Notice of Foreclosure
(Lis Pendens) (IL)

Summary

This Notice of Foreclosure (commonly referred to as a lis pendens) may be used in Illinois to notify third parties that a foreclosure action has been filed against commercial or residential real property in Illinois. This template contains practical guidance and drafting notes. After a foreclosure action has been filed in Illinois (whether by complaint or by counterclaim), the plaintiff may record a notice of foreclosure (also referred to as a lis pendens) with the recorder of the county in which the mortgaged property is located. This notice of foreclosure is deemed constructive notice of the pending foreclosure on every person claiming an interest in or a lien upon the mortgaged property, unless that interest or lien was recorded prior to the date the notice of foreclosure was recorded. 735 ILCS 5/15-1503(a). The notice of foreclosure must include the following information: • The names of all plaintiffs • The case number • The court in which the action was brought • The names of all title holders of record • A legal description of the mortgaged property sufficient to identify it with reasonable certainty • A common address or description of the location of the mortgaged property –and– • An identification of the mortgage sought to be foreclosed 735 ILCS 5/15-1503(a). This template should not be used to file a lis pendens for an action that is not a mortgage foreclosure. Instead, use a general template. See 735 ILCS 5/2-1901 et seq. For a general template, see Notice of Lis Pendens (IL). For a full listing of key content regarding foreclosures in Illinois, see Foreclosure Resource Kit (IL). For further guidance see Commercial and Residential Mortgage Foreclosure: Preliminary Procedures and Commencement of Action (IL)and Commercial and Residential Mortgage Foreclosure: Judgment, Sale, Possession, and Right of Redemption (IL).