Bill Amendment: IL HB3360 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FORECLOSURE-FILING FEES
Status: 2021-01-13 - Passed Both Houses [HB3360 Detail]
Download: Illinois-2019-HB3360-House_Amendment_001.html
Bill Title: FORECLOSURE-FILING FEES
Status: 2021-01-13 - Passed Both Houses [HB3360 Detail]
Download: Illinois-2019-HB3360-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3360
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2 | AMENDMENT NO. ______. Amend House Bill 3360 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Sections 15-1504.1 and by reenacting and changing | ||||||
6 | Section 15-1507.1 as follows:
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7 | (735 ILCS 5/15-1504.1) | ||||||
8 | Sec. 15-1504.1. Filing fee for Foreclosure Prevention | ||||||
9 | Program Fund, Foreclosure Prevention Program Graduated Fund, | ||||||
10 | and Abandoned Residential Property Municipality Relief Fund. | ||||||
11 | (a) Fee paid by all plaintiffs with respect to residential | ||||||
12 | real estate. With respect to residential real estate, at the | ||||||
13 | time of the filing of a foreclosure complaint, the plaintiff | ||||||
14 | shall pay to the clerk of the court in which the foreclosure | ||||||
15 | complaint is filed a fee of $50 for deposit into the | ||||||
16 | Foreclosure Prevention Program Fund, a special
fund created in |
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1 | the State treasury. The clerk shall remit the fee collected | ||||||
2 | pursuant to this subsection (a) to the State Treasurer to be | ||||||
3 | expended for the purposes set forth in Section 7.30 of the | ||||||
4 | Illinois Housing Development Act. All fees paid by plaintiffs | ||||||
5 | to the clerk of the court as provided in this subsection (a) | ||||||
6 | shall be disbursed within 60 days after receipt by the clerk of | ||||||
7 | the court as follows: (i) 98% to the State Treasurer for | ||||||
8 | deposit into the Foreclosure Prevention Program Fund, and (ii) | ||||||
9 | 2% to the clerk of the court to be retained by the clerk for | ||||||
10 | deposit into the Circuit Court Clerk Operation and | ||||||
11 | Administrative Fund to defray administrative expenses related | ||||||
12 | to implementation of this subsection (a). Notwithstanding any | ||||||
13 | other law to the contrary, the Foreclosure Prevention Program | ||||||
14 | Fund is not subject to sweeps, administrative charge-backs, or | ||||||
15 | any other fiscal maneuver that would in any way transfer any | ||||||
16 | amounts from the Foreclosure Prevention Program Fund into any | ||||||
17 | other fund of the State. | ||||||
18 | (a-5) Additional fee paid by plaintiffs with respect to | ||||||
19 | residential real estate. | ||||||
20 | (1) Until January 1, 2025 2020 , with respect to | ||||||
21 | residential real estate, at the time of the filing of a | ||||||
22 | foreclosure complaint and in addition to the fee set forth | ||||||
23 | in subsection (a) of this Section, the plaintiff shall pay | ||||||
24 | to the clerk of the court in which the foreclosure | ||||||
25 | complaint is filed a fee for the Foreclosure Prevention | ||||||
26 | Program Graduated Fund and the Abandoned Residential |
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1 | Property Municipality Relief Fund as follows: | ||||||
2 | (A) The fee shall be $500 until January 1, 2021; | ||||||
3 | $450 starting January 1, 2021; $400 starting January 1, | ||||||
4 | 2022; $350 starting January 1, 2023; $300 starting | ||||||
5 | January 1, 2024; and $300 starting January 1, 2025 if: | ||||||
6 | (i) the plaintiff, together with its | ||||||
7 | affiliates, has filed a sufficient
number of | ||||||
8 | foreclosure complaints so as to be included in the | ||||||
9 | first tier
foreclosure filing category and is | ||||||
10 | filing the complaint on its own behalf as
the | ||||||
11 | holder of the indebtedness; or | ||||||
12 | (ii) the plaintiff, together with its | ||||||
13 | affiliates, has filed a sufficient
number of | ||||||
14 | foreclosure complaints so as to be included in the | ||||||
15 | first tier
foreclosure filing category and is | ||||||
16 | filing the complaint on behalf of a
mortgagee that, | ||||||
17 | together with its affiliates, has filed a | ||||||
18 | sufficient
number of foreclosure complaints so as | ||||||
19 | to be included in the first tier
foreclosure filing | ||||||
20 | category; or | ||||||
21 | (iii) the plaintiff is not a depository | ||||||
22 | institution and is filing the complaint on behalf | ||||||
23 | of a mortgagee that, together with its affiliates, | ||||||
24 | has filed a sufficient number of foreclosure | ||||||
25 | complaints so as to be
included in the first tier | ||||||
26 | foreclosure filing category. |
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1 | (B) The fee shall be $250 until January 1, 2021; | ||||||
2 | $225 starting January 1, 2021; $200 starting January 1, | ||||||
3 | 2022; $175 starting January 1, 2023; $150 starting | ||||||
4 | January 1, 2024; and $125 starting January 1, 2025 if: | ||||||
5 | (i) the plaintiff, together with its | ||||||
6 | affiliates, has filed a sufficient number of | ||||||
7 | foreclosure complaints so as to be included in the | ||||||
8 | second tier foreclosure filing category and is | ||||||
9 | filing the complaint on its own behalf as
the | ||||||
10 | holder of the indebtedness; or | ||||||
11 | (ii) the plaintiff, together with its | ||||||
12 | affiliates, has filed a sufficient number of | ||||||
13 | foreclosure complaints so as to be included in the | ||||||
14 | first or second tier foreclosure filing category | ||||||
15 | and is filing the complaint on behalf
of a | ||||||
16 | mortgagee that, together with its affiliates, has | ||||||
17 | filed a sufficient
number of foreclosure | ||||||
18 | complaints so as to be included in the second tier | ||||||
19 | foreclosure filing category; or | ||||||
20 | (iii) the plaintiff, together with its | ||||||
21 | affiliates, has filed a sufficient
number of | ||||||
22 | foreclosure complaints so as to be included in the | ||||||
23 | second tier
foreclosure filing category and is | ||||||
24 | filing the complaint on behalf of a
mortgagee that, | ||||||
25 | together with its affiliates, has filed a | ||||||
26 | sufficient
number of foreclosure complaints so as |
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1 | to be included in the first tier
foreclosure filing | ||||||
2 | category; or | ||||||
3 | (iv) the plaintiff is not a depository | ||||||
4 | institution and is filing the complaint on behalf | ||||||
5 | of a mortgagee that, together with its affiliates, | ||||||
6 | has
filed a sufficient number of foreclosure | ||||||
7 | complaints so as to be included in
the second tier | ||||||
8 | foreclosure filing category. | ||||||
9 | (C) The fee shall be $50 until January 1, 2021; $45 | ||||||
10 | starting January 1, 2021; $40 starting January 1, 2022; | ||||||
11 | $35 starting January 1, 2023; $30 starting January 1, | ||||||
12 | 2024; and $25 starting January 1, 2025 if: | ||||||
13 | (i) the plaintiff, together with its | ||||||
14 | affiliates, has filed a sufficient number of | ||||||
15 | foreclosure complaints so as to be included in the | ||||||
16 | third tier foreclosure filing category and is | ||||||
17 | filing the complaint on its own behalf as
the | ||||||
18 | holder of the indebtedness; or | ||||||
19 | (ii) the plaintiff, together with its | ||||||
20 | affiliates, has filed a sufficient number of | ||||||
21 | foreclosure complaints so as to be included in the | ||||||
22 | first, second, or third tier foreclosure filing | ||||||
23 | category and is filing the complaint on
behalf of a | ||||||
24 | mortgagee that, together with its affiliates, has | ||||||
25 | filed a sufficient
number of foreclosure | ||||||
26 | complaints so as to be included in the third tier |
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1 | foreclosure filing category; or | ||||||
2 | (iii) the plaintiff, together with its | ||||||
3 | affiliates, has filed a sufficient
number of | ||||||
4 | foreclosure complaints so as to be included in the | ||||||
5 | third tier
foreclosure filing category and is | ||||||
6 | filing the complaint on behalf of a
mortgagee that, | ||||||
7 | together with its affiliates, has filed a | ||||||
8 | sufficient
number of foreclosure complaints so as | ||||||
9 | to be included in the first tier
foreclosure filing | ||||||
10 | category; or | ||||||
11 | (iv) the plaintiff, together with its | ||||||
12 | affiliates, has filed a sufficient
number of | ||||||
13 | foreclosure complaints so as to be included in the | ||||||
14 | third tier
foreclosure filing category and is | ||||||
15 | filing the complaint on behalf of a
mortgagee that, | ||||||
16 | together with its affiliates, has filed a | ||||||
17 | sufficient
number of foreclosure complaints so as | ||||||
18 | to be included in the second tier
foreclosure | ||||||
19 | filing category; or | ||||||
20 | (v) the plaintiff is not a depository | ||||||
21 | institution and is filing the complaint on behalf | ||||||
22 | of a mortgagee that, together with its affiliates, | ||||||
23 | has
filed a sufficient number of foreclosure | ||||||
24 | complaints so as to be included in
the third tier | ||||||
25 | foreclosure filing category. | ||||||
26 | (2) The clerk shall remit the fee collected pursuant to |
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1 | paragraph (1) of this subsection (a-5) to the State | ||||||
2 | Treasurer to be expended for the purposes set forth in | ||||||
3 | Sections 7.30 and 7.31 of the Illinois Housing Development | ||||||
4 | Act and for administrative expenses. All fees paid by | ||||||
5 | plaintiffs to the clerk of the court as provided in | ||||||
6 | paragraph (1) shall be disbursed within 60 days after | ||||||
7 | receipt by the clerk of the court as follows: | ||||||
8 | (A) 28% to the State Treasurer for deposit into the | ||||||
9 | Foreclosure Prevention Program Graduated Fund; | ||||||
10 | (B) 70% to the State Treasurer for deposit into the | ||||||
11 | Abandoned Residential Property Municipality Relief | ||||||
12 | Fund; and | ||||||
13 | (C) 2% to the clerk of the court to be retained by | ||||||
14 | the clerk for deposit into the Circuit Court Clerk | ||||||
15 | Operation and Administrative Fund to defray | ||||||
16 | administrative expenses related to implementation of | ||||||
17 | this subsection (a-5). | ||||||
18 | (3) Until January 1, 2025 2020 , with respect to | ||||||
19 | residential real estate, at the time of the filing of a | ||||||
20 | foreclosure complaint, the plaintiff or plaintiff's | ||||||
21 | representative shall file a verified statement that states | ||||||
22 | which additional fee is due under paragraph (1) of this | ||||||
23 | subsection (a-5), unless the court has established another | ||||||
24 | process for a plaintiff or plaintiff's representative to | ||||||
25 | certify which additional fee is due under paragraph (1) of | ||||||
26 | this subsection (a-5). |
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1 | (4) If a plaintiff fails to provide the clerk of the | ||||||
2 | court with a true and correct statement of the additional | ||||||
3 | fee due under paragraph (1) of this subsection (a-5), and | ||||||
4 | the mortgagor reimburses the plaintiff for any erroneous | ||||||
5 | additional fee that was paid by the plaintiff to the clerk | ||||||
6 | of the court, the mortgagor may seek a refund of any | ||||||
7 | overpayment of the fee in an amount that shall not exceed | ||||||
8 | the difference between the higher additional fee paid under | ||||||
9 | paragraph (1) of this subsection (a-5) and the actual fee | ||||||
10 | due thereunder. The mortgagor must petition the judge | ||||||
11 | within the foreclosure action for the award of any fee | ||||||
12 | overpayment pursuant to this paragraph (4) of this | ||||||
13 | subsection (a-5), and the award shall be determined by the | ||||||
14 | judge and paid by the clerk of the court out of the fund | ||||||
15 | account into which the clerk of the court deposits fees to | ||||||
16 | be remitted to the State Treasurer under paragraph (2) of | ||||||
17 | this subsection (a-5), the timing of which refund payment | ||||||
18 | shall be determined by the clerk of the court based upon | ||||||
19 | the availability of funds in the subject fund account. This | ||||||
20 | refund shall be the mortgagor's sole remedy and a mortgagor | ||||||
21 | shall have no private right of action against the plaintiff | ||||||
22 | or plaintiff's representatives if the additional fee paid | ||||||
23 | by the plaintiff was erroneous. | ||||||
24 | (5) This subsection (a-5) is inoperative on and after | ||||||
25 | January 1, 2025 2020 . | ||||||
26 | (b) Not later than March 1 of each year, the clerk of the |
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1 | court shall submit to the Illinois Housing Development | ||||||
2 | Authority a report of the funds collected and remitted pursuant | ||||||
3 | to this Section during the preceding year.
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4 | (c) As used in this Section: | ||||||
5 | "Affiliate" means any company that controls, is controlled | ||||||
6 | by, or is under common control with another company. | ||||||
7 | "Approved counseling agency" and "approved housing | ||||||
8 | counseling" have the meanings ascribed to those terms in | ||||||
9 | Section 7.30 of the Illinois Housing Development Act. | ||||||
10 | "Depository institution" means a bank, savings bank, | ||||||
11 | savings and loan association, or credit union chartered, | ||||||
12 | organized, or holding a certificate of authority to do business | ||||||
13 | under the laws of this State, another state, or the United | ||||||
14 | States. | ||||||
15 | "First tier foreclosure filing category" is a | ||||||
16 | classification that only applies to a plaintiff that has filed | ||||||
17 | 175 or more foreclosure complaints on residential real estate | ||||||
18 | located in Illinois during the calendar year immediately | ||||||
19 | preceding the date of the filing of the subject foreclosure | ||||||
20 | complaint. | ||||||
21 | "Second tier foreclosure filing category" is a | ||||||
22 | classification that only applies to a plaintiff that has filed | ||||||
23 | at least 50, but no more than 174, foreclosure complaints on | ||||||
24 | residential real estate located in Illinois during the calendar | ||||||
25 | year immediately preceding the date of the filing of the | ||||||
26 | subject foreclosure complaint. |
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1 | "Third tier foreclosure filing category" is a | ||||||
2 | classification that only applies to a plaintiff that has filed | ||||||
3 | no more than 49 foreclosure complaints on residential real | ||||||
4 | estate located in Illinois during the calendar year immediately | ||||||
5 | preceding the date of the filing of the subject foreclosure | ||||||
6 | complaint. | ||||||
7 | (d) In no instance shall the fee set forth in subsection | ||||||
8 | (a-5) be assessed for any foreclosure complaint filed before | ||||||
9 | the effective date of this amendatory Act of the 97th General | ||||||
10 | Assembly. | ||||||
11 | (e) Notwithstanding any other law to the contrary, the | ||||||
12 | Abandoned Residential Property Municipality Relief Fund is not | ||||||
13 | subject to sweeps, administrative charge-backs, or any other | ||||||
14 | fiscal maneuver that would in any way transfer any amounts from | ||||||
15 | the Abandoned Residential Property Municipality Relief Fund | ||||||
16 | into any other fund of the State. | ||||||
17 | (Source: P.A. 100-407, eff. 8-25-17.)
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18 | (735 ILCS 5/15-1507.1) | ||||||
19 | Sec. 15-1507.1. Judicial sale fee for Abandoned | ||||||
20 | Residential Property Municipality Relief Fund. | ||||||
21 | (a) Upon and at the sale of residential real estate under | ||||||
22 | Section 15-1507, the purchaser shall pay to the person | ||||||
23 | conducting the sale pursuant to Section 15-1507 a fee for | ||||||
24 | deposit into the Abandoned Residential Property Municipality | ||||||
25 | Relief Fund, a special
fund created in the State treasury. The |
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1 | fee shall be calculated at the rate of $1 for each $1,000 or | ||||||
2 | fraction thereof of the amount paid by the purchaser to the | ||||||
3 | person conducting the sale, as reflected in the receipt of sale | ||||||
4 | issued to the purchaser, provided that in no event shall the | ||||||
5 | fee exceed $300. No fee shall be paid by the mortgagee | ||||||
6 | acquiring the residential real estate pursuant to its credit | ||||||
7 | bid at the sale or by any mortgagee, judgment creditor, or | ||||||
8 | other lienor acquiring the residential real estate whose rights | ||||||
9 | in and to the residential real estate arose prior to the sale. | ||||||
10 | Upon confirmation of the sale under Section 15-1508, the person | ||||||
11 | conducting the sale shall remit the fee to the clerk of the | ||||||
12 | court in which the foreclosure case is pending. The clerk shall | ||||||
13 | remit the fee to the State Treasurer as provided in this | ||||||
14 | Section, to be expended for the purposes set forth in Section | ||||||
15 | 7.31 of the Illinois Housing Development Act. | ||||||
16 | (b) All fees paid by purchasers as provided in this Section | ||||||
17 | shall be disbursed within 60 days after receipt by the clerk of | ||||||
18 | the court as follows: (i) 98% to the State Treasurer for | ||||||
19 | deposit into the Abandoned Residential Property Municipality | ||||||
20 | Relief Fund, and (ii) 2% to the clerk of the court to be | ||||||
21 | retained by the clerk for deposit into the Circuit Court Clerk | ||||||
22 | Operation and Administrative Fund to defray administrative | ||||||
23 | expenses related to implementation of this Section. | ||||||
24 | (c) Not later than March 1 of each year, the clerk of the | ||||||
25 | court shall submit to the Illinois Housing Development | ||||||
26 | Authority a report of the funds collected and remitted during |
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1 | the preceding year pursuant to this Section. | ||||||
2 | (d) Subsections (a) and (b) of this Section are operative | ||||||
3 | and shall become inoperative on January 1, 2025 2017 . This | ||||||
4 | Section is repealed on March 2, 2025 2017 . | ||||||
5 | (e) All actions taken in the collection and remittance of | ||||||
6 | fees under this Section before the effective date of this | ||||||
7 | amendatory Act of the 101st General Assembly are ratified, | ||||||
8 | validated, and confirmed.
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9 | (Source: P.A. 98-20, eff. 6-11-13; 99-493, eff. 12-17-15.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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