Bill Status of SB1355  97th General Assembly


Short Description:  FORECLOSURE-LOCAL GOVT NOTICE

Senate Sponsors
Sen. Dan Kotowski - Kirk W. Dillard

House Sponsors
(Rep. Tom Cross - Angelo Saviano - Dwight Kay - Jil Tracy - JoAnn D. Osmond and Thomas Morrison)

Last Action
DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/15-1503from Ch. 110, par. 15-1503
735 ILCS 5/15-1508from Ch. 110, par. 15-1508


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that a copy of the notice of foreclosure of residential real estate shall be sent to the municipality or county in which the property is located by first class mail (instead of sent pursuant to the Code of Civil Procedure). Provides that the mortgagee, judgment creditor, or other lien holder shall furnish the confirmation order to the last-known insurer of a residential building in writing by first-class mail after the mortgagee, judgment creditor, or lien holder becomes the mortgagee-in-possession. Provides that the failure to send or receive a copy of the order does not affect the rights of the mortgagee or purchaser or affect the foreclosure proceedings. Makes other changes. Effective immediately.

House Floor Amendment No. 3
Deletes reference to:
735 ILCS 5/5-1503
735 ILCS 5/5-1508
Adds reference to:
735 ILCS 5/2-1306 new

Deletes everything after the enacting clause. Amends the Code of Civil Procedure. Provides that in civil litigation under any legal theory involving a signatory, a successor to a signatory, or a parent or an affiliate of a signatory to the Master Settlement Agreement described in a designated provision of the State Finance Act, execution of the judgment shall be stayed during appellate review upon the posting of a supersedeas bond or other form of security set in accordance with law or court rules, except that the total supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $250,000,000, regardless of the judgment amount, provided that appellants file at least 30% of the total amount in the form of cash or other cash equivalent with the court. Provides that if an appellee proves that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total judgment amount. Provides that these provisions apply to pending actions as well as actions commenced on or after the effective date, and to judgments entered or reinstated on or after its effective date. Effective immediately.

 Correctional Note, House Floor Amendment No. 3 (Dept of Corrections)
 There are no penalty enhancements associated with SB 1355 (H-AM 3). The bill would have no fiscal or population impact on the Department.

Actions 
DateChamber Action
  2/8/2011SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/8/2011SenateFirst Reading
  2/8/2011SenateReferred to Assignments
  3/2/2011SenateAssigned to Judiciary
  3/10/2011SenateDo Pass Judiciary; 007-000-000
  3/10/2011SenatePlaced on Calendar Order of 2nd Reading March 14, 2011
  3/29/2011SenateSecond Reading
  3/29/2011SenatePlaced on Calendar Order of 3rd Reading March 30, 2011
  3/31/2011SenateThird Reading - Passed; 054-000-000
  3/31/2011HouseArrived in House
  3/31/2011HousePlaced on Calendar Order of First Reading
  3/31/2011HouseChief House Sponsor Rep. Elaine Nekritz
  3/31/2011HouseFirst Reading
  3/31/2011HouseReferred to Rules Committee
  4/11/2011HouseAssigned to Executive Committee
  5/3/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  5/3/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/13/2011HouseCommittee Deadline Extended-Rule 9(b) May 20, 2011
  5/16/2011HouseRe-assigned to Judiciary I - Civil Law Committee
  5/16/2011HouseMotion Filed to Suspend Rule 25 Judiciary I - Civil Law Committee; Rep. Barbara Flynn Currie
  5/16/2011HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  5/20/2011HouseFinal Action Deadline Extended-9(b) May 27, 2011
  5/23/2011HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  5/23/2011HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/25/2011HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  5/25/2011HouseAdded Alternate Chief Co-Sponsor Rep. André M. Thapedi
  5/25/2011HouseAlternate Chief Co-Sponsor Removed Rep. André M. Thapedi
  5/27/2011HouseFinal Action Deadline Extended-9(b) May 31, 2011
  5/30/2011HouseAdded Alternate Chief Co-Sponsor Rep. Angelo Saviano
  5/31/2011HouseRule 19(a) / Re-referred to Rules Committee
  5/31/2011HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  5/31/2011HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/16/2012HouseCommittee Deadline Extended-Rule 9(b) May 18, 2012
  5/16/2012HouseAssigned to Judiciary I - Civil Law Committee
  5/18/2012HouseFinal Action Deadline Extended-9(b) May 29, 2012
  5/24/2012HouseMotion Filed to Suspend Rule 25 Judiciary I - Civil Law Committee; Rep. Barbara Flynn Currie
  5/24/2012HouseMotion to Suspend Rule 25 - Prevailed by Voice Vote
  5/24/2012HouseAlternate Chief Sponsor Changed to Rep. Tom Cross
  5/24/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 010-000-000
  5/24/2012HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2012HouseSecond Reading - Short Debate
  5/24/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  5/25/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Tom Cross
  5/25/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/25/2012HouseHouse Floor Amendment No. 3 Rules Refers to Executive Committee
  5/25/2012HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Balanced Budget Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Correctional Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Home Rule Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Housing Affordability Impact Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Judicial Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Land Conveyance Appraisal Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Pension Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 State Debt Impact Note Requested as Amended by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 011-000-000
  5/25/2012HouseHouse Floor Amendment No. 3 Fiscal Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Balanced Budget Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Correctional Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Home Rule Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Housing Affordability Impact Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Judicial Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Land Conveyance Appraisal Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 Pension Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseHouse Floor Amendment No. 3 State Debt Impact Note Requested as Amended - Withdrawn by Rep. André M. Thapedi
  5/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. Dwight Kay
  5/25/2012HouseHouse Floor Amendment No. 3 Correctional Note Filed as Amended
  5/25/2012HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/25/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. Jil Tracy
  5/25/2012HouseAdded Alternate Chief Co-Sponsor Rep. JoAnn D. Osmond
  5/25/2012HouseAdded Alternate Co-Sponsor Rep. Thomas Morrison
  5/25/2012HouseThird Reading - Short Debate - Passed 071-040-001
  5/28/2012SenateSecretary's Desk - Concurrence House Amendment(s) 3
  5/28/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 3 - May 29, 2012
  5/28/2012SenateChief Sponsor Changed to Sen. Dan Kotowski
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Dan Kotowski
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments
  5/28/2012SenateHouse Floor Amendment No. 3 Motion to Concur Assignments Referred to Judiciary
  5/29/2012SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard
  5/29/2012SenateHouse Floor Amendment No. 3 Motion to Concur Postponed Judiciary
  7/1/2012SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  7/1/2012SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).
  11/27/2012SenateApproved for Consideration Assignments
  11/27/2012SenatePlaced on Calendar Order of Concurrence House Amendment(s) 3 - November 28, 2012
  1/8/2013SenateSession Sine Die