimants are unknown as of that time to the party and to the  party's attorney.  Such affidavit, with respect to names and places of  residence, may be made upon information and belief of the affiant.  The  affidavit need not state that inquiry has been made to ascertain the names  or present or last known places of residence of such nonrecord claimants,  and no such inquiry need be made.(2) Notice.  At least 30 days prior to the entry of a judgment of  foreclosure, any person identified in the affidavit described in paragraph  (1) of subsection (c) of Section  15-1502 shall be given a notice of the foreclosure complying with the  requirements of Section 15-1503 by the party filing the affidavit.  Such  notice shall be given in the manner and upon the terms and conditions set  forth in Sections 2-206 and 2-207 of the Code of Civil Procedure, except  that (i) such notice with  respect to nonrecord claimants whose names are not set forth in such  affidavit, instead of being addressed to such nonrecord claimants by name,  may simply be addressed to "Nonrecord Claimants" and (ii) when the  mortgaged real estate is located within a municipality in a county with a  population under 2,000,000, publication shall be in a newspaper generally  circulated in such municipality.  Such notice shall  have the same effect with respect to all nonrecord claimants designated  therein as though a notice containing their names had been published in  accordance with Sections 2-206 and 2-207 of the Code of Civil  Procedure and may be combined with any  notice published against parties defendant in the same action pursuant to those Sections.(3) Errors.  Any inaccuracy in the affidavit described  in paragraph (1) of subsection (c) of Section 15-1502 or the failure to  file such affidavit or the failure to give notice in accordance with  paragraph (2) of subsection (c) of Section 15-1502 shall not  invalidate any sale made pursuant to this Article.(4) Rights of Barred Nonrecord Claimant.  Nothing in  paragraph (3) of subsection (c) of Section  15-1502 shall affect the rights, if any, of any nonrecord claimant  whose interest in the mortgaged real estate was barred and terminated to  bring an action against any party to the foreclosure on whose behalf the  affidavit was filed, on account of the  filing of an inaccurate affidavit by such party in accordance with  paragraph (1) of subsection (c) of Section  15-1502 or the failure to give notice  in accordance with paragraph (2) of  subsection (c) of Section 15-1502.    (Source: P.A. 84-1462.)