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Full Text of SB2534  97th General Assembly

SB2534eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB2534 EngrossedLRB097 14747 AJO 59760 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 21-3 as follows:
 
6    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
7    Sec. 21-3. Criminal trespass to real property.
8    (a) Except as provided in subsection (a-5), whoever:
9        (1) knowingly and without lawful authority enters or
10    remains within or on a building; or
11        (2) enters upon the land of another, after receiving,
12    prior to such entry, notice from the owner or occupant that
13    such entry is forbidden; or
14        (3) remains upon the land of another, after receiving
15    notice from the owner or occupant to depart; or
16        (3.5) presents false documents or falsely represents
17    his or her identity orally to the owner or occupant of a
18    building or land in order to obtain permission from the
19    owner or occupant to enter or remain in the building or on
20    the land; or
21        (4) intentionally removes a notice posted on
22    residential real estate as required by subsection (l) of
23    Section 15-1505.8 of Article XV of the Code of Civil

 

 

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1    Procedure before the date and time set forth in the notice;
2commits a Class B misdemeanor.
3    For purposes of item (1) of this subsection, this Section
4shall not apply to being in a building which is open to the
5public while the building is open to the public during its
6normal hours of operation; nor shall this Section apply to a
7person who enters a public building under the reasonable belief
8that the building is still open to the public.
9    (a-5) Except as otherwise provided in this subsection,
10whoever enters upon any of the following areas in or on a motor
11vehicle (including an off-road vehicle, motorcycle, moped, or
12any other powered two-wheel vehicle) after receiving, prior to
13that entry, notice from the owner or occupant that the entry is
14forbidden or remains upon or in the area after receiving notice
15from the owner or occupant to depart commits a Class A
16misdemeanor:
17        (1) A field that is used for growing crops or that is
18    capable of being used for growing crops.
19        (2) An enclosed area containing livestock.
20        (3) An orchard.
21        (4) A barn or other agricultural building containing
22    livestock.
23    (b) A person has received notice from the owner or occupant
24within the meaning of Subsection (a) if he has been notified
25personally, either orally or in writing including a valid court
26order as defined by subsection (7) of Section 112A-3 of the

 

 

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1Code of Criminal Procedure of 1963 granting remedy (2) of
2subsection (b) of Section 112A-14 of that Code, or if a printed
3or written notice forbidding such entry has been conspicuously
4posted or exhibited at the main entrance to such land or the
5forbidden part thereof.
6    (b-5) Subject to the provisions of subsection (b-10), as an
7alternative to the posting of real property as set forth in
8subsection (b), the owner or lessee of any real property may
9post the property by placing identifying purple marks on trees
10or posts around the area to be posted. Each purple mark shall
11be:
12        (1) A vertical line of at least 8 inches in length and
13    the bottom of the mark shall be no less than 3 feet nor
14    more than 5 feet high. Such marks shall be placed no more
15    than 100 feet apart and shall be readily visible to any
16    person approaching the property; or
17        (2) A post capped or otherwise marked on at least its
18    top 2 inches. The bottom of the cap or mark shall be not
19    less than 3 feet but not more than 5 feet 6 inches high.
20    Posts so marked shall be placed not more than 36 feet apart
21    and shall be readily visible to any person approaching the
22    property. Prior to applying a cap or mark which is visible
23    from both sides of a fence shared by different property
24    owners or lessees, all such owners or lessees shall concur
25    in the decision to post their own property.
26    Nothing in this subsection (b-5) shall be construed to

 

 

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1authorize the owner or lessee of any real property to place any
2purple marks on any tree or post or to install any post or
3fence if doing so would violate any applicable law, rule,
4ordinance, order, covenant, bylaw, declaration, regulation,
5restriction, contract, or instrument.
6    (b-10) Any owner or lessee who marks his or her real
7property using the method described in subsection (b-5) must
8also provide notice as described in subsection (b) of this
9Section. The public of this State shall be informed of the
10provisions of subsection (b-5) of this Section by the Illinois
11Department of Agriculture and the Illinois Department of
12Natural Resources. These Departments shall conduct an
13information campaign for the general public concerning the
14interpretation and implementation of subsection (b-5). The
15information shall inform the public about the marking
16requirements and the applicability of subsection (b-5)
17including information regarding the size requirements of the
18markings as well as the manner in which the markings shall be
19displayed. The Departments shall also include information
20regarding the requirement that, until the date this subsection
21becomes inoperative, any owner or lessee who chooses to mark
22his or her property using paint, must also comply with one of
23the notice requirements listed in subsection (b). The
24Departments may prepare a brochure or may disseminate the
25information through agency websites. Non-governmental
26organizations including, but not limited to, the Illinois

 

 

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1Forestry Association, Illinois Tree Farm and the Walnut Council
2may help to disseminate the information regarding the
3requirements and applicability of subsection (b-5) based on
4materials provided by the Departments. This subsection (b-10)
5is inoperative on and after January 1, 2013.
6    (b-15) Subsections (b-5) and (b-10) do not apply to real
7property located in a municipality of over 2,000,000
8inhabitants.
9    (c) This Section does not apply to any person, whether a
10migrant worker or otherwise, living on the land with permission
11of the owner or of his agent having apparent authority to hire
12workers on such land and assign them living quarters or a place
13of accommodations for living thereon, nor to anyone living on
14such land at the request of, or by occupancy, leasing or other
15agreement or arrangement with the owner or his agent, nor to
16anyone invited by such migrant worker or other person so living
17on such land to visit him at the place he is so living upon the
18land.
19    (d) A person shall be exempt from prosecution under this
20Section if he beautifies unoccupied and abandoned residential
21and industrial properties located within any municipality. For
22the purpose of this subsection, "unoccupied and abandoned
23residential and industrial property" means any real estate (1)
24in which the taxes have not been paid for a period of at least 2
25years; and (2) which has been left unoccupied and abandoned for
26a period of at least one year; and "beautifies" means to

 

 

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1landscape, clean up litter, or to repair dilapidated conditions
2on or to board up windows and doors.
3    (e) No person shall be liable in any civil action for money
4damages to the owner of unoccupied and abandoned residential
5and industrial property which that person beautifies pursuant
6to subsection (d) of this Section.
7    (e-5) (i) A mortgagee or agent of the mortgagee shall be
8exempt from prosecution for criminal trespass for entering,
9securing, or maintaining an abandoned residential property.
10        (ii) No mortgagee or agent of the mortgagee shall be
11    liable to the mortgagor or other owner of an abandoned
12    residential property in any civil action for negligence or
13    civil trespass in connection with entering, securing, or
14    maintaining the abandoned residential property.
15        (iii) For the purpose of this subsection (e-5) only,
16    "abandoned residential property" means mortgaged real
17    estate that the mortgagee or agent of the mortgagee
18    determines in good faith meets the definition of abandoned
19    residential property set forth in Section 15-1200.5 of
20    Article XV of the Code of Civil Procedure.
21    (f) This Section does not prohibit a person from entering a
22building or upon the land of another for emergency purposes.
23For purposes of this subsection (f), "emergency" means a
24condition or circumstance in which an individual is or is
25reasonably believed by the person to be in imminent danger of
26serious bodily harm or in which property is or is reasonably

 

 

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1believed to be in imminent danger of damage or destruction.
2    (g) Paragraph (3.5) of subsection (a) does not apply to a
3peace officer or other official of a unit of government who
4enters a building or land in the performance of his or her
5official duties.
6    (h) A person may be liable in any civil action for money
7damages to the owner of the land he or she entered upon with a
8motor vehicle as prohibited under subsection (a-5) of this
9Section. A person may also be liable to the owner for court
10costs and reasonable attorney's fees. The measure of damages
11shall be: (i) the actual damages, but not less than $250, if
12the vehicle is operated in a nature preserve or registered area
13as defined in Sections 3.11 and 3.14 of the Illinois Natural
14Areas Preservation Act; (ii) twice the actual damages if the
15owner has previously notified the person to cease trespassing;
16or (iii) in any other case, the actual damages, but not less
17than $50. If the person operating the vehicle is under the age
18of 16, the owner of the vehicle and the parent or legal
19guardian of the minor are jointly and severally liable. For the
20purposes of this subsection (h):
21        "Land" includes, but is not limited to, land used for
22    crop land, fallow land, orchard, pasture, feed lot, timber
23    land, prairie land, mine spoil nature preserves and
24    registered areas. "Land" does not include driveways or
25    private roadways upon which the owner allows the public to
26    drive.

 

 

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1        "Owner" means the person who has the right to
2    possession of the land, including the owner, operator or
3    tenant.
4        "Vehicle" has the same meaning as provided under
5    Section 1-217 of the Illinois Vehicle Code.
6    (i) This Section does not apply to the following persons
7while serving process:
8        (1) a person authorized to serve process under Section
9    2-202 of the Code of Civil Procedure; or
10        (2) a special process server appointed by the circuit
11    court.
12(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
13revised 9-14-11.)
 
14    Section 10. The Code of Civil Procedure is amended by
15changing Sections 15-1219, 15-1504, and 15-1508, changing and
16renumbering Section 15-1507.1, and by adding Sections
1715-1200.5, 15-1200.7, and 15-1505.8 as follows:
 
18    (735 ILCS 5/15-1200.5 new)
19    Sec. 15-1200.5. Abandoned residential property. "Abandoned
20residential property" means residential real estate that:
21    (a) either:
22        (1) is not occupied by any mortgagor or lawful occupant
23    as a principal residence; or
24        (2) contains an incomplete structure if the real estate

 

 

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1    is zoned for residential development, where the structure
2    is empty or otherwise uninhabited and is in need of
3    maintenance, repair, or securing; and
4    (b) with respect to which either:
5        (1) two or more of the following conditions are shown
6    to exist:
7            (A) construction was initiated on the property and
8        was discontinued prior to completion, leaving a
9        building unsuitable for occupancy, and no construction
10        has taken place for at least 6 months;
11            (B) multiple windows on the property are boarded up
12        or closed off or are smashed through, broken off, or
13        unhinged, or multiple window panes are broken and
14        unrepaired;
15            (C) doors on the property are smashed through,
16        broken off, unhinged, or continuously unlocked;
17            (D) the property has been stripped of copper or
18        other materials, or interior fixtures to the property
19        have been removed;
20            (E) gas, electrical, or water services to the
21        entire property have been terminated;
22            (F) there exist one or more written statements of
23        the mortgagor or the mortgagor's personal
24        representative or assigns, including documents of
25        conveyance, which indicate a clear intent to abandon
26        the property;

 

 

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1            (G) law enforcement officials have received at
2        least one report of trespassing or vandalism or other
3        illegal acts being committed at the property in the
4        last 6 months;
5            (H) the property has been declared unfit for
6        occupancy and ordered to remain vacant and unoccupied
7        under an order issued by a municipal or county
8        authority or a court of competent jurisdiction;
9            (I) the local police, fire, or code enforcement
10        authority has requested the owner or other interested
11        or authorized party to secure or winterize the property
12        due to the local authority declaring the property to be
13        an imminent danger to the health, safety, and welfare
14        of the public;
15            (J) the property is open and unprotected and in
16        reasonable danger of significant damage due to
17        exposure to the elements, vandalism, or freezing; or
18            (K) there exists other evidence indicating a clear
19        intent to abandon the property; or
20        (2) the real estate is zoned for residential
21    development and is a vacant lot that is in need of
22    maintenance, repair, or securing.
 
23    (735 ILCS 5/15-1200.7 new)
24    Sec. 15-1200.7. Abandoned residential property;
25exceptions. A property shall not be considered abandoned

 

 

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1residential property if: (i) there is an unoccupied building
2which is undergoing construction, renovation, or
3rehabilitation that is proceeding diligently to completion,
4and the building is in substantial compliance with all
5applicable ordinances, codes, regulations, and laws; (ii)
6there is a building occupied on a seasonal basis, but otherwise
7secure; (iii) there is a secure building on which there are
8bona fide rental or sale signs; (iv) there is a building that
9is secure, but is the subject of a probate action, action to
10quiet title, or other ownership dispute; or (v) there is a
11building that is otherwise secure and in substantial compliance
12with all applicable ordinances, codes, regulations and laws.
 
13    (735 ILCS 5/15-1219)  (from Ch. 110, par. 15-1219)
14    Sec. 15-1219. Residential Real Estate. "Residential real
15estate" means any real estate, except a single tract of
16agricultural real estate consisting of more than 40 acres,
17which is improved with a single family residence or residential
18condominium units or a multiple dwelling structure containing
19single family dwelling units for six or fewer families living
20independently of each other, which residence, or at least one
21of which condominium or dwelling units, is occupied as a
22principal residence either (i) if a mortgagor is an individual,
23by that mortgagor, that mortgagor's spouse or that mortgagor's
24descendants, or (ii) if a mortgagor is a trustee of a trust or
25an executor or administrator of an estate, by a beneficiary of

 

 

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1that trust or estate or by such beneficiary's spouse or
2descendants or (iii) if a mortgagor is a corporation, by
3persons owning collectively at least 50 percent of the shares
4of voting stock of such corporation or by a spouse or
5descendants of such persons. The use of a portion of
6residential real estate for non-residential purposes shall not
7affect the characterization of such real estate as residential
8real estate. For purposes of the definition of the term
9"abandoned residential property" in Section 15-1200.5 of this
10Article, "abandoned residential property" shall not include
11the requirement that the real estate be occupied, or if zoned
12for residential development, improved with a dwelling
13structure.
14(Source: P.A. 85-907.)
 
15    (735 ILCS 5/15-1504)  (from Ch. 110, par. 15-1504)
16    Sec. 15-1504. Pleadings and service.
17    (a) Form of Complaint. A foreclosure complaint may be in
18substantially the following form:
19        (1) Plaintiff files this complaint to foreclose the
20    mortgage (or other conveyance in the nature of a mortgage)
21    (hereinafter called "mortgage") hereinafter described and
22    joins the following person as defendants: (here insert
23    names of all defendants).
24        (2) Attached as Exhibit "A" is a copy of the mortgage
25    and as Exhibit "B" is a copy of the note secured thereby.

 

 

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1        (3) Information concerning mortgage:
2            (A) Nature of instrument: (here insert whether a
3        mortgage, trust deed or other instrument in the nature
4        of a mortgage, etc.)
5            (B) Date of mortgage:
6            (C) Name of mortgagor:
7            (D) Name of mortgagee:
8            (E) Date and place of recording:
9            (F) Identification of recording: (here insert book
10        and page number or document number)
11            (G) Interest subject to the mortgage: (here insert
12        whether fee simple, estate for years, undivided
13        interest, etc.)
14            (H) Amount of original indebtedness, including
15        subsequent advances made under the mortgage:
16            (I) Both the legal description of the mortgaged
17        real estate and the common address or other information
18        sufficient to identify it with reasonable certainty:
19            (J) Statement as to defaults, including, but not
20        necessarily limited to, date of default, current
21        unpaid principal balance, per diem interest accruing,
22        and any further information concerning the default:
23            (K) Name of present owner of the real estate:
24            (L) Names of other persons who are joined as
25        defendants and whose interest in or lien on the
26        mortgaged real estate is sought to be terminated:

 

 

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1            (M) Names of defendants claimed to be personally
2        liable for deficiency, if any:
3            (N) Capacity in which plaintiff brings this
4        foreclosure (here indicate whether plaintiff is the
5        legal holder of the indebtedness, a pledgee, an agent,
6        the trustee under a trust deed or otherwise, as
7        appropriate):
8            (O) Facts in support of redemption period shorter
9        than the longer of (i) 7 months from the date the
10        mortgagor or, if more than one, all the mortgagors (I)
11        have been served with summons or by publication or (II)
12        have otherwise submitted to the jurisdiction of the
13        court, or (ii) 3 months from the entry of the judgment
14        of foreclosure, if sought (here indicate whether based
15        upon the real estate not being residential,
16        abandonment, or real estate value less than 90% of
17        amount owed, etc.):
18            (P) Statement that the right of redemption has been
19        waived by all owners of redemption, if applicable:
20            (Q) Facts in support of request for attorneys' fees
21        and of costs and expenses, if applicable:
22            (R) Facts in support of a request for appointment
23        of mortgagee in possession or for appointment of
24        receiver, and identity of such receiver, if sought:
25            (S) Offer to mortgagor in accordance with Section
26        15-1402 to accept title to the real estate in

 

 

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1        satisfaction of all indebtedness and obligations
2        secured by the mortgage without judicial sale, if
3        sought:
4            (T) Name or names of defendants whose right to
5        possess the mortgaged real estate, after the
6        confirmation of a foreclosure sale, is sought to be
7        terminated and, if not elsewhere stated, the facts in
8        support thereof:
 
9
REQUEST FOR RELIEF
10    Plaintiff requests:
11        (i) A judgment of foreclosure and sale.
12        (ii) An order granting a shortened redemption period,
13    if sought.
14        (iii) A personal judgment for a deficiency, if sought.
15        (iv) An order granting possession, if sought.
16        (v) An order placing the mortgagee in possession or
17    appointing a receiver, if sought.
18        (vi) A judgment for attorneys' fees, costs and
19    expenses, if sought.
20    (b) Required Information. A foreclosure complaint need
21contain only such statements and requests called for by the
22form set forth in subsection (a) of Section 15-1504 as may be
23appropriate for the relief sought. Such complaint may be filed
24as a counterclaim, may be joined with other counts or may
25include in the same count additional matters or a request for

 

 

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1any additional relief permitted by Article II of the Code of
2Civil Procedure.
3    (c) Allegations. The statements contained in a complaint in
4the form set forth in subsection (a) of Section 15-1504 are
5deemed and construed to include allegations as follows:
6        (1) on the date indicated the obligor of the
7    indebtedness or other obligations secured by the mortgage
8    was justly indebted in the amount of the indicated original
9    indebtedness to the original mortgagee or payee of the
10    mortgage note;
11        (2) that the exhibits attached are true and correct
12    copies of the mortgage and note and are incorporated and
13    made a part of the complaint by express reference;
14        (3) that the mortgagor was at the date indicated an
15    owner of the interest in the real estate described in the
16    complaint and that as of that date made, executed and
17    delivered the mortgage as security for the note or other
18    obligations;
19        (4) that the mortgage was recorded in the county in
20    which the mortgaged real estate is located, on the date
21    indicated, in the book and page or as the document number
22    indicated;
23        (5) that defaults occurred as indicated;
24        (6) that at the time of the filing of the complaint the
25    persons named as present owners are the owners of the
26    indicated interests in and to the real estate described;

 

 

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1        (7) that the mortgage constitutes a valid, prior and
2    paramount lien upon the indicated interest in the mortgaged
3    real estate, which lien is prior and superior to the right,
4    title, interest, claim or lien of all parties and nonrecord
5    claimants whose interests in the mortgaged real estate are
6    sought to be terminated;
7        (8) that by reason of the defaults alleged, if the
8    indebtedness has not matured by its terms, the same has
9    become due by the exercise, by the plaintiff or other
10    persons having such power, of a right or power to declare
11    immediately due and payable the whole of all indebtedness
12    secured by the mortgage;
13        (9) that any and all notices of default or election to
14    declare the indebtedness due and payable or other notices
15    required to be given have been duly and properly given;
16        (10) that any and all periods of grace or other period
17    of time allowed for the performance of the covenants or
18    conditions claimed to be breached or for the curing of any
19    breaches have expired;
20        (11) that the amounts indicated in the statement in the
21    complaint are correctly stated and if such statement
22    indicates any advances made or to be made by the plaintiff
23    or owner of the mortgage indebtedness, that such advances
24    were, in fact, made or will be required to be made, and
25    under and by virtue of the mortgage the same constitute
26    additional indebtedness secured by the mortgage; and

 

 

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1        (12) that, upon confirmation of the sale, the holder of
2    the certificate of sale or deed issued pursuant to that
3    certificate or, if no certificate or deed was issued, the
4    purchaser at the sale will be entitled to full possession
5    of the mortgaged real estate against the parties named in
6    clause (T) of paragraph (3) of subsection (a) of Section
7    15-1504 or elsewhere to the same effect; the omission of
8    any party indicates that plaintiff will not seek a
9    possessory order in the order confirming sale unless the
10    request is subsequently made under subsection (h) of
11    Section 15-1701 or by separate action under Article 9 of
12    this Code.
13    (d) Request for Fees and Costs. A statement in the
14complaint that plaintiff seeks the inclusion of attorneys' fees
15and of costs and expenses shall be deemed and construed to
16include allegations that:
17        (1) plaintiff has been compelled to employ and retain
18    attorneys to prepare and file the complaint and to
19    represent and advise the plaintiff in the foreclosure of
20    the mortgage and the plaintiff will thereby become liable
21    for the usual, reasonable and customary fees of the
22    attorneys in that behalf;
23        (2) that the plaintiff has been compelled to advance or
24    will be compelled to advance, various sums of money in
25    payment of costs, fees, expenses and disbursements
26    incurred in connection with the foreclosure, including,

 

 

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1    without limiting the generality of the foregoing, filing
2    fees, stenographer's fees, witness fees, costs of
3    publication, costs of procuring and preparing documentary
4    evidence and costs of procuring abstracts of title, Torrens
5    certificates, foreclosure minutes and a title insurance
6    policy;
7        (3) that under the terms of the mortgage, all such
8    advances, costs, attorneys' fees and other fees, expenses
9    and disbursements are made a lien upon the mortgaged real
10    estate and the plaintiff is entitled to recover all such
11    advances, costs, attorneys' fees, expenses and
12    disbursements, together with interest on all advances at
13    the rate provided in the mortgage, or, if no rate is
14    provided therein, at the statutory judgment rate, from the
15    date on which such advances are made;
16        (4) that in order to protect the lien of the mortgage,
17    it may become necessary for plaintiff to pay taxes and
18    assessments which have been or may be levied upon the
19    mortgaged real estate;
20        (5) that in order to protect and preserve the mortgaged
21    real estate, it may also become necessary for the plaintiff
22    to pay liability (protecting mortgagor and mortgagee),
23    fire and other hazard insurance premiums on the mortgaged
24    real estate, make such repairs to the mortgaged real estate
25    as may reasonably be deemed necessary for the proper
26    preservation thereof, advance for costs to inspect the

 

 

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1    mortgaged real estate or to appraise it, or both, and
2    advance for premiums for pre-existing private or
3    governmental mortgage insurance to the extent required
4    after a foreclosure is commenced in order to keep such
5    insurance in force; and
6        (6) that under the terms of the mortgage, any money so
7    paid or expended will become an additional indebtedness
8    secured by the mortgage and will bear interest from the
9    date such monies are advanced at the rate provided in the
10    mortgage, or, if no rate is provided, at the statutory
11    judgment rate.
12    (e) Request for Foreclosure. The request for foreclosure is
13deemed and construed to mean that the plaintiff requests that:
14        (1) an accounting may be taken under the direction of
15    the court of the amounts due and owing to the plaintiff;
16        (2) that the defendants be ordered to pay to the
17    plaintiff before expiration of any redemption period (or,
18    if no redemption period, before a short date fixed by the
19    court) whatever sums may appear to be due upon the taking
20    of such account, together with attorneys' fees and costs of
21    the proceedings (to the extent provided in the mortgage or
22    by law);
23        (3) that in default of such payment in accordance with
24    the judgment, the mortgaged real estate be sold as directed
25    by the court, to satisfy the amount due to the plaintiff as
26    set forth in the judgment, together with the interest

 

 

SB2534 Engrossed- 21 -LRB097 14747 AJO 59760 b

1    thereon at the statutory judgment rate from the date of the
2    judgment;
3        (4) that in the event the plaintiff is a purchaser of
4    the mortgaged real estate at such sale, the plaintiff may
5    offset against the purchase price of such real estate the
6    amounts due under the judgment of foreclosure and order
7    confirming the sale;
8        (5) that in the event of such sale and the failure of
9    any person entitled thereto to redeem prior to such sale
10    pursuant to this Article, the defendants made parties to
11    the foreclosure in accordance with this Article, and all
12    nonrecord claimants given notice of the foreclosure in
13    accordance with this Article, and all persons claiming by,
14    through or under them, and each and any and all of them,
15    may be forever barred and foreclosed of any right, title,
16    interest, claim, lien, or right to redeem in and to the
17    mortgaged real estate; and
18        (6) that if no redemption is made prior to such sale, a
19    deed may be issued to the purchaser thereat according to
20    law and such purchaser be let into possession of the
21    mortgaged real estate in accordance with Part 17 of this
22    Article.
23    (f) Request for Deficiency Judgment. A request for a
24personal judgment for a deficiency in a foreclosure complaint
25if the sale of the mortgaged real estate fails to produce a
26sufficient amount to pay the amount found due, the plaintiff

 

 

SB2534 Engrossed- 22 -LRB097 14747 AJO 59760 b

1may have a personal judgment against any party in the
2foreclosure indicated as being personally liable therefor and
3the enforcement thereof be had as provided by law.
4    (g) Request for Possession or Receiver. A request for
5possession or appointment of a receiver has the meaning as
6stated in subsection (b) of Section 15-1706.
7    (h) Answers by Parties. Any party may assert its interest
8by counterclaim and such counterclaim may at the option of that
9party stand in lieu of answer to the complaint for foreclosure
10and all counter complaints previously or thereafter filed in
11the foreclosure. Any such counterclaim shall be deemed to
12constitute a statement that the counter claimant does not have
13sufficient knowledge to form a belief as to the truth or
14falsity of the allegations of the complaint and all other
15counterclaims, except to the extent that the counterclaim
16admits or specifically denies such allegations.
17(Source: P.A. 91-357, eff. 7-29-99.)
 
18    (735 ILCS 5/15-1504.3)
19    (Section scheduled to be repealed on March 2, 2016)
20    Sec. 15-1504.3 15-1507.1. Filing Judicial sale fee for
21Abandoned Residential Property Municipality Relief Fund.
22    (a) With respect to residential real estate, at the time of
23the filing of a foreclosure complaint, the plaintiff shall pay
24to the clerk of the court in which the foreclosure complaint is
25filed a fee of $250 Upon and at the sale of residential real

 

 

SB2534 Engrossed- 23 -LRB097 14747 AJO 59760 b

1estate under Section 15-1507, the purchaser shall pay to the
2person conducting the sale pursuant to Section 15-1507 a fee
3for deposit into the Abandoned Residential Property
4Municipality Relief Fund, a special fund created in the State
5treasury. The fee shall be calculated at the rate of $1 for
6each $1,000 or fraction thereof of the amount paid by the
7purchaser to the person conducting the sale, as reflected in
8the receipt of sale issued to the purchaser, provided that in
9no event shall the fee exceed $300. No fee shall be paid by the
10mortgagee acquiring the residential real estate pursuant to its
11credit bid at the sale or by any mortgagee, judgment creditor,
12or other lienor acquiring the residential real estate whose
13rights in and to the residential real estate arose prior to the
14sale. Upon confirmation of the sale under Section 15-1508, the
15person conducting the sale shall remit the fee to the clerk of
16the court in which the foreclosure case is pending. The clerk
17shall remit the fee to the State Treasurer as provided in this
18Section, to be expended for the purposes set forth in Section
197.31 of the Illinois Housing Development Act.
20    (b) All fees paid by plaintiffs to the clerk of the court
21purchasers as provided in this Section shall be disbursed
22within 60 days after receipt by the clerk of the court as
23follows: (i) 98% to the State Treasurer for deposit into the
24Abandoned Residential Property Municipality Relief Fund, and
25(ii) 2% to the clerk of the court for administrative expenses
26related to implementation of this Section.

 

 

SB2534 Engrossed- 24 -LRB097 14747 AJO 59760 b

1    (c) Not later than March 1 of each year, the clerk of the
2court shall submit to the Illinois Housing Development
3Authority a report of the funds collected and remitted pursuant
4to this Section during the preceding year pursuant to this
5Section.
6    (d) Subsections (a) and (b) of this Section shall become
7inoperative on January 1, 2016. This Section is repealed on
8March 2, 2016.
9(Source: P.A. 96-1419, eff. 10-1-10.)
 
10    (735 ILCS 5/15-1505.8 new)
11    Sec. 15-1505.8. Expedited judgment and sale procedure for
12abandoned residential property.
13    (a) Upon motion and notice, the mortgagee may elect to
14utilize the expedited judgment and sale procedure for abandoned
15residential property stated in this Section to obtain a
16judgment of foreclosure pursuant to Section 15-1506. The motion
17to expedite the judgment and sale may be combined with or made
18part of the motion requesting a judgment of foreclosure. The
19notice of the motion to expedite the judgment and sale shall be
20sent by first-class mail to the last known address of the
21mortgagor, and the notice required by paragraph (1) of
22subsection (l) of this Section shall be posted at the property
23address.
24    (b) The motion requesting an expedited judgment of
25foreclosure and sale may be filed by the mortgagee at the time

 

 

SB2534 Engrossed- 25 -LRB097 14747 AJO 59760 b

1the foreclosure complaint is filed or any time thereafter, and
2shall set forth the facts demonstrating that the mortgaged real
3estate is abandoned residential real estate under Section
415-1200.5 and shall be supported by affidavit.
5    (c) If a motion for an expedited judgment and sale is filed
6at the time the foreclosure complaint is filed or before the
7period to answer the foreclosure complaint has expired, the
8motion shall be heard by the court no earlier than before the
9period to answer the foreclosure complaint has expired and no
10later than 15 days after the period to answer the foreclosure
11complaint has expired.
12    (d) If a motion for an expedited judgment and sale is filed
13after the period to answer the foreclosure complaint has
14expired, the motion shall be heard no later than 15 days after
15the motion is filed.
16    (e) The hearing shall be given priority by the court and
17shall be scheduled to be heard within the applicable time
18period set forth in subsection (c) or (d) of this Section.
19    (f) Subject to subsection (g), at the hearing on the motion
20requesting an expedited judgment and sale, if the court finds
21that the mortgaged real estate is abandoned residential
22property, the court shall grant the motion and immediately
23proceed to a trial of the foreclosure. A judgment of
24foreclosure under this Section shall include the matters
25identified in Section 15-1506.
26    (g) The court may not grant the motion requesting an

 

 

SB2534 Engrossed- 26 -LRB097 14747 AJO 59760 b

1expedited judgment and sale if: (i) the mortgagor appears in
2the action in any manner before or at the hearing and objects
3to a finding of abandonment; (ii) a person other than the
4mortgagor appears at the hearing and presents evidence
5establishing to the satisfaction of the court that the
6mortgagor is working with, or making an attempt to work with,
7the mortgagee to modify the mortgage; or (iii) a person other
8than the mortgagor appears at the hearing and presents evidence
9establishing to the satisfaction of the court that the
10mortgagor or a lawful occupant has not abandoned the mortgaged
11real estate.
12    (h) The court shall vacate an order issued pursuant to
13subsection (f) of this Section if the mortgagor or a lawful
14occupant appears in the action at any time prior to the court
15issuing an order confirming the sale pursuant to subsection
16(b-3) of Section 15-1508 and presents evidence establishing to
17the satisfaction of the court that the mortgagor or lawful
18occupant has not abandoned the mortgaged real estate.
19    (i) The reinstatement period and redemption period for the
20abandoned residential property shall end in accordance with
21paragraph (4) of subsection (b) of Section 15-1603, and the
22abandoned residential property shall be sold at the earliest
23practicable time at a sale as provided in this Article.
24    (j) The mortgagee or its agent may enter, secure, and
25maintain abandoned residential property subject to subsection
26(e-5) of Section 21-3 of the Criminal Code of 1961.

 

 

SB2534 Engrossed- 27 -LRB097 14747 AJO 59760 b

1    (k) Personal property.
2        (1) Upon confirmation of the sale held pursuant to
3    Section 15-1507, any personal property remaining in or upon
4    the abandoned residential property shall be deemed to have
5    been abandoned by the owner of such personal property and
6    may be disposed of or donated by the holder of the
7    certificate of sale (or, if none, by the purchaser at the
8    sale). In the event of donation of any such personal
9    property, the holder of the certificate of sale (or, if
10    none, the purchaser at the sale) may transfer such donated
11    property with a bill of sale. No mortgagee or its
12    successors or assigns, holder of a certificate of sale, or
13    purchaser at the sale shall be liable for any such disposal
14    or donation of personal property.
15        (2) Notwithstanding paragraph (1) of this subsection
16    (k), in the event a lawful occupant is in possession of the
17    mortgaged real estate who has not been made a party to the
18    foreclosure and had his or her interests terminated
19    therein, any personal property of the lawful occupant shall
20    not be deemed to have been abandoned, nor shall the rights
21    of the lawful occupant to any personal property be
22    affected.
23    (l) Notices to be posted at property address.
24        (1) The notice set out in this paragraph (1) of this
25    subsection (l) shall be conspicuously posted at the
26    property address at least 14 days before the hearing on the

 

 

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1    motion requesting an expedited judgment and sale and shall
2    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

 
6A lawsuit has been filed to foreclose on this property, and the
7party asking to foreclose on this property has asked a judge to
8find that THIS PROPERTY IS ABANDONED.
 
9The judge will be holding a hearing to decide whether this
10property is ABANDONED.
 
11IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
12CHOOSE TO GO TO THIS HEARING and explain to the judge how you
13are a lawful occupant of this property.
 
14You also can ask any other person to go to this hearing for
15you, and this person does not have to be attorney. If you do
16have another person who is not an attorney go to this hearing
17for you, that person will not be authorized to represent you
18but could help explain to the judge how you are a lawful
19occupant of this property.
 
20If the judge is satisfied that you are a LAWFUL OCCUPANT of

 

 

SB2534 Engrossed- 29 -LRB097 14747 AJO 59760 b

1this property, the court will find that this property is NOT
2ABANDONED.
 
3This hearing will be held in the courthouse at the following
4address, date, and time:
 
5Court name:..................................................
6Court address:...............................................
7Court room number where hearing will be held:................
8(There should be a person in this room called a CLERK who can
9help you. Make sure you know THIS PROPERTY'S ADDRESS.)
10Date of hearing:.............................................
11Time of hearing:.............................................
 
12
MORE INFORMATION

 
13Name of lawsuit:.............................................
14Number of lawsuit:...........................................
15Address of this property:....................................
 
16
IMPORTANT

 
17This is NOT a notice to vacate the premises. You may wish to
18contact a lawyer or your local legal aid or housing counseling
19agency to discuss any rights that you may have.
 

 

 

SB2534 Engrossed- 30 -LRB097 14747 AJO 59760 b

1
WARNING

 
2INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
3STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
4UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
5LAW. 720 ILCS 5/21-3(a).
 
6
NO TRESPASSING

 
7KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
8CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
9FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).".
10        (2) The notice set out in this paragraph (2) of this
11    subsection (l) shall be conspicuously posted at the
12    property address at least 14 days before the hearing to
13    confirm the sale of the abandoned residential property and
14    shall be in boldface, in at least 12 font type, and in
15    substantially the following form:
 
16
"NOTICE TO ANY TENANT OR OTHER LAWFUL
17
OCCUPANT OF THIS PROPERTY

 
18A lawsuit has been filed to foreclose on this property, and the
19judge has found that THIS PROPERTY IS ABANDONED. As a result,
20THIS PROPERTY HAS BEEN OR WILL BE SOLD.
 

 

 

SB2534 Engrossed- 31 -LRB097 14747 AJO 59760 b

1HOWEVER, there still must be a hearing for the judge to approve
2the sale. The judge will NOT APPROVE this sale if the judge
3finds that any person lawfully occupies any part of this
4property.
 
5IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
6CHOOSE TO GO TO THIS HEARING and explain to the judge how you
7are a lawful occupant of this property. You also may appear
8BEFORE this hearing and explain to the judge how you are a
9lawful occupant of this property.
 
10If the judge is satisfied that you are a LAWFUL OCCUPANT of
11this property, the court will find that this property is NOT
12ABANDONED, and there will be no sale of the property at this
13time.
 
14This hearing will be held in the courthouse at the following
15address, date, and time:
 
16Court name:..................................................
17Court address:...............................................
18Court room number where hearing will be held:................
19(There should be a person in this room called a CLERK who can
20help you. Make sure you know THIS PROPERTY'S ADDRESS.)
21Date of hearing:.............................................
22Time of hearing:.............................................
 

 

 

SB2534 Engrossed- 32 -LRB097 14747 AJO 59760 b

1
MORE INFORMATION

 
2Name of lawsuit:.............................................
3Number of lawsuit:...........................................
4Address of this property:....................................
 
5
IMPORTANT

 
6This is NOT a notice to vacate the premises. You may wish to
7contact a lawyer or your local legal aid or housing counseling
8agency to discuss any rights that you may have.
 
9
WARNING

 
10INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
11STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
12UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
13LAW. 720 ILCS 5/21-3(a).
 
14
NO TRESPASSING

 
15KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
16CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
17FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
 

 

 

SB2534 Engrossed- 33 -LRB097 14747 AJO 59760 b

1    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
2    Sec. 15-1508. Report of Sale and Confirmation of Sale.
3    (a) Report. The person conducting the sale shall promptly
4make a report to the court, which report shall include a copy
5of all receipts and, if any, certificate of sale.
6    (b) Hearing. Upon motion and notice in accordance with
7court rules applicable to motions generally, which motion shall
8not be made prior to sale, the court shall conduct a hearing to
9confirm the sale. Unless the court finds that (i) a notice
10required in accordance with subsection (c) of Section 15-1507
11was not given, (ii) the terms of sale were unconscionable,
12(iii) the sale was conducted fraudulently, or (iv) justice was
13otherwise not done, the court shall then enter an order
14confirming the sale. The confirmation order shall include a
15name, address, and telephone number of the holder of the
16certificate of sale or deed issued pursuant to that certificate
17or, if no certificate or deed was issued, the purchaser, whom a
18municipality or county may contact with concerns about the real
19estate. The confirmation order may also:
20        (1) approve the mortgagee's fees and costs arising
21    between the entry of the judgment of foreclosure and the
22    confirmation hearing, those costs and fees to be allowable
23    to the same extent as provided in the note and mortgage and
24    in Section 15-1504;
25        (2) provide for a personal judgment against any party
26    for a deficiency; and

 

 

SB2534 Engrossed- 34 -LRB097 14747 AJO 59760 b

1        (3) determine the priority of the judgments of parties
2    who deferred proving the priority pursuant to subsection
3    (h) of Section 15-1506, but the court shall not defer
4    confirming the sale pending the determination of such
5    priority.
6    (b-3) Hearing to confirm sale of abandoned residential
7property. Upon motion and notice by first-class mail to the
8last known address of the mortgagor, which motion shall be made
9prior to the sale and heard by the court at the earliest
10practicable time after conclusion of the sale, and upon the
11posting at the property address of the notice required by
12paragraph (2) of subsection (l) of Section 15-1505.8, the court
13shall enter an order confirming the sale of the abandoned
14residential property, unless the court finds that a reason set
15forth in items (i) through (iv) of subsection (b) of this
16Section exists for not approving the sale, or an order is
17entered pursuant to subsection (h) of Section 15-1505.8. The
18confirmation order also may address the matters identified in
19items (1) through (3) of subsection (b) of this Section. The
20notice required under subsection (b-5) of this Section shall
21not be required.
22    (b-5) Notice with respect to residential real estate. With
23respect to residential real estate, the notice required under
24subsection (b) of this Section shall be sent to the mortgagor
25even if the mortgagor has previously been held in default. In
26the event the mortgagor has filed an appearance, the notice

 

 

SB2534 Engrossed- 35 -LRB097 14747 AJO 59760 b

1shall be sent to the address indicated on the appearance. In
2all other cases, the notice shall be sent to the mortgagor at
3the common address of the foreclosed property. The notice shall
4be sent by first class mail. Unless the right to possession has
5been previously terminated by the court, the notice shall
6include the following language in 12-point boldface
7capitalized type:
8
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
9
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
10
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
11
ILLINOIS MORTGAGE FORECLOSURE LAW.
12    (b-10) Notice of confirmation order sent to municipality or
13county. A copy of the confirmation order required under
14subsection (b) shall be sent to the municipality in which the
15foreclosed property is located, or to the county within the
16boundary of which the foreclosed property is located if the
17foreclosed property is located in an unincorporated territory.
18A municipality or county must clearly publish on its website a
19single address to which such notice shall be sent. If a
20municipality or county does not maintain a website, then the
21municipality or county must publicly post in its main office a
22single address to which such notice shall be sent. In the event
23that a municipality or county has not complied with the
24publication requirement in this subsection (b-10), then such
25notice to the municipality or county shall be provided pursuant
26to Section 2-211 of the Code of Civil Procedure.

 

 

SB2534 Engrossed- 36 -LRB097 14747 AJO 59760 b

1    (c) Failure to Give Notice. If any sale is held without
2compliance with subsection (c) of Section 15-1507 of this
3Article, any party entitled to the notice provided for in
4paragraph (3) of that subsection (c) who was not so notified
5may, by motion supported by affidavit made prior to
6confirmation of such sale, ask the court which entered the
7judgment to set aside the sale. Any such party shall guarantee
8or secure by bond a bid equal to the successful bid at the
9prior sale, unless the party seeking to set aside the sale is
10the mortgagor, the real estate sold at the sale is residential
11real estate, and the mortgagor occupies the residential real
12estate at the time the motion is filed. In that event, no
13guarantee or bond shall be required of the mortgagor. Any
14subsequent sale is subject to the same notice requirement as
15the original sale.
16    (d) Validity of Sale. Except as provided in subsection (c)
17of Section 15-1508, no sale under this Article shall be held
18invalid or be set aside because of any defect in the notice
19thereof or in the publication of the same, or in the
20proceedings of the officer conducting the sale, except upon
21good cause shown in a hearing pursuant to subsection (b) of
22Section 15-1508. At any time after a sale has occurred, any
23party entitled to notice under paragraph (3) of subsection (c)
24of Section 15-1507 may recover from the mortgagee any damages
25caused by the mortgagee's failure to comply with such paragraph
26(3). Any party who recovers damages in a judicial proceeding

 

 

SB2534 Engrossed- 37 -LRB097 14747 AJO 59760 b

1brought under this subsection may also recover from the
2mortgagee the reasonable expenses of litigation, including
3reasonable attorney's fees.
4    (d-5) Making Home Affordable Program. The court that
5entered the judgment shall set aside a sale held pursuant to
6Section 15-1507, upon motion of the mortgagor at any time prior
7to the confirmation of the sale, if the mortgagor proves by a
8preponderance of the evidence that (i) the mortgagor has
9applied for assistance under the Making Home Affordable Program
10established by the United States Department of the Treasury
11pursuant to the Emergency Economic Stabilization Act of 2008,
12as amended by the American Recovery and Reinvestment Act of
132009, and (ii) the mortgaged real estate was sold in material
14violation of the program's requirements for proceeding to a
15judicial sale. The provisions of this subsection (d-5), except
16for this sentence, shall become inoperative on January 1, 2013
17for all actions filed under this Article after December 31,
182012, in which the mortgagor did not apply for assistance under
19the Making Home Affordable Program on or before December 31,
202012.
21    (e) Deficiency Judgment. In any order confirming a sale
22pursuant to the judgment of foreclosure, the court shall also
23enter a personal judgment for deficiency against any party (i)
24if otherwise authorized and (ii) to the extent requested in the
25complaint and proven upon presentation of the report of sale in
26accordance with Section 15-1508. Except as otherwise provided

 

 

SB2534 Engrossed- 38 -LRB097 14747 AJO 59760 b

1in this Article, a judgment may be entered for any balance of
2money that may be found due to the plaintiff, over and above
3the proceeds of the sale or sales, and enforcement may be had
4for the collection of such balance, the same as when the
5judgment is solely for the payment of money. Such judgment may
6be entered, or enforcement had, only in cases where personal
7service has been had upon the persons personally liable for the
8mortgage indebtedness, unless they have entered their
9appearance in the foreclosure action.
10    (f) Satisfaction. Upon confirmation of the sale, the
11judgment stands satisfied to the extent of the sale price less
12expenses and costs. If the order confirming the sale includes a
13deficiency judgment, the judgment shall become a lien in the
14manner of any other judgment for the payment of money.
15    (g) The order confirming the sale shall include,
16notwithstanding any previous orders awarding possession during
17the pendency of the foreclosure, an award to the purchaser of
18possession of the mortgaged real estate, as of the date 30 days
19after the entry of the order, against the parties to the
20foreclosure whose interests have been terminated.
21    An order of possession authorizing the removal of a person
22from possession of the mortgaged real estate shall be entered
23and enforced only against those persons personally named as
24individuals in the complaint or the petition under subsection
25(h) of Section 15-1701 and in the order of possession and shall
26not be entered and enforced against any person who is only

 

 

SB2534 Engrossed- 39 -LRB097 14747 AJO 59760 b

1generically described as an unknown owner or nonrecord claimant
2or by another generic designation in the complaint.
3    Notwithstanding the preceding paragraph, the failure to
4personally name, include, or seek an award of possession of the
5mortgaged real estate against a person in the confirmation
6order shall not abrogate any right that the purchaser may have
7to possession of the mortgaged real estate and to maintain a
8proceeding against that person for possession under Article 9
9of this Code or subsection (h) of Section 15-1701; and
10possession against a person who (1) has not been personally
11named as a party to the foreclosure and (2) has not been
12provided an opportunity to be heard in the foreclosure
13proceeding may be sought only by maintaining a proceeding under
14Article 9 of this Code or subsection (h) of Section 15-1701.
15    (h) With respect to mortgaged real estate containing 5 or
16more dwelling units, the order confirming the sale shall also
17provide that (i) the mortgagor shall transfer to the purchaser
18the security deposits, if any, that the mortgagor received to
19secure payment of rent or to compensate for damage to the
20mortgaged real estate from any current occupant of a dwelling
21unit of the mortgaged real estate, as well as any statutory
22interest that has not been paid to the occupant, and (ii) the
23mortgagor shall provide an accounting of the security deposits
24that are transferred, including the name and address of each
25occupant for whom the mortgagor holds the deposit and the
26amount of the deposit and any statutory interest.

 

 

SB2534 Engrossed- 40 -LRB097 14747 AJO 59760 b

1(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
296-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
38-26-11.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.