Bill Text: IL SB0111 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Code of Civil Procedure. Provides that in addition to giving notice of a judicial sale pursuant to applicable court rules to all parties in the action who have appeared and have not previously been found by the court to be in default, the notice shall also be sent to the mortgagor, even if the mortgagor was found in default, and to the mortgagor's attorney, if any, at their designated addresses or, if none, at the foreclosed property. Effective January 1, 2012.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB0111 Detail]
Download: Illinois-2011-SB0111-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||
5 | changing Section 15-1507 as follows:
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6 | (735 ILCS 5/15-1507) (from Ch. 110, par. 15-1507)
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7 | Sec. 15-1507. Judicial Sale.
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8 | (a) In General. Except as provided in
Sections 15-1402 and | |||||||||||||||||||
9 | 15-1403, upon entry of a judgment of foreclosure, the
real | |||||||||||||||||||
10 | estate which is the subject of the judgment shall be sold at a
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11 | judicial sale in accordance with this Section 15-1507.
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12 | (b) Sale Procedures. Upon expiration of the reinstatement | |||||||||||||||||||
13 | period and
the redemption period in accordance with subsection | |||||||||||||||||||
14 | (b) or (c) of Section
15-1603 or upon the entry of a judgment | |||||||||||||||||||
15 | of foreclosure after the waiver of
all rights of redemption, | |||||||||||||||||||
16 | except as provided in subsection (g) of Section
15-1506, the | |||||||||||||||||||
17 | real estate shall be sold at a sale as provided in this
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18 | Article, on such terms and conditions as shall be specified by | |||||||||||||||||||
19 | the court in
the judgment of foreclosure. A sale may be | |||||||||||||||||||
20 | conducted by any judge or sheriff.
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21 | (c) Notice of Sale. The mortgagee, or such other party | |||||||||||||||||||
22 | designated by the
court, in a foreclosure under this Article | |||||||||||||||||||
23 | shall give public notice of the
sale as follows:
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1 | (1) The notice of sale shall include at least the | ||||||
2 | following information,
but an immaterial error in the | ||||||
3 | information shall not invalidate the legal
effect of the | ||||||
4 | notice:
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5 | (A) the name, address and telephone number of the | ||||||
6 | person to contact for
information regarding the real | ||||||
7 | estate;
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8 | (B) the common address and other common | ||||||
9 | description (other than legal
description), if any, of | ||||||
10 | the real estate;
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11 | (C) a legal description of the real estate | ||||||
12 | sufficient to identify it with
reasonable certainty;
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13 | (D) a description of the improvements on the real | ||||||
14 | estate;
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15 | (E) the times specified in the judgment, if any, | ||||||
16 | when the real estate
may be inspected prior to sale;
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17 | (F) the time and place of the sale;
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18 | (G) the terms of the sale;
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19 | (H) the case title, case number and the court in | ||||||
20 | which
the foreclosure was filed;
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21 | (H-1) in the case of a condominium unit to which | ||||||
22 | subsection (g) of Section 9 of the Condominium Property | ||||||
23 | Act applies, the statement required by subdivision | ||||||
24 | (g)(5) of Section 9 of the Condominium Property Act;
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25 | (H-2) in the case of a unit of a common interest | ||||||
26 | community to which subsection (g-1) of Section 18.5 of |
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1 | the Condominium Property Act applies, the statement | ||||||
2 | required by subdivision (g-1) of Section 18.5 of the | ||||||
3 | Condominium Property Act; and
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4 | (I) such other information ordered by the Court.
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5 | (2) The notice of sale shall be published at least 3 | ||||||
6 | consecutive
calendar weeks (Sunday through Saturday), once | ||||||
7 | in each week, the first such
notice to be published not | ||||||
8 | more than 45 days prior to the sale, the last
such notice | ||||||
9 | to be published not less than 7 days prior to the sale, by:
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10 | (i) (A) advertisements in a newspaper circulated to the | ||||||
11 | general public
in the county in which the real estate is | ||||||
12 | located, in the section of that
newspaper where legal | ||||||
13 | notices are commonly placed and (B) separate
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14 | advertisements in the section of such a newspaper, which | ||||||
15 | (except in
counties with a population in excess of | ||||||
16 | 3,000,000) may be the same
newspaper, in which real estate | ||||||
17 | other than real estate being sold as part of
legal | ||||||
18 | proceedings is commonly advertised to the general public; | ||||||
19 | provided,
that the separate advertisements in the real | ||||||
20 | estate section need not
include a legal description and | ||||||
21 | that where both advertisements could be
published in the | ||||||
22 | same newspaper and that newspaper does not have separate
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23 | legal notices and real estate advertisement sections, a | ||||||
24 | single
advertisement with the legal description shall be | ||||||
25 | sufficient; and
(ii) such other publications as may be | ||||||
26 | further ordered by the court.
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1 | (3) The party who gives notice of public sale in | ||||||
2 | accordance with
subsection (c) of Section 15-1507 shall | ||||||
3 | also give notice to all parties in
the action who have | ||||||
4 | appeared and have not theretofore been found by the
court | ||||||
5 | to be in default for failure to plead. With respect to | ||||||
6 | residential real estate, the notice required under | ||||||
7 | subsection (c) of this Section shall be sent to the | ||||||
8 | mortgagor even if the mortgagor has previously been held in | ||||||
9 | default. If the mortgagor filed a pro se appearance, the | ||||||
10 | notice shall be sent to the address indicated on the | ||||||
11 | appearance. If the mortgagor filed an appearance through an | ||||||
12 | attorney, the notice shall be sent both to the attorney at | ||||||
13 | the address indicated on the appearance and to the | ||||||
14 | mortgagor at the common address of the foreclosed property. | ||||||
15 | In all other cases, the notice shall be sent to the | ||||||
16 | mortgagor at the common address of the foreclosed property. | ||||||
17 | Such notice shall be given in
the manner provided in the | ||||||
18 | applicable rules of court for service of papers
other than | ||||||
19 | process and complaint, not more than 45 days nor less
than | ||||||
20 | 7
days prior to the day of sale. After notice is given as | ||||||
21 | required in this
Section a copy thereof shall be filed in | ||||||
22 | the office of the clerk of the
court entering the judgment, | ||||||
23 | together with a certificate of counsel or
other proof that | ||||||
24 | notice has been served in compliance with this Section.
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25 | (4) The party who gives notice of public sale in | ||||||
26 | accordance with
subsection (c) of Section 15-1507 shall |
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1 | again give notice in accordance
with that Section of any | ||||||
2 | adjourned sale; provided, however, that if the
adjourned | ||||||
3 | sale is to occur less than 60 days after the last scheduled | ||||||
4 | sale,
notice of any adjourned sale need not be given | ||||||
5 | pursuant to this
Section. In the event of adjournment, the
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6 | person conducting the sale shall, upon adjournment, | ||||||
7 | announce the date, time
and place upon which the adjourned | ||||||
8 | sale shall be held. Notwithstanding any
language to the | ||||||
9 | contrary, for any adjourned sale that is to be conducted
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10 | more than 60 days after the date on which it was to first | ||||||
11 | be held, the
party giving notice of such sale shall again | ||||||
12 | give notice in accordance with
this Section.
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13 | (5) Notice of the sale may be given prior to the | ||||||
14 | expiration of any
reinstatement period or redemption | ||||||
15 | period.
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16 | (6) No other notice by publication or posting shall be | ||||||
17 | necessary unless
required by order or rule of the court.
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18 | (7) The person named in the notice of sale to be | ||||||
19 | contacted for
information about the real estate may, but | ||||||
20 | shall not be required, to
provide additional information | ||||||
21 | other than that set forth in the notice of sale.
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22 | (d) Election of Property. If the real estate which is the | ||||||
23 | subject of a
judgment of foreclosure is susceptible of | ||||||
24 | division, the court may order it to be sold
as necessary to | ||||||
25 | satisfy the judgment. The court shall determine which real
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26 | estate shall be sold, and the court may determine the order in |
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1 | which
separate tracts may be sold.
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2 | (e) Receipt upon Sale.
Upon and at the sale
of mortgaged | ||||||
3 | real estate, the person conducting the sale shall give to
the | ||||||
4 | purchaser a receipt of sale. The receipt shall describe the | ||||||
5 | real
estate purchased and shall show the amount bid, the amount | ||||||
6 | paid, the
total amount paid to
date and the amount still to be | ||||||
7 | paid therefor. An
additional receipt shall be given at the time | ||||||
8 | of each subsequent
payment.
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9 | (f) Certificate of Sale. Upon
payment in full of the amount | ||||||
10 | bid, the person conducting
the sale shall issue, in duplicate, | ||||||
11 | and give to the purchaser a Certificate
of Sale. The | ||||||
12 | Certificate of Sale shall be in a recordable form, describe
the | ||||||
13 | real estate purchased, indicate the date and place of sale and | ||||||
14 | show the
amount paid therefor. The Certificate of Sale shall | ||||||
15 | further indicate that
it is subject to confirmation by the | ||||||
16 | court. The duplicate certificate may
be recorded in accordance | ||||||
17 | with Section 12-121. The Certificate of Sale
shall be freely | ||||||
18 | assignable by endorsement thereon.
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19 | (g) Interest after Sale. Any bid at sale shall be deemed to | ||||||
20 | include,
without the necessity of a court order, interest at | ||||||
21 | the statutory judgment
rate on any unpaid portion of the sale | ||||||
22 | price from the date of sale to the
date of payment.
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23 | (Source: P.A. 96-1045, eff. 7-14-10.)
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24 | Section 99. Effective date. This Act takes effect January | ||||||
25 | 1, 2012.
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