IL HB3806 | 2009-2010 | 96th General Assembly

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Engrossed on April 3 2009 - 50% progression, died in chamber
Action: 2010-11-30 - Senate Floor Amendment No. 2 Recommend Do Adopt Public Health; 006-002-000
Text: Latest bill text (Engrossed) [HTML]

Summary

Amends the Code of Civil Procedure by adding an Article that may be cited as the Mortgage Foreclosure Prevention Law of 2009. Provides that an eligible borrower has a right to defer a judicial sale for a specified period by providing an affidavit to the foreclosing lender. When the deferment period ends or the deferment is lost, a lender may schedule a sale by publishing a specified newspaper notice and serving a copy on those on the premises, 4 weeks before the sale. Provides a formula to set the borrower's monthly payment. Provides that a borrower loses the right to deferment if he or she ceases to reside on the premises. Provides for mortgage foreclosure counselors. Provides that a foreclosing lender and a borrower must negotiate in good faith. Provides that a borrower may dispute a deferment cancellation through arbitration. Provides that lenders shall send to borrowers a mandated notice about deferment. Provides that a lender who acts in bad faith or recklessly in violation of these provisions is liable to a person injured for actual damages, statutory damages up to $25,000, punitive damages, costs, and attorney's fees. Makes other changes. Effective 7 days after becoming law.

Tracking Information

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Title

CIV PRO-FORECLOSURE PREVENTION

Sponsors


Roll Calls

2009-04-03 - House - Third Reading in House (Y: 113 N: 0 NV: 3 Abs: 0) [PASS]

History

DateChamberAction
2010-11-30 Senate Floor Amendment No. 2 Recommend Do Adopt Public Health; 006-002-000
2010-11-30 Senate Floor Amendment No. 2 Added as Chief Co-Sponsor-Koehler
2010-11-30 Alternate Chief Sponsor Changed to Sen. David Koehler
2010-11-30 Rule 2-10 Committee/3rd Reading Deadline Established As January 11, 2011
2010-11-29 Senate Floor Amendment No. 2 Assignments Refers to Public Health
2010-11-29 Senate Floor Amendment No. 2 Referred to Assignments
2010-11-29 Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
2010-11-29 Placed on Calendar Order of 3rd Reading November 30, 2010
2010-11-29 Approved for Consideration Assignments
2010-06-27 Pursuant to Senate Rule 3-9(b) / Referred to Assignments
2010-04-30 Placed on Calendar Order of 3rd Reading May 3, 2010
2010-04-30 Second Reading
2010-04-28 Placed on Calendar Order of 2nd Reading April 29, 2010
2010-04-28 Do Pass as Amended Executive; 008-001-004
2010-04-28 Senate Committee Amendment No. 1 Adopted
2010-04-28 Senate Committee Amendment No. 1 Assignments Refers to Executive
2010-04-28 Senate Committee Amendment No. 1 Referred to Assignments
2010-04-28 Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
2010-04-23 Rule 2-10 Committee Deadline Established As May 7, 2010
2010-04-22 Alternate Chief Sponsor Changed to Sen. John J. Cullerton
2010-04-22 Re-assigned to Executive
2009-05-08 Rule 3-9(a) / Re-referred to Assignments
2009-05-07 Held in Financial Institutions
2009-04-30 Held in Financial Institutions
2009-04-22 Assigned to Financial Institutions
2009-04-15 Referred to Assignments
2009-04-15 Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
2009-04-15 First Reading
2009-04-15 Chief Senate Sponsor Sen. Jacqueline Y. Collins
2009-04-15 Placed on Calendar Order of First Reading
2009-04-15 Arrive in Senate
2009-04-03 Third Reading - Short Debate - Passed 113-000-000
2009-03-17 Placed on Calendar Order of 3rd Reading - Short Debate
2009-03-17 Second Reading - Short Debate
2009-03-11 Placed on Calendar 2nd Reading - Short Debate
2009-03-11 Do Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000
2009-03-03 Assigned to Judiciary I - Civil Law Committee
2009-02-25 Referred to Rules Committee
2009-02-25 First Reading
2009-02-25 Filed with the Clerk by Rep. Marlow H. Colvin

Illinois State Sources


Bill Comments

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