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

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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: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0407 [SB0647 Detail]

Download: Illinois-2017-SB0647-Chaptered.html

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Public Act 100-0407
SB0647 Enrolled LRB100 07145 HEP 17204 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 15-1504.1 and 15-1507.1 as follows:
(735 ILCS 5/15-1504.1)
Sec. 15-1504.1. Filing fee for Foreclosure Prevention
Program Fund, Foreclosure Prevention Program Graduated Fund,
and Abandoned Residential Property Municipality Relief Fund.
(a) Fee paid by all plaintiffs with respect to residential
real estate. With respect to residential real estate, at the
time of the filing of a foreclosure complaint, the plaintiff
shall pay to the clerk of the court in which the foreclosure
complaint is filed a fee of $50 for deposit into the
Foreclosure Prevention Program Fund, a special fund created in
the State treasury. The clerk shall remit the fee collected
pursuant to this subsection (a) to the State Treasurer to be
expended for the purposes set forth in Section 7.30 of the
Illinois Housing Development Act. All fees paid by plaintiffs
to the clerk of the court as provided in this subsection (a)
shall be disbursed within 60 days after receipt by the clerk of
the court as follows: (i) 98% to the State Treasurer for
deposit into the Foreclosure Prevention Program Fund, and (ii)

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

(ii) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
first tier foreclosure filing category and is
filing the complaint on behalf of a mortgagee that,
together with its affiliates, has filed a
sufficient number of foreclosure complaints so as
to be included in the first tier foreclosure filing
category; or
(iii) the plaintiff is not a depository
institution and is filing the complaint on behalf
of a mortgagee that, together with its affiliates,
has filed a sufficient number of foreclosure
complaints so as to be included in the first tier
foreclosure filing category.
(B) The fee shall be $250 if:
(i) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
second tier foreclosure filing category and is
filing the complaint on its own behalf as the
holder of the indebtedness; or
(ii) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
first or second tier foreclosure filing category

and is filing the complaint on behalf of a
mortgagee that, together with its affiliates, has
filed a sufficient number of foreclosure
complaints so as to be included in the second tier
foreclosure filing category; or
(iii) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
second tier foreclosure filing category and is
filing the complaint on behalf of a mortgagee that,
together with its affiliates, has filed a
sufficient number of foreclosure complaints so as
to be included in the first tier foreclosure filing
category; or
(iv) the plaintiff is not a depository
institution and is filing the complaint on behalf
of a mortgagee that, together with its affiliates,
has filed a sufficient number of foreclosure
complaints so as to be included in the second tier
foreclosure filing category.
(C) The fee shall be $50 if:
(i) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
third tier foreclosure filing category and is
filing the complaint on its own behalf as the

holder of the indebtedness; or
(ii) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
first, second, or third tier foreclosure filing
category and is filing the complaint on behalf of a
mortgagee that, together with its affiliates, has
filed a sufficient number of foreclosure
complaints so as to be included in the third tier
foreclosure filing category; or
(iii) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
third tier foreclosure filing category and is
filing the complaint on behalf of a mortgagee that,
together with its affiliates, has filed a
sufficient number of foreclosure complaints so as
to be included in the first tier foreclosure filing
category; or
(iv) the plaintiff, together with its
affiliates, has filed a sufficient number of
foreclosure complaints so as to be included in the
third tier foreclosure filing category and is
filing the complaint on behalf of a mortgagee that,
together with its affiliates, has filed a
sufficient number of foreclosure complaints so as

to be included in the second tier foreclosure
filing category; or
(v) the plaintiff is not a depository
institution and is filing the complaint on behalf
of a mortgagee that, together with its affiliates,
has filed a sufficient number of foreclosure
complaints so as to be included in the third tier
foreclosure filing category.
(2) The clerk shall remit the fee collected pursuant to
paragraph (1) of this subsection (a-5) to the State
Treasurer to be expended for the purposes set forth in
Sections 7.30 and 7.31 of the Illinois Housing Development
Act and for administrative expenses. All fees paid by
plaintiffs to the clerk of the court as provided in
paragraph (1) shall be disbursed within 60 days after
receipt by the clerk of the court as follows:
(A) 28% to the State Treasurer for deposit into the
Foreclosure Prevention Program Graduated Fund;
(B) 70% to the State Treasurer for deposit into the
Abandoned Residential Property Municipality Relief
Fund; and
(C) 2% to the clerk of the court to be retained by
the clerk for deposit into the Circuit Court Clerk
Operation and Administrative Fund to defray
administrative expenses related to implementation of
this subsection (a-5).

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

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

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

98-20, eff. 6-11-13.)
(735 ILCS 5/15-1507.1)
(Section scheduled to be repealed on March 2, 2017)
Sec. 15-1507.1. Judicial sale fee for Abandoned
Residential Property Municipality Relief Fund.
(a) Upon and at the sale of residential real estate under
Section 15-1507, the purchaser shall pay to the person
conducting the sale pursuant to Section 15-1507 a fee for
deposit into the Abandoned Residential Property Municipality
Relief Fund, a special fund created in the State treasury. The
fee shall be calculated at the rate of $1 for each $1,000 or
fraction thereof of the amount paid by the purchaser to the
person conducting the sale, as reflected in the receipt of sale
issued to the purchaser, provided that in no event shall the
fee exceed $300. No fee shall be paid by the mortgagee
acquiring the residential real estate pursuant to its credit
bid at the sale or by any mortgagee, judgment creditor, or
other lienor acquiring the residential real estate whose rights
in and to the residential real estate arose prior to the sale.
Upon confirmation of the sale under Section 15-1508, the person
conducting the sale shall remit the fee to the clerk of the
court in which the foreclosure case is pending. The clerk shall
remit the fee to the State Treasurer as provided in this
Section, to be expended for the purposes set forth in Section
7.31 of the Illinois Housing Development Act.

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