Bill > HB4837

This bill amends the Code of Civil Procedure to mandate that a court must appoint a special representative to defend a judicial foreclosure action when the mortgagor, the person who took out the mortgage, has died. Previously, a special representative was not always required if certain living individuals or entities, such as surviving joint tenants, beneficiaries of a transfer on death instrument, or those who received the property before or after the mortgagor's death, were involved. The bill also clarifies that a deficiency judgment, which is a judgment for the outstanding debt after a foreclosure sale, cannot be sought against a deceased mortgagor in the foreclosure case itself.

https://www.ilga.gov/Legislation/BillStatus?DocNum=4837&GAID=18&DocTypeID=HB&SessionID=114&GA=104