Bill Text: IL SB1045 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Condominium Advisory Council Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-12-26 - Public Act . . . . . . . . . 98-0605 [SB1045 Detail]
Download: Illinois-2013-SB1045-Amended.html
Bill Title: Amends the Condominium Advisory Council Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2013-12-26 - Public Act . . . . . . . . . 98-0605 [SB1045 Detail]
Download: Illinois-2013-SB1045-Amended.html
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1 | AMENDMENT TO SENATE BILL 1045
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2 | AMENDMENT NO. ______. Amend Senate Bill 1045 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 Section 15-1508 as follows:
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6 | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | ||||||
7 | Sec. 15-1508. Report of Sale and Confirmation of Sale. | ||||||
8 | (a) Report. The person conducting the sale shall promptly | ||||||
9 | make a report to
the court, which report shall include a copy | ||||||
10 | of all receipts and, if any,
certificate of sale. | ||||||
11 | (b) Hearing. Upon motion and notice in accordance with | ||||||
12 | court rules
applicable to motions generally, which motion shall | ||||||
13 | not be made prior to
sale, the court shall conduct a hearing to
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14 | confirm the sale. Unless the court finds that (i) a notice | ||||||
15 | required in
accordance with subsection (c) of Section 15-1507 | ||||||
16 | was not given, (ii) the
terms of sale were unconscionable, |
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1 | (iii) the sale was conducted
fraudulently, or (iv) justice was | ||||||
2 | otherwise not done, the court shall
then enter an order | ||||||
3 | confirming the sale. The confirmation order shall include a | ||||||
4 | name, address, and telephone number of the holder of the | ||||||
5 | certificate of sale or deed issued pursuant to that certificate | ||||||
6 | or, if no certificate or deed was issued, the purchaser, whom a | ||||||
7 | municipality or county may contact with concerns about the real | ||||||
8 | estate. The confirmation order may
also: | ||||||
9 | (1) approve the mortgagee's fees and costs arising | ||||||
10 | between the entry of
the judgment of foreclosure and the | ||||||
11 | confirmation hearing, those costs and
fees to be allowable | ||||||
12 | to the same extent as provided in the note and mortgage
and | ||||||
13 | in Section 15-1504; | ||||||
14 | (2) provide for a personal judgment against any party | ||||||
15 | for a deficiency;
and | ||||||
16 | (3) determine the priority of the judgments of parties | ||||||
17 | who deferred proving
the priority pursuant to subsection | ||||||
18 | (h) of Section 15-1506, but
the court shall not
defer | ||||||
19 | confirming the sale pending the determination of such | ||||||
20 | priority. | ||||||
21 | (b-3) Hearing to confirm sale of abandoned residential | ||||||
22 | property. Upon motion and notice by first-class mail to the | ||||||
23 | last known address of the mortgagor, which motion shall be made | ||||||
24 | prior to the sale and heard by the court at the earliest | ||||||
25 | practicable time after conclusion of the sale, and upon the | ||||||
26 | posting at the property address of the notice required by |
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1 | paragraph (2) of subsection (l) of Section 15-1505.8, the court | ||||||
2 | shall enter an order confirming the sale of the abandoned | ||||||
3 | residential property, unless the court finds that a reason set | ||||||
4 | forth in items (i) through (iv) of subsection (b) of this | ||||||
5 | Section exists for not approving the sale, or an order is | ||||||
6 | entered pursuant to subsection (h) of Section 15-1505.8. The | ||||||
7 | confirmation order also may address the matters identified in | ||||||
8 | items (1) through (3) of subsection (b) of this Section. The | ||||||
9 | notice required under subsection (b-5) of this Section shall | ||||||
10 | not be required. | ||||||
11 | (b-5) Notice with respect to residential real estate. With | ||||||
12 | respect to residential real estate, the notice required under | ||||||
13 | subsection (b) of this Section shall be sent to the mortgagor | ||||||
14 | even if the mortgagor has previously been held in default. In | ||||||
15 | the event the mortgagor has filed an appearance, the notice | ||||||
16 | shall be sent to the address indicated on the appearance. In | ||||||
17 | all other cases, the notice shall be sent to the mortgagor at | ||||||
18 | the common address of the foreclosed property. The notice shall | ||||||
19 | be sent by first class mail. Unless the right to possession has | ||||||
20 | been previously terminated by the court, the notice shall | ||||||
21 | include the following language in 12-point boldface | ||||||
22 | capitalized type: | ||||||
23 | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | ||||||
24 | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | ||||||
25 | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | ||||||
26 | ILLINOIS MORTGAGE FORECLOSURE LAW. |
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1 | (b-10) Notice of confirmation order sent to municipality or | ||||||
2 | county. A copy of the confirmation order required under | ||||||
3 | subsection (b) shall be sent to the municipality in which the | ||||||
4 | foreclosed property is located, or to the county within the | ||||||
5 | boundary of which the foreclosed property is located if the | ||||||
6 | foreclosed property is located in an unincorporated territory. | ||||||
7 | A municipality or county must clearly publish on its website a | ||||||
8 | single address to which a copy of the order shall be sent. If a | ||||||
9 | municipality or county does not maintain a website, then the | ||||||
10 | municipality or county must publicly post in its main office a | ||||||
11 | single address to which a copy of the order shall be sent. In | ||||||
12 | the event that a municipality or county has not complied with | ||||||
13 | the publication requirement in this subsection (b-10), then a | ||||||
14 | copy of the order shall be sent by first class mail, postage | ||||||
15 | prepaid, to the chairperson of the county board or county clerk | ||||||
16 | in the case of a county, to the mayor or city clerk in the case | ||||||
17 | of a city, to the president of the board of trustees or village | ||||||
18 | clerk in the case of a village, or to the president or town | ||||||
19 | clerk in the case of a town. | ||||||
20 | (b-15) Notice of confirmation order sent to known insurers. | ||||||
21 | With respect to residential real estate, the party filing the | ||||||
22 | complaint shall send a copy of the confirmation order required | ||||||
23 | under subsection (b) by first class mail, postage prepaid, to | ||||||
24 | the last known property insurer of the foreclosed property. | ||||||
25 | Failure to send or receive a copy of the order shall not impair | ||||||
26 | or abrogate in any way the rights of the mortgagee or purchaser |
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1 | or affect the status of the foreclosure proceedings. | ||||||
2 | (c) Failure to Give Notice. If any sale is held without | ||||||
3 | compliance with
subsection (c) of Section 15-1507 of this | ||||||
4 | Article, any party entitled to
the notice provided for in | ||||||
5 | paragraph (3) of that subsection
(c) who was not so notified | ||||||
6 | may, by motion supported by affidavit
made prior to | ||||||
7 | confirmation of such sale, ask the court which entered the
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8 | judgment to set aside the sale. Any such party shall guarantee | ||||||
9 | or secure by bond a bid equal to the successful bid at the | ||||||
10 | prior sale, unless the party seeking to set aside the sale is | ||||||
11 | the mortgagor, the real estate sold at the sale is residential | ||||||
12 | real estate, and the mortgagor occupies the residential real | ||||||
13 | estate at the time the motion is filed. In that event, no | ||||||
14 | guarantee or bond shall be required of the mortgagor. Any
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15 | subsequent sale is subject to the same notice requirement as | ||||||
16 | the original sale. | ||||||
17 | (d) Validity of Sale. Except as provided in subsection (c) | ||||||
18 | of Section
15-1508, no sale under this Article shall be held | ||||||
19 | invalid or be set aside
because of any defect in the notice | ||||||
20 | thereof or in the publication of the
same, or in the | ||||||
21 | proceedings of the officer conducting the sale, except upon
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22 | good cause shown in a hearing pursuant to subsection (b) of | ||||||
23 | Section
15-1508. At any time after a sale has occurred, any | ||||||
24 | party entitled to
notice under paragraph (3) of subsection (c) | ||||||
25 | of Section 15-1507 may recover
from the mortgagee any damages | ||||||
26 | caused by the mortgagee's failure to comply
with such paragraph |
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1 | (3). Any party who recovers damages in a judicial
proceeding | ||||||
2 | brought under this subsection may also recover from the
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3 | mortgagee the reasonable expenses of litigation, including | ||||||
4 | reasonable attorney's fees. | ||||||
5 | (d-5) Making Home Affordable Program. The court that | ||||||
6 | entered the judgment shall set aside a sale held pursuant to | ||||||
7 | Section 15-1507, upon motion of the mortgagor at any time prior | ||||||
8 | to the confirmation of the sale, if the mortgagor proves by a | ||||||
9 | preponderance of the evidence that (i) the mortgagor has | ||||||
10 | applied for assistance under the Making Home Affordable Program | ||||||
11 | established by the United States Department of the Treasury | ||||||
12 | pursuant to the Emergency Economic Stabilization Act of 2008, | ||||||
13 | as amended by the American Recovery and Reinvestment Act of | ||||||
14 | 2009, and (ii) the mortgaged real estate was sold in material | ||||||
15 | violation of the program's requirements for proceeding to a | ||||||
16 | judicial sale. The provisions of this subsection (d-5), except | ||||||
17 | for this sentence, shall become inoperative on January 1, 2016 | ||||||
18 | 2014 for all actions filed under this Article after December | ||||||
19 | 31, 2015 2013 , in which the mortgagor did not apply for | ||||||
20 | assistance under the Making Home Affordable Program on or | ||||||
21 | before December 31, 2015 2013 . | ||||||
22 | (e) Deficiency Judgment. In any order confirming a sale | ||||||
23 | pursuant to the
judgment of foreclosure, the court shall also | ||||||
24 | enter a personal judgment
for deficiency against any party (i) | ||||||
25 | if otherwise authorized and (ii) to
the extent requested in the | ||||||
26 | complaint and proven upon presentation of the
report of sale in |
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1 | accordance with Section 15-1508. Except as otherwise provided
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2 | in this Article, a judgment may be entered for any balance of | ||||||
3 | money that
may be found due to the plaintiff, over and above | ||||||
4 | the proceeds of the sale
or sales, and enforcement may be had | ||||||
5 | for the collection of such balance,
the same as when the | ||||||
6 | judgment is solely for the payment of money. Such
judgment may | ||||||
7 | be entered, or enforcement had,
only in cases where personal | ||||||
8 | service has been had upon the
persons personally liable for the | ||||||
9 | mortgage indebtedness, unless they have
entered their | ||||||
10 | appearance in the foreclosure action. | ||||||
11 | (f) Satisfaction. Upon confirmation of the sale, the
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12 | judgment stands satisfied to the extent of the sale price less | ||||||
13 | expenses and
costs. If the order confirming the sale includes a | ||||||
14 | deficiency judgment, the
judgment shall become a lien in the | ||||||
15 | manner of any other
judgment for the payment of money. | ||||||
16 | (g) The order confirming the sale shall include, | ||||||
17 | notwithstanding any
previous orders awarding possession during | ||||||
18 | the pendency of the foreclosure, an
award to the purchaser of | ||||||
19 | possession of the mortgaged real estate, as of the
date 30 days | ||||||
20 | after the entry of the order, against the
parties to the | ||||||
21 | foreclosure whose interests have been terminated. | ||||||
22 | An order of possession authorizing the removal of a person | ||||||
23 | from possession
of the mortgaged real estate shall be entered | ||||||
24 | and enforced only against those
persons personally
named as | ||||||
25 | individuals in the complaint or the petition under subsection | ||||||
26 | (h)
of Section 15-1701. No order of possession issued under |
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1 | this Section shall be entered against a lessee with a bona fide | ||||||
2 | lease of a dwelling unit in residential real estate in | ||||||
3 | foreclosure, whether or not the lessee has been made a party in | ||||||
4 | the foreclosure. An order shall
not be entered and enforced | ||||||
5 | against any person who is only generically
described as an
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6 | unknown owner or nonrecord claimant or by another generic | ||||||
7 | designation in the
complaint. | ||||||
8 | Notwithstanding the preceding paragraph, the failure to | ||||||
9 | personally
name,
include, or seek an award of
possession of the | ||||||
10 | mortgaged real estate against a person in the
confirmation | ||||||
11 | order shall not abrogate any right that the purchaser may have | ||||||
12 | to
possession of the mortgaged real estate and to maintain a | ||||||
13 | proceeding against
that person for
possession under Article IX | ||||||
14 | of this Code or, if applicable, under subsection (h) of Section | ||||||
15 | 15-1701;
and possession against a person
who (1) has not been | ||||||
16 | personally named as a party to the
foreclosure and (2) has not | ||||||
17 | been provided an opportunity to be heard in the
foreclosure | ||||||
18 | proceeding may be sought only by maintaining a
proceeding under | ||||||
19 | Article IX of this
Code or, if applicable, under subsection (h) | ||||||
20 | of Section 15-1701. | ||||||
21 | (h) With respect to mortgaged real estate containing 5 or | ||||||
22 | more dwelling units, the order confirming the sale shall also | ||||||
23 | provide that (i) the mortgagor shall transfer to the purchaser | ||||||
24 | the security deposits, if any, that the mortgagor received to | ||||||
25 | secure payment of rent or to compensate for damage to the | ||||||
26 | mortgaged real estate from any current occupant of a dwelling |
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1 | unit of the mortgaged real estate, as well as any statutory | ||||||
2 | interest that has not been paid to the occupant, and (ii) the | ||||||
3 | mortgagor shall provide an accounting of the security deposits | ||||||
4 | that are transferred, including the name and address of each | ||||||
5 | occupant for whom the mortgagor holds the deposit and the | ||||||
6 | amount of the deposit and any statutory interest. | ||||||
7 | (Source: P.A. 97-333, eff. 8-12-11; 97-575, eff. 8-26-11; | ||||||
8 | 97-1159, eff. 1-29-13; 97-1164, eff. 6-1-13; 98-514, eff. | ||||||
9 | 11-19-13.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
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