Synopsis As Introduced Amends the Code of Civil Procedure. Adds to the mortgage foreclosure provisions a definition of "abandoned residential property". Provides requirement and procedures for an expedited judgment and sale of abandoned residential property. Provides that the period of redemption ends for abandoned residential property on the date of the judgment confirming the judicial sale. Makes other changes. Effective immediately.
Senate Floor Amendment No. 2 Makes numerous changes in the conditions listed in the definition of "abandoned residential property". Sets forth criteria under which property shall not be considered abandoned residential property. Makes numerous changes in the expedited judgment and sale procedure for abandoned residential property. Makes conforming changes elsewhere in the bill.
Replaces everything after the enacting clause with provisions substantially similar to the amended bill except that it includes the following provisions. Amends the Criminal Code of 1961. In the provisions creating the offense of criminal trespass to real property adds that the offense includes the intentional removal of a notice posted on abandoned residential real estate, but also provides that a mortgagee or a mortgagee's agent shall be exempt from prosecution from criminal trespass for securing abandoned residential real estate and shall not be liable in a civil action for negligence or civil trespass. Defines "abandoned residential property" as residential real estate that: (a) is not occupied by any mortgagor or lawful occupant as a residence or contains a structure that is uninhabited and needs to be repaired; and (b) the property has 2 or more (instead of one or more) of these characteristics: uncompleted construction has not resumed for at least 6 months; the property was stripped of copper or other materials or interior fixtures; it was legally declared unfit for occupancy; doors or windows are broken; law enforcement officials have received a report of illegal activity on the property; utility services to the property have been terminated; a clear intent to abandon the property is evident; written documents exist which indicate an intent to abandon the property; or it is open, unprotected, and in danger of suffering damage; or the real estate is a residential vacant lot in need of repair. Provides that an affidavit required to be filed by the mortgagee shall state, among other things, that upon information and belief of the mortgagee by the mortgagee, the property is not occupied by any mortgagor or lawful occupant (instead of by any mortgagor or bona fide tenant) as a principal residence. Deletes provisions stating that the mortgagee shall be responsible for repairs or other maintenance to abandoned residential property if the mortgagee purchases the property at the foreclosure sale and the sale is confirmed by the court. Renumbers a provision to provide that a $250 filing fee must be paid by the plaintiff at the time of filing a foreclosure complaint. Provides that the court clerk shall pay such funds to the State Treasury for deposit into the Abandoned Residential Property Municipality Relief Fund. Deletes provisions that provide that upon and at the judicial sale of foreclosed residential real estate, the purchaser (subject to provisions involving mortgagees) shall pay to the person conducting the sale a fee according to a specified formula for deposit into the Abandoned Residential Property Municipality Relief Fund and disbursement to the clerk of the court. Provides that a notice of a hearing to confirm a sale of abandoned residential property shall be made by first-class mail to the last known address of the mortgagor. Provides that a lawful occupant may appear at the hearing with a non-attorney who may assist, but not represent, the occupant. Provides that a motion for an order to confirm a sale of abandoned residential property shall be heard by the court at the earliest practicable time. Provides that for abandoned residential property, the redemption period shall end on the date of and immediately prior to the judicial sale (instead of shall end on the date that the judgment of foreclosure is entered). Repeals provisions concerning judicial sale fee for Abandoned Residential Property Municipality Relief Fund. Makes other changes. Effective immediately.