Bill Text: IL SB1853 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Cemetery Oversight Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 53-2)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1853 Detail]
Download: Illinois-2011-SB1853-Amended.html
Bill Title: Amends the Cemetery Oversight Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 53-2)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1853 Detail]
Download: Illinois-2011-SB1853-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1853
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1853, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Illinois Housing Development Act is amended | ||||||
6 | by changing Sections 7.30 and 7.31 as follows:
| ||||||
7 | (20 ILCS 3805/7.30) | ||||||
8 | Sec. 7.30. Foreclosure Prevention Program. | ||||||
9 | (a) The Authority shall establish and administer a | ||||||
10 | Foreclosure Prevention Program. The Authority shall use moneys | ||||||
11 | in the Foreclosure Prevention Program Fund, and any other funds | ||||||
12 | appropriated for this purpose, to make grants to (i) approved | ||||||
13 | counseling agencies for approved housing counseling and (ii) | ||||||
14 | approved community-based organizations for approved | ||||||
15 | foreclosure prevention outreach programs. The Authority shall | ||||||
16 | promulgate rules to implement this Program and may adopt |
| |||||||
| |||||||
1 | emergency rules as soon as practicable to begin implementation | ||||||
2 | of the Program. | ||||||
3 | (b) Subject to
appropriation, and except as specified in | ||||||
4 | Section 15-1504.1 of the Code of Civil Procedure, the Authority | ||||||
5 | shall make grants from the Foreclosure Prevention Program Fund | ||||||
6 | as follows: | ||||||
7 | (1) 25% of the moneys in the Fund shall be used to make | ||||||
8 | grants to approved counseling agencies that provide | ||||||
9 | services in Illinois outside of the City of Chicago. Grants | ||||||
10 | shall be based upon the number of foreclosures filed in an | ||||||
11 | approved counseling agency's service area, the capacity of | ||||||
12 | the agency to provide foreclosure counseling services, and | ||||||
13 | any other factors that the Authority deems appropriate. | ||||||
14 | (2) 25% of the moneys in the Fund shall be distributed | ||||||
15 | to the City of Chicago to make grants to approved | ||||||
16 | counseling agencies located within the City of Chicago for | ||||||
17 | approved housing counseling or to support foreclosure | ||||||
18 | prevention counseling programs administered by the City of | ||||||
19 | Chicago. | ||||||
20 | (3) 25% of the moneys in the Fund shall be used to make | ||||||
21 | grants to approved community-based organizations located | ||||||
22 | outside of the City of Chicago for approved foreclosure | ||||||
23 | prevention outreach programs. | ||||||
24 | (4) 25% of the moneys in the Fund shall be used to make | ||||||
25 | grants to approved community-based organizations located | ||||||
26 | within the City of Chicago for approved foreclosure |
| |||||||
| |||||||
1 | prevention outreach programs , with priority given to | ||||||
2 | programs that provide door-to-door outreach . | ||||||
3 | As used in this Section: | ||||||
4 | "Approved community-based organization" means a | ||||||
5 | not-for-profit entity that provides educational and financial | ||||||
6 | information to residents of a community through in-person | ||||||
7 | contact. "Approved community-based organization" does not | ||||||
8 | include a not-for-profit corporation or other entity or person | ||||||
9 | that provides legal representation or advice in a civil | ||||||
10 | proceeding or court-sponsored mediation services, or a | ||||||
11 | governmental agency. | ||||||
12 | "Approved foreclosure prevention outreach program" means a | ||||||
13 | program developed by an approved community-based organization | ||||||
14 | that includes in-person contact with residents to provide (i) | ||||||
15 | pre-purchase and post-purchase home ownership counseling, (ii) | ||||||
16 | education about the foreclosure process and the options of a | ||||||
17 | mortgagor in a foreclosure proceeding, and (iii) programs | ||||||
18 | developed by an approved community-based organization in | ||||||
19 | conjunction with a State or federally chartered financial | ||||||
20 | institution. | ||||||
21 | "Approved counseling agency" means a housing counseling | ||||||
22 | agency approved by the U.S. Department of Housing and Urban | ||||||
23 | Development. | ||||||
24 | "Approved housing counseling" means in-person counseling | ||||||
25 | provided by a counselor employed by an approved counseling | ||||||
26 | agency to all borrowers, or documented telephone counseling |
| |||||||
| |||||||
1 | where a hardship would be imposed on one or more borrowers. A | ||||||
2 | hardship shall exist in instances in which the borrower is | ||||||
3 | confined to his or her home due to a medical condition, as | ||||||
4 | verified in writing by a physician, or the borrower resides 50 | ||||||
5 | miles or more from the nearest approved counseling agency. In | ||||||
6 | instances of telephone counseling, the borrower must supply all | ||||||
7 | necessary documents to the counselor at least 72 hours prior to | ||||||
8 | the scheduled telephone counseling session. | ||||||
9 | (c) (Blank). As used in this Section, "approved counseling | ||||||
10 | agencies" and "approved housing counseling" have the meanings | ||||||
11 | ascribed to those terms in Section 15-1502.5 of the Code of | ||||||
12 | Civil Procedure.
| ||||||
13 | (Source: P.A. 96-1419, eff. 10-1-10.)
| ||||||
14 | (20 ILCS 3805/7.31) | ||||||
15 | Sec. 7.31. Abandoned Residential Property Municipality | ||||||
16 | Relief Program. | ||||||
17 | (a) The Authority shall establish and administer an | ||||||
18 | Abandoned Residential Property Municipality Relief Program. | ||||||
19 | The Authority shall use moneys in the Abandoned Residential | ||||||
20 | Property Municipality Relief Fund, and any other funds | ||||||
21 | appropriated for this purpose, to make grants to municipalities | ||||||
22 | and to counties to assist with removal costs and securing or | ||||||
23 | enclosing costs incurred by the municipality or county for: | ||||||
24 | cutting of neglected weeds or grass, trimming of trees or | ||||||
25 | bushes, and removal of nuisance bushes or trees; extermination |
| |||||||
| |||||||
1 | of pests or prevention of the ingress of pests; removal of | ||||||
2 | garbage, debris, and graffiti; boarding up, closing off, or | ||||||
3 | locking windows or entrances or otherwise making the interior | ||||||
4 | of a building inaccessible to the general public; surrounding | ||||||
5 | part or all of a vacant property with a fence or wall or | ||||||
6 | otherwise making part or all of the property's underlying | ||||||
7 | parcel inaccessible to the general public; demolition of vacant | ||||||
8 | property; and repair or rehabilitation of vacant property | ||||||
9 | pursuant to Section 11-20-15.1 of the Illinois Municipal Code , | ||||||
10 | as approved by the Authority under the Program. For purposes of | ||||||
11 | this subsection (a), "pests" has the meaning ascribed to that | ||||||
12 | term in subsection (c) of Section 11-20-8 of the Illinois | ||||||
13 | Municipal Code. The Authority shall promulgate rules for the | ||||||
14 | administration, operation, and maintenance of the Program and | ||||||
15 | may adopt emergency rules as soon as practicable to begin | ||||||
16 | implementation of the Program. | ||||||
17 | (b) Subject to
appropriation, the Authority shall make | ||||||
18 | grants from the Abandoned Residential Property Municipality | ||||||
19 | Relief Fund as follows: | ||||||
20 | (1) 75% of the moneys in the Fund shall be used to make | ||||||
21 | grants to distributed to municipalities, other than the | ||||||
22 | City of Chicago, and to counties to assist with removal | ||||||
23 | costs and securing or enclosing costs incurred by the | ||||||
24 | municipality pursuant to Section 11-20-15.1 of the | ||||||
25 | Illinois Municipal Code . | ||||||
26 | (2) 25% of the moneys in the Fund shall be used |
| |||||||
| |||||||
1 | distributed to make grants to the City of Chicago to assist | ||||||
2 | with removal costs and securing or enclosing costs incurred | ||||||
3 | by the municipality pursuant to Section 11-20-15.1 of the | ||||||
4 | Illinois Municipal Code .
| ||||||
5 | (Source: P.A. 96-1419, eff. 10-1-10.)
| ||||||
6 | Section 10. The Criminal Code of 1961 is amended by | ||||||
7 | changing Section 21-3 as follows:
| ||||||
8 | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| ||||||
9 | Sec. 21-3. Criminal trespass to real property.
| ||||||
10 | (a) Except as provided in subsection (a-5), whoever:
| ||||||
11 | (1) knowingly and without lawful authority enters or | ||||||
12 | remains within or on
a building; or
| ||||||
13 | (2) enters upon the land of another, after receiving, | ||||||
14 | prior to such entry,
notice from the owner or occupant that | ||||||
15 | such entry is forbidden; or
| ||||||
16 | (3) remains upon the land of another, after receiving | ||||||
17 | notice from the
owner or occupant to depart;
or
| ||||||
18 | (3.5) presents false documents or falsely represents | ||||||
19 | his or her identity orally to the owner or occupant of a | ||||||
20 | building or land in order to obtain permission from the | ||||||
21 | owner or occupant to enter or remain in the building or on | ||||||
22 | the land; or | ||||||
23 | (4) intentionally removes a notice posted on | ||||||
24 | residential real estate as required by subsection (l) of |
| |||||||
| |||||||
1 | Section 15-1505.8 of Article XV of the Code of Civil | ||||||
2 | Procedure before the date and time set forth in the notice; | ||||||
3 | commits a Class B misdemeanor. | ||||||
4 | For purposes of item (1) of this subsection, this Section | ||||||
5 | shall not apply
to being in a building which is open to the | ||||||
6 | public while the building is open
to the public during its | ||||||
7 | normal hours of operation; nor shall this Section
apply to a | ||||||
8 | person who enters a public building under the reasonable belief | ||||||
9 | that
the building is still open to the public.
| ||||||
10 | (a-5) Except as otherwise provided in this subsection, | ||||||
11 | whoever enters upon
any of
the following areas in or on a motor | ||||||
12 | vehicle (including an off-road vehicle,
motorcycle,
moped, or | ||||||
13 | any other powered two-wheel vehicle) after receiving, prior to | ||||||
14 | that
entry,
notice from the owner or occupant that the entry is | ||||||
15 | forbidden or remains upon
or in the
area after receiving notice | ||||||
16 | from the owner or occupant to depart commits a
Class A
| ||||||
17 | misdemeanor:
| ||||||
18 | (1) A field that is used for growing crops or that is | ||||||
19 | capable of being
used
for
growing crops.
| ||||||
20 | (2) An enclosed area containing livestock.
| ||||||
21 | (3) An orchard.
| ||||||
22 | (4) A barn or other agricultural building containing | ||||||
23 | livestock.
| ||||||
24 | (b) A person has received notice from the owner or occupant | ||||||
25 | within the
meaning of Subsection (a) if he has been notified | ||||||
26 | personally, either orally
or in writing including a valid court |
| |||||||
| |||||||
1 | order as defined by subsection (7)
of Section 112A-3 of the | ||||||
2 | Code of Criminal Procedure of 1963 granting remedy
(2) of | ||||||
3 | subsection (b) of Section 112A-14 of that Code, or if a printed | ||||||
4 | or
written notice forbidding such entry has been conspicuously | ||||||
5 | posted or
exhibited at the main entrance to such land or the | ||||||
6 | forbidden part thereof.
| ||||||
7 | (b-5) Subject to the provisions of subsection (b-10), as an | ||||||
8 | alternative to the posting of real property as set forth in | ||||||
9 | subsection (b), the owner or lessee of any real property may | ||||||
10 | post the property by placing identifying purple marks on trees | ||||||
11 | or posts around the area to be posted. Each purple mark shall | ||||||
12 | be: | ||||||
13 | (1) A vertical line of at least 8 inches in length and | ||||||
14 | the bottom of the mark shall be no less than 3 feet nor | ||||||
15 | more than 5 feet high. Such marks shall be placed no more | ||||||
16 | than 100 feet apart and shall be readily visible to any | ||||||
17 | person approaching the property; or | ||||||
18 | (2) A post capped or otherwise marked on at least its | ||||||
19 | top 2 inches. The bottom of the cap or mark shall be not | ||||||
20 | less than 3 feet but not more than 5 feet 6 inches high. | ||||||
21 | Posts so marked shall be placed not more than 36 feet apart | ||||||
22 | and shall be readily visible to any person approaching the | ||||||
23 | property. Prior to applying a cap or mark which is visible | ||||||
24 | from both sides of a fence shared by different property | ||||||
25 | owners or lessees, all such owners or lessees shall concur | ||||||
26 | in the decision to post their own property. |
| |||||||
| |||||||
1 | Nothing in this subsection (b-5) shall be construed to | ||||||
2 | authorize the owner or lessee of any real property to place any | ||||||
3 | purple marks on any tree or post or to install any post or | ||||||
4 | fence if doing so would violate any applicable law, rule, | ||||||
5 | ordinance, order, covenant, bylaw, declaration, regulation, | ||||||
6 | restriction, contract, or instrument. | ||||||
7 | (b-10) Any owner or lessee who marks his or her real | ||||||
8 | property using the method described in subsection (b-5) must | ||||||
9 | also provide notice as described in subsection (b) of this | ||||||
10 | Section. The public of this State shall be informed of the | ||||||
11 | provisions of subsection (b-5) of this Section by the Illinois | ||||||
12 | Department of Agriculture and the Illinois Department of | ||||||
13 | Natural Resources. These Departments shall conduct an | ||||||
14 | information campaign for the general public concerning the | ||||||
15 | interpretation and implementation of subsection (b-5). The | ||||||
16 | information shall inform the public about the marking | ||||||
17 | requirements and the applicability of subsection (b-5) | ||||||
18 | including information regarding the size requirements of the | ||||||
19 | markings as well as the manner in which the markings shall be | ||||||
20 | displayed. The Departments shall also include information | ||||||
21 | regarding the requirement that, until the date this subsection | ||||||
22 | becomes inoperative, any owner or lessee who chooses to mark | ||||||
23 | his or her property using paint, must also comply with one of | ||||||
24 | the notice requirements listed in subsection (b). The | ||||||
25 | Departments may prepare a brochure or may disseminate the | ||||||
26 | information through agency websites. Non-governmental |
| |||||||
| |||||||
1 | organizations including, but not limited to, the Illinois | ||||||
2 | Forestry Association, Illinois Tree Farm and the Walnut Council | ||||||
3 | may help to disseminate the information regarding the | ||||||
4 | requirements and applicability of subsection (b-5) based on | ||||||
5 | materials provided by the Departments. This subsection (b-10) | ||||||
6 | is inoperative on and after January 1, 2013.
| ||||||
7 | (b-15) Subsections (b-5) and (b-10) do not apply to real | ||||||
8 | property located in a municipality of over 2,000,000 | ||||||
9 | inhabitants. | ||||||
10 | (c) This Section does not apply to any person, whether a | ||||||
11 | migrant worker
or otherwise, living on the land with permission | ||||||
12 | of the owner or of his
agent having apparent authority to hire | ||||||
13 | workers on such land and assign
them living quarters or a place | ||||||
14 | of accommodations for living thereon, nor
to anyone living on | ||||||
15 | such land at the request of, or by occupancy, leasing
or other | ||||||
16 | agreement or arrangement with the owner or his agent, nor to
| ||||||
17 | anyone invited by such migrant worker or other person so living | ||||||
18 | on such
land to visit him at the place he is so living upon the | ||||||
19 | land.
| ||||||
20 | (d) A person shall be exempt from prosecution under this | ||||||
21 | Section if
he beautifies unoccupied and abandoned residential | ||||||
22 | and industrial properties
located within any municipality. For | ||||||
23 | the purpose of this subsection,
"unoccupied and abandoned | ||||||
24 | residential and industrial property" means any
real estate (1) | ||||||
25 | in which the taxes have not been paid for a period of at
least 2 | ||||||
26 | years; and (2) which has been left unoccupied and abandoned for |
| |||||||
| |||||||
1 | a
period of at least one year; and "beautifies" means to | ||||||
2 | landscape, clean up
litter, or to repair dilapidated conditions | ||||||
3 | on or to board up windows
and doors.
| ||||||
4 | (e) No person shall be liable in any civil action for money | ||||||
5 | damages
to the owner of unoccupied and abandoned residential | ||||||
6 | and industrial property
which that person beautifies pursuant | ||||||
7 | to subsection (d) of this Section.
| ||||||
8 | (e-5)(i) A mortgagee or agent of the mortgagee shall be | ||||||
9 | exempt from prosecution for criminal trespass for entering, | ||||||
10 | securing, or maintaining an abandoned residential property. | ||||||
11 | (ii) No mortgagee or agent of the mortgagee shall be liable | ||||||
12 | to the mortgagor or other owner of an abandoned residential | ||||||
13 | property in any civil action for negligence or civil trespass | ||||||
14 | in connection with entering, securing, or maintaining the | ||||||
15 | abandoned residential property. | ||||||
16 | (iii) For the purpose of this subsection (e-5) only, | ||||||
17 | "abandoned residential property" means mortgaged real estate | ||||||
18 | that the mortgagee or agent of the mortgagee determines in good | ||||||
19 | faith meets the definition of abandoned residential property | ||||||
20 | set forth in Section 15-1200.5 of Article XV of the Code of | ||||||
21 | Civil Procedure. | ||||||
22 | (f) This Section does not prohibit a person from entering a | ||||||
23 | building or
upon the land of another for emergency purposes. | ||||||
24 | For purposes of this
subsection (f), "emergency" means a | ||||||
25 | condition or circumstance in which an
individual is or is | ||||||
26 | reasonably believed by the person to be in imminent danger
of |
| |||||||
| |||||||
1 | serious bodily harm or in which property is or is reasonably | ||||||
2 | believed to be
in imminent danger of damage or destruction.
| ||||||
3 | (g) Paragraph (3.5) of subsection (a) does not apply to a | ||||||
4 | peace officer or other official of a unit of government who | ||||||
5 | enters a building or land in the performance of his or her | ||||||
6 | official duties.
| ||||||
7 | (h) A person may be liable in any civil action for money | ||||||
8 | damages to the owner of the land he or she entered upon with a | ||||||
9 | motor vehicle as prohibited under subsection (a-5) of this | ||||||
10 | Section. A person may also be liable to the owner for court | ||||||
11 | costs and reasonable attorney's fees. The measure of damages | ||||||
12 | shall be: (i) the actual damages, but not less than $250, if | ||||||
13 | the vehicle is operated in a nature preserve or registered area | ||||||
14 | as defined in Sections 3.11 and 3.14 of the Illinois Natural | ||||||
15 | Areas Preservation Act; (ii) twice the actual damages if the | ||||||
16 | owner has previously notified the person to cease trespassing; | ||||||
17 | or (iii) in any other case, the actual damages, but not less | ||||||
18 | than $50. If the person operating the vehicle is under the age | ||||||
19 | of 16, the owner of the vehicle and the parent or legal | ||||||
20 | guardian of the minor are jointly and severally liable. For the | ||||||
21 | purposes of this subsection (h): | ||||||
22 | "Land" includes, but is not limited to, land used for | ||||||
23 | crop land, fallow land, orchard, pasture, feed lot, timber | ||||||
24 | land, prairie land, mine spoil nature preserves and | ||||||
25 | registered areas. "Land" does not include driveways or | ||||||
26 | private roadways upon which the owner allows the public to |
| |||||||
| |||||||
1 | drive.
| ||||||
2 | "Owner" means the person who has the right to | ||||||
3 | possession of the land, including the owner, operator or | ||||||
4 | tenant.
| ||||||
5 | "Vehicle" has the same meaning as provided under | ||||||
6 | Section 1-217 of the Illinois Vehicle Code.
| ||||||
7 | (i) This Section does not apply to the following persons | ||||||
8 | while serving process: | ||||||
9 | (1) a person authorized to serve process under Section | ||||||
10 | 2-202 of the Code of Civil Procedure; or | ||||||
11 | (2) a special process server appointed by the circuit | ||||||
12 | court. | ||||||
13 | (Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; | ||||||
14 | revised 9-14-11.)
| ||||||
15 | Section 15. The Code of Civil Procedure is amended by | ||||||
16 | changing Sections 15-1219, 15-1503, 15-1504, 15-1504.1, | ||||||
17 | 15-1507.1, and 15-1508 and by adding Sections 15-1200.5, | ||||||
18 | 15-1200.7, and 15-1505.8 as follows:
| ||||||
19 | (735 ILCS 5/15-1200.5 new) | ||||||
20 | Sec. 15-1200.5. Abandoned residential property. "Abandoned | ||||||
21 | residential property" means residential real estate that: | ||||||
22 | (a) either: | ||||||
23 | (1) is not occupied by any mortgagor or lawful occupant | ||||||
24 | as a principal residence; or |
| |||||||
| |||||||
1 | (2) contains an incomplete structure if the real estate | ||||||
2 | is zoned for residential development, where the structure | ||||||
3 | is empty or otherwise uninhabited and is in need of | ||||||
4 | maintenance, repair, or securing;
and | ||||||
5 | (b) with respect to which either: | ||||||
6 | (1) two or more of the following conditions are shown | ||||||
7 | to exist: | ||||||
8 | (A) construction was initiated on the property and | ||||||
9 | was discontinued prior to completion, leaving a | ||||||
10 | building unsuitable for occupancy, and no construction | ||||||
11 | has taken place for at least 6 months; | ||||||
12 | (B) multiple windows on the property are boarded up | ||||||
13 | or closed off or are smashed through, broken off, or | ||||||
14 | unhinged, or multiple window panes are broken and | ||||||
15 | unrepaired; | ||||||
16 | (C) doors on the property are smashed through, | ||||||
17 | broken off, unhinged, or continuously unlocked; | ||||||
18 | (D) the property has been stripped of copper or | ||||||
19 | other materials, or interior fixtures to the property | ||||||
20 | have been removed; | ||||||
21 | (E) gas, electrical, or water services to the | ||||||
22 | entire property have been terminated; | ||||||
23 | (F) there exist one or more written statements of | ||||||
24 | the mortgagor or the mortgagor's personal | ||||||
25 | representative or assigns, including documents of | ||||||
26 | conveyance, which indicate a clear intent to abandon |
| |||||||
| |||||||
1 | the property; | ||||||
2 | (G) law enforcement officials have received at | ||||||
3 | least one report of trespassing or vandalism or other | ||||||
4 | illegal acts being committed at the property in the | ||||||
5 | last 6 months; | ||||||
6 | (H) the property has been declared unfit for | ||||||
7 | occupancy and ordered to remain vacant and unoccupied | ||||||
8 | under an order issued by a municipal or county | ||||||
9 | authority or a court of competent jurisdiction; | ||||||
10 | (I) the local police, fire, or code enforcement | ||||||
11 | authority has requested the owner or other interested | ||||||
12 | or authorized party to secure or winterize the property | ||||||
13 | due to the local authority declaring the property to be | ||||||
14 | an imminent danger to the health, safety, and welfare | ||||||
15 | of the public; | ||||||
16 | (J) the property is open and unprotected and in | ||||||
17 | reasonable danger of significant damage due to | ||||||
18 | exposure to the elements, vandalism, or freezing; or | ||||||
19 | (K) there exists other evidence indicating a clear | ||||||
20 | intent to abandon the property; or | ||||||
21 | (2) the real estate is zoned for residential | ||||||
22 | development and is a vacant lot that is in need of | ||||||
23 | maintenance, repair, or securing.
| ||||||
24 | (735 ILCS 5/15-1200.7 new) | ||||||
25 | Sec. 15-1200.7. Abandoned residential property; |
| |||||||
| |||||||
1 | exceptions. A property shall not be considered abandoned | ||||||
2 | residential property if: (i) there is an unoccupied building | ||||||
3 | which is undergoing construction, renovation, or | ||||||
4 | rehabilitation that is proceeding diligently to completion, | ||||||
5 | and the building is in substantial compliance with all | ||||||
6 | applicable ordinances, codes, regulations, and laws; (ii) | ||||||
7 | there is a building occupied on a seasonal basis, but otherwise | ||||||
8 | secure; (iii) there is a secure building on which there are | ||||||
9 | bona fide rental or sale signs; (iv) there is a building that | ||||||
10 | is secure, but is the subject of a probate action, action to | ||||||
11 | quiet title, or other ownership dispute; or (v) there is a | ||||||
12 | building that is otherwise secure and in substantial compliance | ||||||
13 | with all applicable ordinances, codes, regulations, and laws.
| ||||||
14 | (735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219)
| ||||||
15 | Sec. 15-1219. Residential Real Estate. "Residential real | ||||||
16 | estate"
means any real estate, except a single tract of | ||||||
17 | agricultural real estate
consisting of more than 40 acres, | ||||||
18 | which is improved with a single family
residence or residential | ||||||
19 | condominium units or a multiple dwelling structure
containing | ||||||
20 | single family dwelling units for six or fewer families living
| ||||||
21 | independently of each other, which residence, or at least one | ||||||
22 | of which
condominium or dwelling units, is occupied as a | ||||||
23 | principal residence either
(i) if a mortgagor is an individual,
| ||||||
24 | by that mortgagor, that mortgagor's spouse or that mortgagor's | ||||||
25 | descendants,
or (ii) if a mortgagor is a trustee of a trust or |
| |||||||
| |||||||
1 | an executor or
administrator of an estate, by a beneficiary of | ||||||
2 | that trust or estate or by such
beneficiary's spouse or | ||||||
3 | descendants or (iii) if a mortgagor is a
corporation, by | ||||||
4 | persons owning collectively at least 50 percent of the
shares | ||||||
5 | of voting stock of such corporation or by a spouse or | ||||||
6 | descendants
of such persons.
The use of a portion of | ||||||
7 | residential real estate for non-residential
purposes shall not | ||||||
8 | affect the characterization of such real estate as
residential | ||||||
9 | real estate. For purposes of the definition of the term | ||||||
10 | "abandoned residential property" in Section 15-1200.5 of this | ||||||
11 | Article, "abandoned residential property" shall not include | ||||||
12 | the requirement that the real estate be occupied, or if zoned | ||||||
13 | for residential development, improved with a dwelling | ||||||
14 | structure.
| ||||||
15 | (Source: P.A. 85-907.)
| ||||||
16 | (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
| ||||||
17 | Sec. 15-1503. Notice of Foreclosure. | ||||||
18 | (a) A notice of foreclosure, whether
the foreclosure is | ||||||
19 | initiated by complaint or
counterclaim, made in accordance with | ||||||
20 | this Section and recorded in the
county in which the mortgaged | ||||||
21 | real estate is located shall be constructive
notice of the | ||||||
22 | pendency of the foreclosure to every person claiming an
| ||||||
23 | interest in or lien on the mortgaged real estate, whose | ||||||
24 | interest or lien
has not been recorded prior to the recording | ||||||
25 | of such notice of foreclosure.
Such notice of foreclosure must |
| |||||||
| |||||||
1 | be executed by any party or any party's
attorney and shall | ||||||
2 | include (i) the names of all plaintiffs and the case
number, | ||||||
3 | (ii) the court in which the action was brought, (iii) the names | ||||||
4 | of
title holders of record, (iv) a legal description of the | ||||||
5 | real estate
sufficient to identify it with reasonable | ||||||
6 | certainty, (v) a common address
or description of the location | ||||||
7 | of the real estate and (vi) identification
of the mortgage | ||||||
8 | sought to be foreclosed. An incorrect common address or
| ||||||
9 | description of the location, or an immaterial error in the | ||||||
10 | identification
of a plaintiff or title holder of record, shall | ||||||
11 | not invalidate the lis
pendens effect of the notice under this | ||||||
12 | Section.
A notice which complies with this Section shall be | ||||||
13 | deemed to comply with
Section 2-1901 of the Code of Civil
| ||||||
14 | Procedure and shall have the same effect as a notice filed | ||||||
15 | pursuant to
that Section; however, a notice which complies with | ||||||
16 | Section 2-1901 shall
not be constructive notice unless it also | ||||||
17 | complies with the requirements of
this Section.
| ||||||
18 | (b) With respect to residential real estate, a copy of the | ||||||
19 | notice of foreclosure described in subsection (a) of Section | ||||||
20 | 15-1503 shall be sent by first class mail, postage prepaid, to | ||||||
21 | the municipality within the boundary of which the mortgaged | ||||||
22 | real estate is located, or to the county within the boundary of | ||||||
23 | which the mortgaged real estate is located if the mortgaged | ||||||
24 | real estate is located in an unincorporated territory. A | ||||||
25 | municipality or county must clearly publish on its website a | ||||||
26 | single address to which such notice shall be sent. If a |
| |||||||
| |||||||
1 | municipality or county does not maintain a website, then the | ||||||
2 | municipality or county must publicly post in its main office a | ||||||
3 | single address to which such notice shall be sent. In the event | ||||||
4 | that a municipality or county has not complied with the | ||||||
5 | publication requirement in this subsection (b), then the copy | ||||||
6 | of the such notice to the municipality or county shall be sent | ||||||
7 | by first class mail, postage prepaid, to the chairperson of the | ||||||
8 | county board or county clerk in the case of a county, to the | ||||||
9 | mayor or city clerk in the case of a city, to the president of | ||||||
10 | the board of trustees or village clerk in the case of a | ||||||
11 | village, or to the president or town clerk in the case of a | ||||||
12 | town provided pursuant to Section 2-211 of the Code of Civil | ||||||
13 | Procedure . Additionally, if the real estate is located in a | ||||||
14 | city with a population of more than 2,000,000, regardless of | ||||||
15 | whether that city has complied with the publication requirement | ||||||
16 | in this subsection (b), the party must, within 10 days after | ||||||
17 | filing the complaint or counterclaim: (i) send by first class | ||||||
18 | mail, postage prepaid, a copy of the notice of foreclosure to | ||||||
19 | the alderman for the ward in which the real estate is located | ||||||
20 | and (ii) file an affidavit with the court attesting to the fact | ||||||
21 | that the notice was sent to the alderman for the ward in which | ||||||
22 | the real estate is located. The failure to send a copy of the | ||||||
23 | notice to the alderman or to file an affidavit as required | ||||||
24 | results in the dismissal without prejudice of the complaint or | ||||||
25 | counterclaim on a motion of a party or the court. If, after the | ||||||
26 | complaint or counterclaim has been dismissed without |
| |||||||
| |||||||
1 | prejudice, the party refiles the complaint or counterclaim, | ||||||
2 | then the party must again comply with the requirements that the | ||||||
3 | party send by first class mail, postage prepaid, the notice to | ||||||
4 | the alderman for the ward in which the real estate is located | ||||||
5 | and file an affidavit attesting to the fact that the notice was | ||||||
6 | sent. | ||||||
7 | (Source: P.A. 96-856, eff. 3-1-10.)
| ||||||
8 | (735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)
| ||||||
9 | Sec. 15-1504. Pleadings and service.
| ||||||
10 | (a) Form of Complaint. A foreclosure complaint
may be in | ||||||
11 | substantially the following form:
| ||||||
12 | (1) Plaintiff files this complaint to foreclose the | ||||||
13 | mortgage (or other
conveyance in the nature of a mortgage) | ||||||
14 | (hereinafter called "mortgage")
hereinafter described and | ||||||
15 | joins the following person as defendants: (here
insert | ||||||
16 | names of all defendants).
| ||||||
17 | (2) Attached as Exhibit "A" is a copy of the mortgage | ||||||
18 | and as Exhibit "B"
is a copy of the note secured thereby.
| ||||||
19 | (3) Information concerning mortgage:
| ||||||
20 | (A) Nature of instrument: (here insert whether a | ||||||
21 | mortgage, trust deed or
other instrument in the nature | ||||||
22 | of a mortgage, etc.)
| ||||||
23 | (B) Date of mortgage:
| ||||||
24 | (C) Name of mortgagor:
| ||||||
25 | (D) Name of mortgagee:
|
| |||||||
| |||||||
1 | (E) Date and place of recording:
| ||||||
2 | (F) Identification of recording: (here insert book | ||||||
3 | and page number or document number)
| ||||||
4 | (G) Interest subject to the mortgage: (here insert | ||||||
5 | whether fee simple,
estate for years, undivided | ||||||
6 | interest, etc.)
| ||||||
7 | (H) Amount of original indebtedness, including | ||||||
8 | subsequent advances made
under the mortgage:
| ||||||
9 | (I) Both the legal description of the mortgaged | ||||||
10 | real estate and the
common address or other information | ||||||
11 | sufficient to identify it with reasonable certainty:
| ||||||
12 | (J) Statement as to defaults, including, but not | ||||||
13 | necessarily
limited to, date of default, current | ||||||
14 | unpaid principal balance, per diem
interest accruing, | ||||||
15 | and any further information concerning the default:
| ||||||
16 | (K) Name of present owner of the real estate:
| ||||||
17 | (L) Names of other persons who are joined as | ||||||
18 | defendants and whose
interest in or lien on the | ||||||
19 | mortgaged real estate is sought to be terminated:
| ||||||
20 | (M) Names of defendants claimed to be personally | ||||||
21 | liable
for deficiency, if any:
| ||||||
22 | (N) Capacity in which plaintiff brings this | ||||||
23 | foreclosure (here indicate
whether plaintiff is the | ||||||
24 | legal holder of the indebtedness, a pledgee, an
agent, | ||||||
25 | the trustee under a trust deed or otherwise, as | ||||||
26 | appropriate):
|
| |||||||
| |||||||
1 | (O) Facts in support of redemption period shorter | ||||||
2 | than
the longer of (i) 7 months from the date the | ||||||
3 | mortgagor or, if more than
one, all the mortgagors (I) | ||||||
4 | have been served with summons or by publication
or (II) | ||||||
5 | have otherwise submitted to the jurisdiction of the | ||||||
6 | court, or (ii)
3 months from the entry of the judgment | ||||||
7 | of foreclosure, if sought (here
indicate whether based | ||||||
8 | upon the real estate not being residential ,
| ||||||
9 | abandonment, or real estate value less than 90%
of | ||||||
10 | amount owed, etc.):
| ||||||
11 | (P) Statement that the right of redemption has been | ||||||
12 | waived by all
owners of redemption, if applicable:
| ||||||
13 | (Q) Facts in support of request for attorneys' fees | ||||||
14 | and of costs and
expenses, if applicable:
| ||||||
15 | (R) Facts in support of a request for appointment | ||||||
16 | of mortgagee in
possession or for appointment of | ||||||
17 | receiver, and identity of such receiver, if
sought:
| ||||||
18 | (S) Offer to mortgagor in accordance with Section | ||||||
19 | 15-1402 to accept
title to the real estate in | ||||||
20 | satisfaction of all indebtedness and
obligations | ||||||
21 | secured by the mortgage without judicial sale, if | ||||||
22 | sought:
| ||||||
23 | (T) Name or names of defendants whose right to
| ||||||
24 | possess the mortgaged real estate, after the | ||||||
25 | confirmation of a foreclosure
sale, is
sought to be | ||||||
26 | terminated and, if not elsewhere stated, the facts in |
| |||||||
| |||||||
1 | support
thereof:
| ||||||
2 | REQUEST FOR RELIEF
| ||||||
3 | Plaintiff requests:
| ||||||
4 | (i) A judgment of foreclosure and sale.
| ||||||
5 | (ii) An order granting a shortened redemption period, | ||||||
6 | if sought.
| ||||||
7 | (iii) A personal judgment for a deficiency, if sought.
| ||||||
8 | (iv) An order granting possession, if sought.
| ||||||
9 | (v) An order placing the mortgagee in possession or | ||||||
10 | appointing a receiver,
if sought.
| ||||||
11 | (vi) A judgment for attorneys' fees, costs and | ||||||
12 | expenses, if sought.
| ||||||
13 | (b) Required Information. A foreclosure complaint need | ||||||
14 | contain only such
statements and requests called for by the | ||||||
15 | form set forth in subsection (a) of
Section
15-1504 as may be | ||||||
16 | appropriate for the relief sought. Such complaint may
be filed | ||||||
17 | as a counterclaim, may be joined with other counts or may | ||||||
18 | include
in the same count additional matters or a request for | ||||||
19 | any additional
relief permitted by Article
II of the Code of | ||||||
20 | Civil Procedure.
| ||||||
21 | (c) Allegations. The statements contained in a complaint in | ||||||
22 | the form
set forth in subsection (a) of Section 15-1504 are | ||||||
23 | deemed and construed to include
allegations as follows:
| ||||||
24 | (1) on the date indicated the obligor of the | ||||||
25 | indebtedness or other
obligations secured by the mortgage |
| |||||||
| |||||||
1 | was justly indebted in the amount of
the indicated original | ||||||
2 | indebtedness to the original mortgagee or payee of
the | ||||||
3 | mortgage note;
| ||||||
4 | (2) that the exhibits attached are true and correct | ||||||
5 | copies of the
mortgage and note and are incorporated and | ||||||
6 | made a part of the complaint by
express reference;
| ||||||
7 | (3) that the mortgagor was at the date indicated an | ||||||
8 | owner of the
interest in the real estate described in the | ||||||
9 | complaint and that as of that
date made, executed and | ||||||
10 | delivered the mortgage as security for the note or
other | ||||||
11 | obligations;
| ||||||
12 | (4) that the mortgage was recorded in the county in | ||||||
13 | which the mortgaged
real estate is located, on the date | ||||||
14 | indicated, in the book and page or as
the document number | ||||||
15 | indicated;
| ||||||
16 | (5) that defaults occurred as indicated;
| ||||||
17 | (6) that at the time of the filing of the complaint the | ||||||
18 | persons named as
present owners are the owners of the | ||||||
19 | indicated interests in and to the real
estate described;
| ||||||
20 | (7) that the mortgage constitutes a valid, prior and | ||||||
21 | paramount lien upon
the indicated interest in the mortgaged | ||||||
22 | real estate, which lien is prior and
superior to the right, | ||||||
23 | title, interest, claim or lien of all parties and
nonrecord | ||||||
24 | claimants whose interests in the mortgaged real estate are
| ||||||
25 | sought to be terminated;
| ||||||
26 | (8) that by reason of the defaults alleged, if the |
| |||||||
| |||||||
1 | indebtedness has not
matured by its terms, the same has | ||||||
2 | become due by the exercise, by the
plaintiff or other | ||||||
3 | persons having such power, of a right or power to
declare | ||||||
4 | immediately due and payable the whole of all indebtedness | ||||||
5 | secured
by the mortgage;
| ||||||
6 | (9) that any and all notices of default or election to | ||||||
7 | declare the
indebtedness due and payable or other notices | ||||||
8 | required to be given have
been duly and properly given;
| ||||||
9 | (10) that any and all periods of grace or other period | ||||||
10 | of time allowed
for the performance of the covenants or | ||||||
11 | conditions claimed to be breached
or for the curing of any | ||||||
12 | breaches have expired;
| ||||||
13 | (11) that the amounts indicated in the statement
in the | ||||||
14 | complaint are correctly stated and
if such statement | ||||||
15 | indicates any advances made or to be made by the
plaintiff | ||||||
16 | or owner of the mortgage indebtedness, that such advances | ||||||
17 | were,
in fact, made or will be
required to be made, and | ||||||
18 | under and by virtue of the mortgage the same
constitute | ||||||
19 | additional indebtedness secured by the mortgage; and
| ||||||
20 | (12) that, upon confirmation of the sale, the holder of | ||||||
21 | the certificate
of sale or deed issued pursuant to that | ||||||
22 | certificate or, if no certificate or
deed was issued, the | ||||||
23 | purchaser at the sale will be entitled to full possession
| ||||||
24 | of the mortgaged real estate against the parties
named in | ||||||
25 | clause (T) of
paragraph (3) of subsection (a) of Section | ||||||
26 | 15-1504 or elsewhere to the same
effect;
the omission of |
| |||||||
| |||||||
1 | any
party indicates that plaintiff will not seek a | ||||||
2 | possessory order in the order
confirming sale unless the | ||||||
3 | request is subsequently made under subsection (h) of
| ||||||
4 | Section 15-1701 or by separate action under Article 9 of | ||||||
5 | this Code.
| ||||||
6 | (d) Request for Fees and Costs. A statement in the | ||||||
7 | complaint that
plaintiff seeks the inclusion of attorneys' fees | ||||||
8 | and of costs and expenses
shall be deemed and construed to | ||||||
9 | include allegations that:
| ||||||
10 | (1) plaintiff has been compelled to employ and retain | ||||||
11 | attorneys to
prepare and file the complaint and to | ||||||
12 | represent and advise the plaintiff in
the foreclosure of | ||||||
13 | the mortgage and the plaintiff will thereby become
liable | ||||||
14 | for the usual, reasonable and customary fees of the | ||||||
15 | attorneys in
that behalf;
| ||||||
16 | (2) that the plaintiff has been compelled to advance or | ||||||
17 | will be
compelled to advance, various sums of money in | ||||||
18 | payment of costs, fees,
expenses and disbursements | ||||||
19 | incurred in connection with the foreclosure,
including, | ||||||
20 | without limiting the generality of the foregoing, filing | ||||||
21 | fees,
stenographer's fees, witness fees, costs of | ||||||
22 | publication, costs of procuring
and preparing documentary | ||||||
23 | evidence and costs of procuring
abstracts of title, Torrens | ||||||
24 | certificates, foreclosure minutes and a title
insurance | ||||||
25 | policy;
| ||||||
26 | (3) that under the terms of the mortgage, all such |
| |||||||
| |||||||
1 | advances, costs,
attorneys' fees and other fees, expenses | ||||||
2 | and disbursements are made a lien
upon the mortgaged real | ||||||
3 | estate and the plaintiff is entitled to recover all
such | ||||||
4 | advances, costs, attorneys' fees, expenses and | ||||||
5 | disbursements, together
with interest on all advances at | ||||||
6 | the rate provided in the mortgage, or, if
no rate is | ||||||
7 | provided therein, at the statutory judgment rate, from the
| ||||||
8 | date on which such advances are made;
| ||||||
9 | (4) that in order to protect the lien of the mortgage, | ||||||
10 | it may become
necessary for plaintiff to pay taxes and | ||||||
11 | assessments which have been or may
be levied upon the | ||||||
12 | mortgaged real estate;
| ||||||
13 | (5) that in order to protect and preserve the mortgaged | ||||||
14 | real estate, it
may also become necessary for the plaintiff | ||||||
15 | to pay liability (protecting
mortgagor and mortgagee), | ||||||
16 | fire and other hazard
insurance premiums on the mortgaged | ||||||
17 | real estate, make such repairs
to the mortgaged real
estate | ||||||
18 | as may reasonably be deemed necessary for the proper | ||||||
19 | preservation
thereof, advance for costs to inspect the | ||||||
20 | mortgaged real estate or to
appraise it, or both, and | ||||||
21 | advance for premiums for pre-existing private or
| ||||||
22 | governmental mortgage insurance to the extent required | ||||||
23 | after a foreclosure
is commenced in order to keep such | ||||||
24 | insurance in force; and
| ||||||
25 | (6) that under the terms of the mortgage, any money so | ||||||
26 | paid or expended
will become an additional indebtedness |
| |||||||
| |||||||
1 | secured by the mortgage and will bear
interest from the | ||||||
2 | date such monies are advanced at the rate provided in the
| ||||||
3 | mortgage, or, if no rate is provided, at the
statutory | ||||||
4 | judgment rate.
| ||||||
5 | (e) Request for Foreclosure. The request for foreclosure is | ||||||
6 | deemed and
construed to mean that the plaintiff requests that:
| ||||||
7 | (1) an accounting may be taken under the direction of | ||||||
8 | the court of the
amounts due and owing to the plaintiff;
| ||||||
9 | (2) that the defendants be ordered to pay to the | ||||||
10 | plaintiff before
expiration of any redemption period (or, | ||||||
11 | if no redemption period, before a
short date fixed by the | ||||||
12 | court) whatever sums may appear to be due upon the taking
| ||||||
13 | of such account,
together with attorneys' fees and costs of | ||||||
14 | the proceedings (to the extent
provided in the mortgage or | ||||||
15 | by law);
| ||||||
16 | (3) that in default of such payment in accordance with | ||||||
17 | the judgment, the
mortgaged real estate be sold as directed | ||||||
18 | by the court, to satisfy the
amount due to the plaintiff as | ||||||
19 | set forth in the judgment, together with the
interest | ||||||
20 | thereon at the statutory judgment rate from the date of the | ||||||
21 | judgment;
| ||||||
22 | (4) that in the event the plaintiff is a purchaser of | ||||||
23 | the mortgaged real
estate at such sale, the plaintiff may | ||||||
24 | offset against the purchase price of
such real estate the | ||||||
25 | amounts due under the judgment of foreclosure and
order | ||||||
26 | confirming the sale;
|
| |||||||
| |||||||
1 | (5) that in the event of such sale and the failure of | ||||||
2 | any person entitled
thereto to redeem prior to such sale | ||||||
3 | pursuant to this Article, the
defendants made parties to | ||||||
4 | the foreclosure in accordance with this Article,
and all | ||||||
5 | nonrecord claimants given notice of the foreclosure in | ||||||
6 | accordance
with this Article, and all persons claiming by, | ||||||
7 | through or under them, and
each and any and all of them, | ||||||
8 | may be forever barred and foreclosed of any
right, title, | ||||||
9 | interest, claim, lien, or right to redeem in and to the
| ||||||
10 | mortgaged real estate; and
| ||||||
11 | (6) that if no redemption is made prior to such sale, a | ||||||
12 | deed may be
issued to the purchaser thereat according to | ||||||
13 | law and such purchaser be let
into possession of the | ||||||
14 | mortgaged real estate in accordance with Part 17 of this | ||||||
15 | Article.
| ||||||
16 | (f) Request for Deficiency Judgment. A request for a | ||||||
17 | personal judgment
for a deficiency in a foreclosure complaint | ||||||
18 | if the sale of the mortgaged
real estate fails to produce a | ||||||
19 | sufficient amount to pay the amount found
due, the plaintiff | ||||||
20 | may have a personal judgment against any party in the
| ||||||
21 | foreclosure indicated as being personally liable therefor and | ||||||
22 | the enforcement
thereof be had as provided by law.
| ||||||
23 | (g) Request for Possession or Receiver. A request for | ||||||
24 | possession or appointment
of a receiver has the meaning as | ||||||
25 | stated in subsection (b) of Section 15-1706.
| ||||||
26 | (h) Answers by Parties. Any party
may assert its interest |
| |||||||
| |||||||
1 | by counterclaim and such counterclaim may at the
option of that | ||||||
2 | party stand in lieu of answer to the complaint for
foreclosure | ||||||
3 | and all counter complaints previously or thereafter filed
in | ||||||
4 | the foreclosure. Any such counterclaim shall be deemed to | ||||||
5 | constitute a
statement that the counter claimant does not have | ||||||
6 | sufficient knowledge to
form a belief as to the truth or | ||||||
7 | falsity of the
allegations of the complaint and all other | ||||||
8 | counterclaims, except
to the extent that the counterclaim | ||||||
9 | admits or specifically denies such
allegations.
| ||||||
10 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
11 | (735 ILCS 5/15-1504.1) | ||||||
12 | Sec. 15-1504.1. Filing fee for Foreclosure Prevention | ||||||
13 | Program Fund. | ||||||
14 | (a) With respect to residential real estate, at the time of | ||||||
15 | the filing of a foreclosure complaint, the plaintiff shall pay | ||||||
16 | to the clerk of the court in which the foreclosure complaint is | ||||||
17 | filed a fee of $50 for deposit into the Foreclosure Prevention | ||||||
18 | Program Fund, a special
fund created in the State treasury. The | ||||||
19 | clerk shall remit the fee to the State Treasurer as provided in | ||||||
20 | this Section to be expended for the purposes set forth in | ||||||
21 | Section 7.30 of the Illinois Housing Development Act. All fees | ||||||
22 | paid by plaintiffs to the clerk of the court as provided in | ||||||
23 | this Section shall be disbursed within 60 days after receipt by | ||||||
24 | the clerk of the court as follows: (i) 98% to the State | ||||||
25 | Treasurer for deposit into the Foreclosure Prevention Program |
| |||||||
| |||||||
1 | Fund, and (ii) 2% to the clerk of the court for administrative | ||||||
2 | expenses related to implementation of this Section. | ||||||
3 | (a-5) With respect to residential real estate, at the time | ||||||
4 | of the filing of a foreclosure complaint, a plaintiff that, | ||||||
5 | together with its affiliates, has total assets greater than | ||||||
6 | $10,000,000,000, or is filing on behalf of an entity that, | ||||||
7 | together with its affiliates, has total assets greater than | ||||||
8 | $10,000,000,000 shall pay to the clerk of the court in which | ||||||
9 | the foreclosure complaint is filed an additional fee of $500. | ||||||
10 | The clerk shall remit the fee as provided in this Section to be | ||||||
11 | expended for the purposes set forth below. All fees paid by | ||||||
12 | plaintiffs to the clerk of the court as provided in this | ||||||
13 | Section shall be disbursed within 60 days after receipt by the | ||||||
14 | clerk of the court as follows: | ||||||
15 | (1) 49% to the Foreclosure Prevention Program Fund to | ||||||
16 | make grants to approved counseling agencies for approved | ||||||
17 | housing counseling. The Illinois Housing Development | ||||||
18 | Authority shall distribute the portion of this fee that is | ||||||
19 | designated for the Foreclosure Prevention Program Fund as | ||||||
20 | follows: | ||||||
21 | (A) 30% shall be used to make grants for approved | ||||||
22 | housing counseling in Cook County outside of the City | ||||||
23 | of Chicago; | ||||||
24 | (B) 25% shall be used to make grants for approved | ||||||
25 | housing counseling in the City of Chicago; | ||||||
26 | (C) 30% shall be used to make grants for approved |
| |||||||
| |||||||
1 | housing counseling in DuPage, Kane, Lake, McHenry, and | ||||||
2 | Will Counties; and | ||||||
3 | (D) 15% shall be used to make grants for approved | ||||||
4 | housing counseling outside Cook, DuPage, Kane, Lake, | ||||||
5 | McHenry, and Will Counties; | ||||||
6 | (2) 49% to the Abandoned Residential Property | ||||||
7 | Municipality Relief Fund; and | ||||||
8 | (3) 2% to the clerk of the court for administrative | ||||||
9 | expenses related to implementation of this Section. | ||||||
10 | (b) Not later than March 1 of each year, the clerk of the | ||||||
11 | court shall submit to the Illinois Housing Development | ||||||
12 | Authority a report of the funds collected and remitted pursuant | ||||||
13 | to this Section during the preceding year.
| ||||||
14 | (c) As used in this Section: | ||||||
15 | "Affiliate" means any company that controls, is controlled | ||||||
16 | by, or is under common control with another company. | ||||||
17 | "Approved counseling agency" and "approved housing | ||||||
18 | counseling" have the meanings ascribed to those terms in | ||||||
19 | Section 7.30 of the Illinois Housing Development Act. | ||||||
20 | (Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11.)
| ||||||
21 | (735 ILCS 5/15-1505.8 new) | ||||||
22 | Sec. 15-1505.8. Expedited judgment and sale procedure for | ||||||
23 | abandoned residential property. | ||||||
24 | (a) Upon motion and notice, the mortgagee may elect to | ||||||
25 | utilize the expedited judgment and sale procedure for abandoned |
| |||||||
| |||||||
1 | residential property stated in this Section to obtain a | ||||||
2 | judgment of foreclosure pursuant to Section 15-1506. The motion | ||||||
3 | to expedite the judgment and sale may be combined with or made | ||||||
4 | part of the motion requesting a judgment of foreclosure. The | ||||||
5 | notice of the motion to expedite the judgment and sale shall be | ||||||
6 | sent by first-class mail to the last known address of the | ||||||
7 | mortgagor, and the notice required by paragraph (1) of | ||||||
8 | subsection (l) of this Section shall be posted at the property | ||||||
9 | address. | ||||||
10 | (b) The motion requesting an expedited judgment of | ||||||
11 | foreclosure and sale may be filed by the mortgagee at the time | ||||||
12 | the foreclosure complaint is filed or any time thereafter, and | ||||||
13 | shall set forth the facts demonstrating that the mortgaged real | ||||||
14 | estate is abandoned residential real estate under Section | ||||||
15 | 15-1200.5 and shall be supported by affidavit. | ||||||
16 | (c) If a motion for an expedited judgment and sale is filed | ||||||
17 | at the time the foreclosure complaint is filed or before the | ||||||
18 | period to answer the foreclosure complaint has expired, the | ||||||
19 | motion shall be heard by the court no earlier than before the | ||||||
20 | period to answer the foreclosure complaint has expired and no | ||||||
21 | later than 15 days after the period to answer the foreclosure | ||||||
22 | complaint has expired. | ||||||
23 | (d) If a motion for an expedited judgment and sale is filed | ||||||
24 | after the period to answer the foreclosure complaint has | ||||||
25 | expired, the motion shall be heard no later than 15 days after | ||||||
26 | the motion is filed. |
| |||||||
| |||||||
1 | (e) The hearing shall be given priority by the court and | ||||||
2 | shall be scheduled to be heard within the applicable time | ||||||
3 | period set forth in subsection (c) or (d) of this Section. | ||||||
4 | (f) Subject to subsection (g), at the hearing on the motion | ||||||
5 | requesting an expedited judgment and sale, if the court finds | ||||||
6 | that the mortgaged real estate is abandoned residential | ||||||
7 | property, the court shall grant the motion and immediately | ||||||
8 | proceed to a trial of the foreclosure. A judgment of | ||||||
9 | foreclosure under this Section shall include the matters | ||||||
10 | identified in Section 15-1506. | ||||||
11 | (g) The court may not grant the motion requesting an | ||||||
12 | expedited judgment and sale if: (i) the mortgagor appears in | ||||||
13 | the action in any manner before or at the hearing and objects | ||||||
14 | to a finding of abandonment; (ii) a person other than the | ||||||
15 | mortgagor appears at the hearing and presents evidence | ||||||
16 | establishing to the satisfaction of the court that the | ||||||
17 | mortgagor is working with, or making an attempt to work with, | ||||||
18 | the mortgagee to modify the mortgage; or (iii) a person other | ||||||
19 | than the mortgagor appears at the hearing and presents evidence | ||||||
20 | establishing to the satisfaction of the court that the | ||||||
21 | mortgagor or a lawful occupant has not abandoned the mortgaged | ||||||
22 | real estate. | ||||||
23 | (h) The court shall vacate an order issued pursuant to | ||||||
24 | subsection (f) of this Section if the mortgagor or a lawful | ||||||
25 | occupant appears in the action at any time prior to the court | ||||||
26 | issuing an order confirming the sale pursuant to subsection |
| |||||||
| |||||||
1 | (b-3) of Section 15-1508 and presents evidence establishing to | ||||||
2 | the satisfaction of the court that the mortgagor or lawful | ||||||
3 | occupant has not abandoned the mortgaged real estate. | ||||||
4 | (i) The reinstatement period and redemption period for the | ||||||
5 | abandoned residential property shall end in accordance with | ||||||
6 | paragraph (4) of subsection (b) of Section 15-1603, and the | ||||||
7 | abandoned residential property shall be sold at the earliest | ||||||
8 | practicable time at a sale as provided in this Article. | ||||||
9 | (j) The mortgagee or its agent may enter, secure, and | ||||||
10 | maintain abandoned residential property subject to subsection | ||||||
11 | (e-5) of Section 21-3 of the Criminal Code of 1961. | ||||||
12 | (k) Personal property. | ||||||
13 | (1) Upon confirmation of the sale held pursuant to | ||||||
14 | Section 15-1507, any personal property remaining in or upon | ||||||
15 | the abandoned residential property shall be deemed to have | ||||||
16 | been abandoned by the owner of such personal property and | ||||||
17 | may be disposed of or donated by the holder of the | ||||||
18 | certificate of sale (or, if none, by the purchaser at the | ||||||
19 | sale). In the event of donation of any such personal | ||||||
20 | property, the holder of the certificate of sale (or, if | ||||||
21 | none, the purchaser at the sale) may transfer such donated | ||||||
22 | property with a bill of sale. No mortgagee or its | ||||||
23 | successors or assigns, holder of a certificate of sale, or | ||||||
24 | purchaser at the sale shall be liable for any such disposal | ||||||
25 | or donation of personal property. | ||||||
26 | (2) Notwithstanding paragraph (1) of this subsection |
| |||||||
| |||||||
1 | (k), in the event a lawful occupant is in possession of the | ||||||
2 | mortgaged real estate who has not been made a party to the | ||||||
3 | foreclosure and had his or her interests terminated | ||||||
4 | therein, any personal property of the lawful occupant shall | ||||||
5 | not be deemed to have been abandoned, nor shall the rights | ||||||
6 | of the lawful occupant to any personal property be | ||||||
7 | affected. | ||||||
8 | (l) Notices to be posted at property address. | ||||||
9 | (1) The notice set out in this paragraph (1) of this | ||||||
10 | subsection (l) shall be conspicuously posted at the | ||||||
11 | property address at least 14 days before the hearing on the | ||||||
12 | motion requesting an expedited judgment and sale and shall | ||||||
13 | be in boldface, in at least 12 font type, and in | ||||||
14 | substantially the following form:
| ||||||
15 | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | ||||||
16 | OCCUPANT OF THIS PROPERTY | ||||||
17 | A lawsuit has been filed to foreclose on this property, and the | ||||||
18 | party asking to foreclose on this property has asked a judge to | ||||||
19 | find that THIS PROPERTY IS ABANDONED.
| ||||||
20 | The judge will be holding a hearing to decide whether this | ||||||
21 | property is ABANDONED.
| ||||||
22 | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY |
| |||||||
| |||||||
1 | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | ||||||
2 | are a lawful occupant of this property.
| ||||||
3 | You also can ask any other person to go to this hearing for | ||||||
4 | you, and this person does not have to be attorney. If you do | ||||||
5 | have another person who is not an attorney go to this hearing | ||||||
6 | for you, that person will not be authorized to represent you | ||||||
7 | but could help explain to the judge how you are a lawful | ||||||
8 | occupant of this property.
| ||||||
9 | If the judge is satisfied that you are a LAWFUL OCCUPANT of | ||||||
10 | this property, the court will find that this property is NOT | ||||||
11 | ABANDONED.
| ||||||
12 | This hearing will be held in the courthouse at the following | ||||||
13 | address, date, and time:
| ||||||
14 | Court name: .................................................. | ||||||
15 | Court address: ............................................... | ||||||
16 | Court room number where hearing will be held: ................ | ||||||
17 | (There should be a person in this room called a CLERK who can | ||||||
18 | help you. Make sure you know THIS PROPERTY'S ADDRESS.) | ||||||
19 | Date of hearing: ............................................. | ||||||
20 | Time of hearing: .............................................
| ||||||
21 | MORE INFORMATION |
| |||||||
| |||||||
1 | Name of lawsuit: ............................................. | ||||||
2 | Number of lawsuit: ........................................... | ||||||
3 | Address of this property: ....................................
| ||||||
4 | IMPORTANT | ||||||
5 | This is NOT a notice to vacate the premises. You may wish to | ||||||
6 | contact a lawyer or your local legal aid or housing counseling | ||||||
7 | agency to discuss any rights that you may have.
| ||||||
8 | WARNING | ||||||
9 | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | ||||||
10 | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY | ||||||
11 | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | ||||||
12 | LAW. 720 ILCS 5/21-3(a).
| ||||||
13 | NO TRESPASSING | ||||||
14 | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | ||||||
15 | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A | ||||||
16 | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". | ||||||
17 | (2) The notice set out in this paragraph (2) of this | ||||||
18 | subsection (l) shall be conspicuously posted at the | ||||||
19 | property address at least 14 days before the hearing to |
| |||||||
| |||||||
1 | confirm the sale of the abandoned residential property and | ||||||
2 | shall be in boldface, in at least 12 font type, and in | ||||||
3 | substantially the following form:
| ||||||
4 | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | ||||||
5 | OCCUPANT OF THIS PROPERTY | ||||||
6 | A lawsuit has been filed to foreclose on this property, and the | ||||||
7 | judge has found that THIS PROPERTY IS ABANDONED. As a result, | ||||||
8 | THIS PROPERTY HAS BEEN OR WILL BE SOLD.
| ||||||
9 | HOWEVER, there still must be a hearing for the judge to approve | ||||||
10 | the sale. The judge will NOT APPROVE this sale if the judge | ||||||
11 | finds that any person lawfully occupies any part of this | ||||||
12 | property.
| ||||||
13 | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY | ||||||
14 | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | ||||||
15 | are a lawful occupant of this property. You also may appear | ||||||
16 | BEFORE this hearing and explain to the judge how you are a | ||||||
17 | lawful occupant of this property.
| ||||||
18 | If the judge is satisfied that you are a LAWFUL OCCUPANT of | ||||||
19 | this property, the court will find that this property is NOT | ||||||
20 | ABANDONED, and there will be no sale of the property at this | ||||||
21 | time.
|
| |||||||
| |||||||
1 | This hearing will be held in the courthouse at the following | ||||||
2 | address, date, and time:
| ||||||
3 | Court name: .................................................. | ||||||
4 | Court address: ............................................... | ||||||
5 | Court room number where hearing will be held: ................ | ||||||
6 | (There should be a person in this room called a CLERK who can | ||||||
7 | help you. Make sure you know THIS PROPERTY'S ADDRESS.) | ||||||
8 | Date of hearing: ............................................. | ||||||
9 | Time of hearing: .............................................
| ||||||
10 | MORE INFORMATION | ||||||
11 | Name of lawsuit: ............................................. | ||||||
12 | Number of lawsuit: ........................................... | ||||||
13 | Address of this property: ....................................
| ||||||
14 | IMPORTANT | ||||||
15 | This is NOT a notice to vacate the premises. You may wish to | ||||||
16 | contact a lawyer or your local legal aid or housing counseling | ||||||
17 | agency to discuss any rights that you may have.
| ||||||
18 | WARNING |
| |||||||
| |||||||
1 | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | ||||||
2 | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY | ||||||
3 | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | ||||||
4 | LAW. 720 ILCS 5/21-3(a).
| ||||||
5 | NO TRESPASSING | ||||||
6 | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | ||||||
7 | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A | ||||||
8 | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)." | ||||||
9 | (m) Reports. Beginning on February 1, 2013 and then every 6 | ||||||
10 | months thereafter, any mortgagee that has filed a motion to | ||||||
11 | expedite the judgment and sale shall complete and submit to the | ||||||
12 | Illinois Department of Financial and Professional Regulation a | ||||||
13 | report that indicates: (i) the number of motions to expedite | ||||||
14 | the judgment and sale that were filed by the mortgagee during | ||||||
15 | the reporting period and the number of properties that were the | ||||||
16 | subject of such motions filed by the mortgagee, aggregated by | ||||||
17 | zip code; (ii) the number of motions to expedite the judgment | ||||||
18 | and sale that were granted to the mortgagee during the | ||||||
19 | reporting period and the number of properties for which the | ||||||
20 | mortgagee was granted an expedited motion and sale, aggregated | ||||||
21 | by zip code; and (iii) the number of judicial sales to the | ||||||
22 | mortgagee for properties that were the subject of expedited | ||||||
23 | judgment and sale procedures during the reporting period and | ||||||
24 | the number of properties acquired by the mortgagee during the |
| |||||||
| |||||||
1 | reporting period, aggregated by zip code. Reports covering the | ||||||
2 | period of January 1 through June 30 shall be completed and | ||||||
3 | submitted no later than August 1 of the year that is the | ||||||
4 | subject of the report. Reports covering the period of July 1 | ||||||
5 | through December 31 shall be completed and submitted no later | ||||||
6 | than February 1 of the year following the year that is the | ||||||
7 | subject of the report.
| ||||||
8 | (735 ILCS 5/15-1507.1) | ||||||
9 | (Section scheduled to be repealed on March 2, 2016) | ||||||
10 | Sec. 15-1507.1. Judicial sale fee for Abandoned | ||||||
11 | Residential Property Municipality Relief Fund. | ||||||
12 | (a) Upon and at the sale of residential real estate under | ||||||
13 | Section 15-1507, the purchaser shall pay to the person | ||||||
14 | conducting the sale pursuant to Section 15-1507 a fee of $750 | ||||||
15 | for deposit into the Abandoned Residential Property | ||||||
16 | Municipality Relief Fund, a special
fund created in the State | ||||||
17 | treasury , if the purchaser is a . The fee shall be calculated | ||||||
18 | at the rate of $1 for each $1,000 or fraction thereof of the | ||||||
19 | amount paid by the purchaser to the person conducting the sale, | ||||||
20 | as reflected in the receipt of sale issued to the purchaser, | ||||||
21 | provided that in no event shall the fee exceed $300. No fee | ||||||
22 | shall be paid by the mortgagee acquiring the residential real | ||||||
23 | estate pursuant to its credit bid at the sale or by any | ||||||
24 | mortgagee, judgment creditor, or other lienor acquiring the | ||||||
25 | residential real estate whose rights in and to the residential |
| |||||||
| |||||||
1 | real estate arose prior to the sale , and if the mortgagee, | ||||||
2 | judgment creditor, or other lienor, together with its | ||||||
3 | affiliates, has total assets greater than $10,000,000,000, or | ||||||
4 | if the mortgagee, judgment creditor, or other lienor is acting | ||||||
5 | at the sale on behalf of an entity that, together with its | ||||||
6 | affiliates, has total assets greater than $10,000,000,000. In | ||||||
7 | no instance shall this fee be assessed to any bank as defined | ||||||
8 | in paragraph (8) of subsection (a) of Section 9-102 of the | ||||||
9 | Uniform Commercial Code that, together with its affiliates, has | ||||||
10 | total assets of $10,000,000,000 or less . Upon confirmation of | ||||||
11 | the sale under Section 15-1508, the person conducting the sale | ||||||
12 | shall remit the fee to the clerk of the court in which the | ||||||
13 | foreclosure case is pending. The clerk shall remit the fee to | ||||||
14 | the State Treasurer as provided in this Section, to be expended | ||||||
15 | for the purposes set forth in Section 7.31 of the Illinois | ||||||
16 | Housing Development Act. | ||||||
17 | (b) All fees paid by purchasers as provided in this Section | ||||||
18 | shall be disbursed within 60 days after receipt by the clerk of | ||||||
19 | the court as follows: (i) 98% to the State Treasurer for | ||||||
20 | deposit into the Abandoned Residential Property Municipality | ||||||
21 | Relief Fund, and (ii) 2% to the clerk of the court for | ||||||
22 | administrative expenses related to implementation of this | ||||||
23 | Section. | ||||||
24 | (c) Not later than March 1 of each year, the clerk of the | ||||||
25 | court shall submit to the Illinois Housing Development | ||||||
26 | Authority a report of the funds collected and remitted during |
| |||||||
| |||||||
1 | the preceding year pursuant to this Section. | ||||||
2 | (d) (Blank.) Subsections (a) and (b) of this Section shall | ||||||
3 | become inoperative on January 1, 2016. This Section is repealed | ||||||
4 | on March 2, 2016.
| ||||||
5 | (e) As used in this Section, "affiliate" means any company | ||||||
6 | that controls, is controlled by, or is under common control | ||||||
7 | with another company. | ||||||
8 | (Source: P.A. 96-1419, eff. 10-1-10.)
| ||||||
9 | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | ||||||
10 | Sec. 15-1508. Report of Sale and Confirmation of Sale. | ||||||
11 | (a) Report. The person conducting the sale shall promptly | ||||||
12 | make a report to
the court, which report shall include a copy | ||||||
13 | of all receipts and, if any,
certificate of sale. | ||||||
14 | (b) Hearing. Upon motion and notice in accordance with | ||||||
15 | court rules
applicable to motions generally, which motion shall | ||||||
16 | not be made prior to
sale, the court shall conduct a hearing to
| ||||||
17 | confirm the sale. Unless the court finds that (i) a notice | ||||||
18 | required in
accordance with subsection (c) of Section 15-1507 | ||||||
19 | was not given, (ii) the
terms of sale were unconscionable, | ||||||
20 | (iii) the sale was conducted
fraudulently, or (iv) justice was | ||||||
21 | otherwise not done, the court shall
then enter an order | ||||||
22 | confirming the sale. The confirmation order shall include a | ||||||
23 | name, address, and telephone number of the holder of the | ||||||
24 | certificate of sale or deed issued pursuant to that certificate | ||||||
25 | or, if no certificate or deed was issued, the purchaser, whom a |
| |||||||
| |||||||
1 | municipality or county may contact with concerns about the real | ||||||
2 | estate. The confirmation order may
also: | ||||||
3 | (1) approve the mortgagee's fees and costs arising | ||||||
4 | between the entry of
the judgment of foreclosure and the | ||||||
5 | confirmation hearing, those costs and
fees to be allowable | ||||||
6 | to the same extent as provided in the note and mortgage
and | ||||||
7 | in Section 15-1504; | ||||||
8 | (2) provide for a personal judgment against any party | ||||||
9 | for a deficiency;
and | ||||||
10 | (3) determine the priority of the judgments of parties | ||||||
11 | who deferred proving
the priority pursuant to subsection | ||||||
12 | (h) of Section 15-1506, but
the court shall not
defer | ||||||
13 | confirming the sale pending the determination of such | ||||||
14 | priority. | ||||||
15 | (b-3) Hearing to confirm sale of abandoned residential | ||||||
16 | property. Upon motion and notice by first-class mail to the | ||||||
17 | last known address of the mortgagor, which motion shall be made | ||||||
18 | prior to the sale and heard by the court at the earliest | ||||||
19 | practicable time after conclusion of the sale, and upon the | ||||||
20 | posting at the property address of the notice required by | ||||||
21 | paragraph (2) of subsection (l) of Section 15-1505.8, the court | ||||||
22 | shall enter an order confirming the sale of the abandoned | ||||||
23 | residential property, unless the court finds that a reason set | ||||||
24 | forth in items (i) through (iv) of subsection (b) of this | ||||||
25 | Section exists for not approving the sale, or an order is | ||||||
26 | entered pursuant to subsection (h) of Section 15-1505.8. The |
| |||||||
| |||||||
1 | confirmation order also may address the matters identified in | ||||||
2 | items (1) through (3) of subsection (b) of this Section. The | ||||||
3 | notice required under subsection (b-5) of this Section shall | ||||||
4 | not be required. | ||||||
5 | (b-5) Notice with respect to residential real estate. With | ||||||
6 | respect to residential real estate, the notice required under | ||||||
7 | subsection (b) of this Section shall be sent to the mortgagor | ||||||
8 | even if the mortgagor has previously been held in default. In | ||||||
9 | the event the mortgagor has filed an appearance, the notice | ||||||
10 | shall be sent to the address indicated on the appearance. In | ||||||
11 | all other cases, the notice shall be sent to the mortgagor at | ||||||
12 | the common address of the foreclosed property. The notice shall | ||||||
13 | be sent by first class mail. Unless the right to possession has | ||||||
14 | been previously terminated by the court, the notice shall | ||||||
15 | include the following language in 12-point boldface | ||||||
16 | capitalized type: | ||||||
17 | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | ||||||
18 | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | ||||||
19 | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | ||||||
20 | ILLINOIS MORTGAGE FORECLOSURE LAW. | ||||||
21 | (b-10) Notice of confirmation order sent to municipality or | ||||||
22 | county. A copy of the confirmation order required under | ||||||
23 | subsection (b) shall be sent to the municipality in which the | ||||||
24 | foreclosed property is located, or to the county within the | ||||||
25 | boundary of which the foreclosed property is located if the | ||||||
26 | foreclosed property is located in an unincorporated territory. |
| |||||||
| |||||||
1 | A municipality or county must clearly publish on its website a | ||||||
2 | single address to which such notice shall be sent. If a | ||||||
3 | municipality or county does not maintain a website, then the | ||||||
4 | municipality or county must publicly post in its main office a | ||||||
5 | single address to which such notice shall be sent. In the event | ||||||
6 | that a municipality or county has not complied with the | ||||||
7 | publication requirement in this subsection (b-10), then such | ||||||
8 | notice to the municipality or county shall be provided pursuant | ||||||
9 | to Section 2-211 of the Code of Civil Procedure. | ||||||
10 | (c) Failure to Give Notice. If any sale is held without | ||||||
11 | compliance with
subsection (c) of Section 15-1507 of this | ||||||
12 | Article, any party entitled to
the notice provided for in | ||||||
13 | paragraph (3) of that subsection
(c) who was not so notified | ||||||
14 | may, by motion supported by affidavit
made prior to | ||||||
15 | confirmation of such sale, ask the court which entered the
| ||||||
16 | judgment to set aside the sale. Any such party shall guarantee | ||||||
17 | or secure by bond a bid equal to the successful bid at the | ||||||
18 | prior sale, unless the party seeking to set aside the sale is | ||||||
19 | the mortgagor, the real estate sold at the sale is residential | ||||||
20 | real estate, and the mortgagor occupies the residential real | ||||||
21 | estate at the time the motion is filed. In that event, no | ||||||
22 | guarantee or bond shall be required of the mortgagor. Any
| ||||||
23 | subsequent sale is subject to the same notice requirement as | ||||||
24 | the original sale. | ||||||
25 | (d) Validity of Sale. Except as provided in subsection (c) | ||||||
26 | of Section
15-1508, no sale under this Article shall be held |
| |||||||
| |||||||
1 | invalid or be set aside
because of any defect in the notice | ||||||
2 | thereof or in the publication of the
same, or in the | ||||||
3 | proceedings of the officer conducting the sale, except upon
| ||||||
4 | good cause shown in a hearing pursuant to subsection (b) of | ||||||
5 | Section
15-1508. At any time after a sale has occurred, any | ||||||
6 | party entitled to
notice under paragraph (3) of subsection (c) | ||||||
7 | of Section 15-1507 may recover
from the mortgagee any damages | ||||||
8 | caused by the mortgagee's failure to comply
with such paragraph | ||||||
9 | (3). Any party who recovers damages in a judicial
proceeding | ||||||
10 | brought under this subsection may also recover from the
| ||||||
11 | mortgagee the reasonable expenses of litigation, including | ||||||
12 | reasonable attorney's fees. | ||||||
13 | (d-5) Making Home Affordable Program. The court that | ||||||
14 | entered the judgment shall set aside a sale held pursuant to | ||||||
15 | Section 15-1507, upon motion of the mortgagor at any time prior | ||||||
16 | to the confirmation of the sale, if the mortgagor proves by a | ||||||
17 | preponderance of the evidence that (i) the mortgagor has | ||||||
18 | applied for assistance under the Making Home Affordable Program | ||||||
19 | established by the United States Department of the Treasury | ||||||
20 | pursuant to the Emergency Economic Stabilization Act of 2008, | ||||||
21 | as amended by the American Recovery and Reinvestment Act of | ||||||
22 | 2009, and (ii) the mortgaged real estate was sold in material | ||||||
23 | violation of the program's requirements for proceeding to a | ||||||
24 | judicial sale. The provisions of this subsection (d-5), except | ||||||
25 | for this sentence, shall become inoperative on January 1, 2013 | ||||||
26 | for all actions filed under this Article after December 31, |
| |||||||
| |||||||
1 | 2012, in which the mortgagor did not apply for assistance under | ||||||
2 | the Making Home Affordable Program on or before December 31, | ||||||
3 | 2012. | ||||||
4 | (e) Deficiency Judgment. In any order confirming a sale | ||||||
5 | pursuant to the
judgment of foreclosure, the court shall also | ||||||
6 | enter a personal judgment
for deficiency against any party (i) | ||||||
7 | if otherwise authorized and (ii) to
the extent requested in the | ||||||
8 | complaint and proven upon presentation of the
report of sale in | ||||||
9 | accordance with Section 15-1508. Except as otherwise provided
| ||||||
10 | in this Article, a judgment may be entered for any balance of | ||||||
11 | money that
may be found due to the plaintiff, over and above | ||||||
12 | the proceeds of the sale
or sales, and enforcement may be had | ||||||
13 | for the collection of such balance,
the same as when the | ||||||
14 | judgment is solely for the payment of money. Such
judgment may | ||||||
15 | be entered, or enforcement had,
only in cases where personal | ||||||
16 | service has been had upon the
persons personally liable for the | ||||||
17 | mortgage indebtedness, unless they have
entered their | ||||||
18 | appearance in the foreclosure action. | ||||||
19 | (f) Satisfaction. Upon confirmation of the sale, the
| ||||||
20 | judgment stands satisfied to the extent of the sale price less | ||||||
21 | expenses and
costs. If the order confirming the sale includes a | ||||||
22 | deficiency judgment, the
judgment shall become a lien in the | ||||||
23 | manner of any other
judgment for the payment of money. | ||||||
24 | (g) The order confirming the sale shall include, | ||||||
25 | notwithstanding any
previous orders awarding possession during | ||||||
26 | the pendency of the foreclosure, an
award to the purchaser of |
| |||||||
| |||||||
1 | possession of the mortgaged real estate, as of the
date 30 days | ||||||
2 | after the entry of the order, against the
parties to the | ||||||
3 | foreclosure whose interests have been terminated. | ||||||
4 | An order of possession authorizing the removal of a person | ||||||
5 | from possession
of the mortgaged real estate shall be entered | ||||||
6 | and enforced only against those
persons personally
named as | ||||||
7 | individuals in the complaint or the petition under subsection | ||||||
8 | (h)
of Section 15-1701 and in the order of possession and shall
| ||||||
9 | not be entered and enforced against any person who is only | ||||||
10 | generically
described as an
unknown owner or nonrecord claimant | ||||||
11 | or by another generic designation in the
complaint. | ||||||
12 | Notwithstanding the preceding paragraph, the failure to | ||||||
13 | personally
name,
include, or seek an award of
possession of the | ||||||
14 | mortgaged real estate against a person in the
confirmation | ||||||
15 | order shall not abrogate any right that the purchaser may have | ||||||
16 | to
possession of the mortgaged real estate and to maintain a | ||||||
17 | proceeding against
that person for
possession under Article 9 | ||||||
18 | of this Code or subsection (h) of Section 15-1701;
and | ||||||
19 | possession against a person
who (1) has not been personally | ||||||
20 | named as a party to the
foreclosure and (2) has not been | ||||||
21 | provided an opportunity to be heard in the
foreclosure | ||||||
22 | proceeding may be sought only by maintaining a
proceeding under | ||||||
23 | Article 9 of this
Code or subsection (h) of Section 15-1701. | ||||||
24 | (h) With respect to mortgaged real estate containing 5 or | ||||||
25 | more dwelling units, the order confirming the sale shall also | ||||||
26 | provide that (i) the mortgagor shall transfer to the purchaser |
| |||||||
| |||||||
1 | the security deposits, if any, that the mortgagor received to | ||||||
2 | secure payment of rent or to compensate for damage to the | ||||||
3 | mortgaged real estate from any current occupant of a dwelling | ||||||
4 | unit of the mortgaged real estate, as well as any statutory | ||||||
5 | interest that has not been paid to the occupant, and (ii) the | ||||||
6 | mortgagor shall provide an accounting of the security deposits | ||||||
7 | that are transferred, including the name and address of each | ||||||
8 | occupant for whom the mortgagor holds the deposit and the | ||||||
9 | amount of the deposit and any statutory interest. | ||||||
10 | (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10; | ||||||
11 | 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff. | ||||||
12 | 8-26-11.)
| ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|