Bill Text: IL SB0647 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that provisions concerning an additional fee paid by residential foreclosure plaintiffs are operative until January 1, 2020 (instead of January 1, 2018). Provides that provisions concerning an additional fee paid by purchasers at a judicial sale are operative and become inoperative on January 1, 2020 (instead of January 1, 2017). Repeals the Section on March 2, 2020 (instead of March 2, 2017). Provides that specified actions taken before the effective date of the amendatory Act are ratified, validated, and confirmed. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 23-2)

Status: (Enrolled) 2017-06-28 - Sent to the Governor [SB0647 Detail]

Download: Illinois-2017-SB0647-Enrolled.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Sections 15-1504.1 and 15-1507.1 as follows:
6 (735 ILCS 5/15-1504.1)
7 Sec. 15-1504.1. Filing fee for Foreclosure Prevention
8Program Fund, Foreclosure Prevention Program Graduated Fund,
9and Abandoned Residential Property Municipality Relief Fund.
10 (a) Fee paid by all plaintiffs with respect to residential
11real estate. With respect to residential real estate, at the
12time of the filing of a foreclosure complaint, the plaintiff
13shall pay to the clerk of the court in which the foreclosure
14complaint is filed a fee of $50 for deposit into the
15Foreclosure Prevention Program Fund, a special fund created in
16the State treasury. The clerk shall remit the fee collected
17pursuant to this subsection (a) to the State Treasurer to be
18expended for the purposes set forth in Section 7.30 of the
19Illinois Housing Development Act. All fees paid by plaintiffs
20to the clerk of the court as provided in this subsection (a)
21shall be disbursed within 60 days after receipt by the clerk of
22the court as follows: (i) 98% to the State Treasurer for
23deposit into the Foreclosure Prevention Program Fund, and (ii)

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12% to the clerk of the court to be retained by the clerk for
2deposit into the Circuit Court Clerk Operation and
3Administrative Fund to defray administrative expenses related
4to implementation of this subsection (a). Notwithstanding any
5other law to the contrary, the Foreclosure Prevention Program
6Fund is not subject to sweeps, administrative charge-backs, or
7any other fiscal maneuver that would in any way transfer any
8amounts from the Foreclosure Prevention Program Fund into any
9other fund of the State.
10 (a-5) Additional fee paid by plaintiffs with respect to
11residential real estate.
12 (1) Until January 1, 2020 2018, with respect to
13 residential real estate, at the time of the filing of a
14 foreclosure complaint and in addition to the fee set forth
15 in subsection (a) of this Section, the plaintiff shall pay
16 to the clerk of the court in which the foreclosure
17 complaint is filed a fee for the Foreclosure Prevention
18 Program Graduated Fund and the Abandoned Residential
19 Property Municipality Relief Fund as follows:
20 (A) The fee shall be $500 if:
21 (i) the plaintiff, together with its
22 affiliates, has filed a sufficient number of
23 foreclosure complaints so as to be included in the
24 first tier foreclosure filing category and is
25 filing the complaint on its own behalf as the
26 holder of the indebtedness; or

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1 (ii) the plaintiff, together with its
2 affiliates, has filed a sufficient number of
3 foreclosure complaints so as to be included in the
4 first tier foreclosure filing category and is
5 filing the complaint on behalf of a mortgagee that,
6 together with its affiliates, has filed a
7 sufficient number of foreclosure complaints so as
8 to be included in the first tier foreclosure filing
9 category; or
10 (iii) the plaintiff is not a depository
11 institution and is filing the complaint on behalf
12 of a mortgagee that, together with its affiliates,
13 has filed a sufficient number of foreclosure
14 complaints so as to be included in the first tier
15 foreclosure filing category.
16 (B) The fee shall be $250 if:
17 (i) the plaintiff, together with its
18 affiliates, has filed a sufficient number of
19 foreclosure complaints so as to be included in the
20 second tier foreclosure filing category and is
21 filing the complaint on its own behalf as the
22 holder of the indebtedness; or
23 (ii) the plaintiff, together with its
24 affiliates, has filed a sufficient number of
25 foreclosure complaints so as to be included in the
26 first or second tier foreclosure filing category

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1 and is filing the complaint on behalf of a
2 mortgagee that, together with its affiliates, has
3 filed a sufficient number of foreclosure
4 complaints so as to be included in the second tier
5 foreclosure filing category; or
6 (iii) the plaintiff, together with its
7 affiliates, has filed a sufficient number of
8 foreclosure complaints so as to be included in the
9 second tier foreclosure filing category and is
10 filing the complaint on behalf of a mortgagee that,
11 together with its affiliates, has filed a
12 sufficient number of foreclosure complaints so as
13 to be included in the first tier foreclosure filing
14 category; or
15 (iv) the plaintiff is not a depository
16 institution and is filing the complaint on behalf
17 of a mortgagee that, together with its affiliates,
18 has filed a sufficient number of foreclosure
19 complaints so as to be included in the second tier
20 foreclosure filing category.
21 (C) The fee shall be $50 if:
22 (i) the plaintiff, together with its
23 affiliates, has filed a sufficient number of
24 foreclosure complaints so as to be included in the
25 third tier foreclosure filing category and is
26 filing the complaint on its own behalf as the

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1 holder of the indebtedness; or
2 (ii) the plaintiff, together with its
3 affiliates, has filed a sufficient number of
4 foreclosure complaints so as to be included in the
5 first, second, or third tier foreclosure filing
6 category and is filing the complaint on behalf of a
7 mortgagee that, together with its affiliates, has
8 filed a sufficient number of foreclosure
9 complaints so as to be included in the third tier
10 foreclosure filing category; or
11 (iii) 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 first tier foreclosure filing
19 category; or
20 (iv) the plaintiff, together with its
21 affiliates, has filed a sufficient number of
22 foreclosure complaints so as to be included in the
23 third 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 second tier foreclosure
2 filing category; or
3 (v) 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 third tier
8 foreclosure filing category.
9 (2) The clerk shall remit the fee collected pursuant to
10 paragraph (1) of this subsection (a-5) to the State
11 Treasurer to be expended for the purposes set forth in
12 Sections 7.30 and 7.31 of the Illinois Housing Development
13 Act and for administrative expenses. All fees paid by
14 plaintiffs to the clerk of the court as provided in
15 paragraph (1) shall be disbursed within 60 days after
16 receipt by the clerk of the court as follows:
17 (A) 28% to the State Treasurer for deposit into the
18 Foreclosure Prevention Program Graduated Fund;
19 (B) 70% to the State Treasurer for deposit into the
20 Abandoned Residential Property Municipality Relief
21 Fund; and
22 (C) 2% to the clerk of the court to be retained by
23 the clerk for deposit into the Circuit Court Clerk
24 Operation and Administrative Fund to defray
25 administrative expenses related to implementation of
26 this subsection (a-5).

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1 (3) Until January 1, 2020 2018, with respect to
2 residential real estate, at the time of the filing of a
3 foreclosure complaint, the plaintiff or plaintiff's
4 representative shall file a verified statement that states
5 which additional fee is due under paragraph (1) of this
6 subsection (a-5), unless the court has established another
7 process for a plaintiff or plaintiff's representative to
8 certify which additional fee is due under paragraph (1) of
9 this subsection (a-5).
10 (4) If a plaintiff fails to provide the clerk of the
11 court with a true and correct statement of the additional
12 fee due under paragraph (1) of this subsection (a-5), and
13 the mortgagor reimburses the plaintiff for any erroneous
14 additional fee that was paid by the plaintiff to the clerk
15 of the court, the mortgagor may seek a refund of any
16 overpayment of the fee in an amount that shall not exceed
17 the difference between the higher additional fee paid under
18 paragraph (1) of this subsection (a-5) and the actual fee
19 due thereunder. The mortgagor must petition the judge
20 within the foreclosure action for the award of any fee
21 overpayment pursuant to this paragraph (4) of this
22 subsection (a-5), and the award shall be determined by the
23 judge and paid by the clerk of the court out of the fund
24 account into which the clerk of the court deposits fees to
25 be remitted to the State Treasurer under paragraph (2) of
26 this subsection (a-5), the timing of which refund payment

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1 shall be determined by the clerk of the court based upon
2 the availability of funds in the subject fund account. This
3 refund shall be the mortgagor's sole remedy and a mortgagor
4 shall have no private right of action against the plaintiff
5 or plaintiff's representatives if the additional fee paid
6 by the plaintiff was erroneous.
7 (5) This subsection (a-5) is inoperative on and after
8 January 1, 2020 2018.
9 (b) Not later than March 1 of each year, the clerk of the
10court shall submit to the Illinois Housing Development
11Authority a report of the funds collected and remitted pursuant
12to this Section during the preceding year.
13 (c) As used in this Section:
14 "Affiliate" means any company that controls, is controlled
15by, or is under common control with another company.
16 "Approved counseling agency" and "approved housing
17counseling" have the meanings ascribed to those terms in
18Section 7.30 of the Illinois Housing Development Act.
19 "Depository institution" means a bank, savings bank,
20savings and loan association, or credit union chartered,
21organized, or holding a certificate of authority to do business
22under the laws of this State, another state, or the United
23States.
24 "First tier foreclosure filing category" is a
25classification that only applies to a plaintiff that has filed
26175 or more foreclosure complaints on residential real estate

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1located in Illinois during the calendar year immediately
2preceding the date of the filing of the subject foreclosure
3complaint.
4 "Second tier foreclosure filing category" is a
5classification that only applies to a plaintiff that has filed
6at least 50, but no more than 174, foreclosure complaints on
7residential real estate located in Illinois during the calendar
8year immediately preceding the date of the filing of the
9subject foreclosure complaint.
10 "Third tier foreclosure filing category" is a
11classification that only applies to a plaintiff that has filed
12no more than 49 foreclosure complaints on residential real
13estate located in Illinois during the calendar year immediately
14preceding the date of the filing of the subject foreclosure
15complaint.
16 (d) In no instance shall the fee set forth in subsection
17(a-5) be assessed for any foreclosure complaint filed before
18the effective date of this amendatory Act of the 97th General
19Assembly.
20 (e) Notwithstanding any other law to the contrary, the
21Abandoned Residential Property Municipality Relief Fund is not
22subject to sweeps, administrative charge-backs, or any other
23fiscal maneuver that would in any way transfer any amounts from
24the Abandoned Residential Property Municipality Relief Fund
25into any other fund of the State.
26(Source: P.A. 97-333, eff. 8-12-11; 97-1164, eff. 6-1-13;

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198-20, eff. 6-11-13.)
2 (735 ILCS 5/15-1507.1)
3 (Section scheduled to be repealed on March 2, 2017)
4 Sec. 15-1507.1. Judicial sale fee for Abandoned
5Residential Property Municipality Relief Fund.
6 (a) Upon and at the sale of residential real estate under
7Section 15-1507, the purchaser shall pay to the person
8conducting the sale pursuant to Section 15-1507 a fee for
9deposit into the Abandoned Residential Property Municipality
10Relief Fund, a special fund created in the State treasury. The
11fee shall be calculated at the rate of $1 for each $1,000 or
12fraction thereof of the amount paid by the purchaser to the
13person conducting the sale, as reflected in the receipt of sale
14issued to the purchaser, provided that in no event shall the
15fee exceed $300. No fee shall be paid by the mortgagee
16acquiring the residential real estate pursuant to its credit
17bid at the sale or by any mortgagee, judgment creditor, or
18other lienor acquiring the residential real estate whose rights
19in and to the residential real estate arose prior to the sale.
20Upon confirmation of the sale under Section 15-1508, the person
21conducting the sale shall remit the fee to the clerk of the
22court in which the foreclosure case is pending. The clerk shall
23remit the fee to the State Treasurer as provided in this
24Section, to be expended for the purposes set forth in Section
257.31 of the Illinois Housing Development Act.

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1 (b) All fees paid by purchasers as provided in this Section
2shall be disbursed within 60 days after receipt by the clerk of
3the court as follows: (i) 98% to the State Treasurer for
4deposit into the Abandoned Residential Property Municipality
5Relief Fund, and (ii) 2% to the clerk of the court to be
6retained by the clerk for deposit into the Circuit Court Clerk
7Operation and Administrative Fund to defray administrative
8expenses related to implementation of this Section.
9 (c) Not later than March 1 of each year, the clerk of the
10court shall submit to the Illinois Housing Development
11Authority a report of the funds collected and remitted during
12the preceding year pursuant to this Section.
13 (d) Subsections (a) and (b) of this Section are operative
14and shall become inoperative on January 1, 2020 2017. This
15Section is repealed on March 2, 2020 2017.
16 (e) All actions taken in the collection and remittance of
17fees under this Section before the effective date of this
18amendatory Act of the 100th General Assembly are ratified,
19validated, and confirmed.
20(Source: P.A. 98-20, eff. 6-11-13; 99-493, eff. 12-17-15.)
21 Section 99. Effective date. This Act takes effect upon
22becoming law.
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