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Definition


Judicial sales are those sales that are based upon an order or a judgment of the court directing the sale.

The most common type of judicial sale is the sale of property pursuant to a foreclosure of a mortgage on real estate. Until July 1, 1987, judicial sales were conducted by the judge hearing the mortgage foreclosure action or by the sheriff of the county in which the property was located. A change in the Illinois Mortgage Foreclosure Law allows foreclosing lenders and their attorneys to designate someone other than the judge or the sheriff to conduct the mortgage foreclosure sale. 735 ILCS 5/15-1506(f)(3). The statute, effective July 1, 1987, states:
(f) without limiting the general authority and powers of the court, special matters may be included in the judgment of foreclosure if sought by a party in the complaint or by separate motion. Such matters may include, without limitation, ... (3) an official or other person who shall be the officer to conduct the sale other than the one customarily designated by the court....
The principals involved in drafting the Illinois Mortgage Foreclosure Law attempted to ensure that the foreclosed mortgagor’s equity would have a reasonable chance of being preserved. The inclusion of 735 ILCS 5/15-1506(f)(3) is a step toward attaining that goal.



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