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Full Text of SB2534  97th General Assembly

SB2534sam002 97TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 3/26/2012

 

 


 

 


 
09700SB2534sam002LRB097 14747 AJO 67978 a

1
AMENDMENT TO SENATE BILL 2534

2    AMENDMENT NO. ______. Amend Senate Bill 2534, by replacing
3lines 11 through 23 of page 1, all of page 2, and lines 1
4through 12 of page 3 with the following:
 
5"as a principal residence, or an incomplete structure if the
6real estate is zoned for residential development, where the
7structure is empty or otherwise uninhabited and the structure
8or lot is in need of maintenance, repair, or securing, and with
9respect to which one or more of the following conditions are
10shown to exist:
11        (1) all lawful business or construction operations
12    have ceased for 6 months;
13        (2) it has been declared unfit for occupancy and
14    ordered to remain vacant and unoccupied under an order
15    issued by a municipal or county authority or a court of
16    competent jurisdiction;
17        (3) no construction or legal repairs have commenced for

 

 

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1    6 months;
2        (4) the doors or windows are smashed through, broken,
3    unhinged, removed, or continuously unlocked;
4        (5) law enforcement officials have received at least
5    one report of trespassers or vandalism or other illegal
6    acts being committed at the property in the last 6 months;
7        (6) gas, electrical, or water services to the entire
8    premises have been terminated; or
9        (7) there exists other evidence indicating a clear
10    intent to abandon the property.
11    A property shall not be considered abandoned residential
12property if: (i) there is an unoccupied building which is
13undergoing construction, renovation, or rehabilitation that is
14proceeding diligently to completion, and the building is in
15compliance with all applicable ordinances, codes, regulations,
16and laws; (ii) there is a building occupied on a seasonal
17basis, but otherwise secure; (iii) there is a secure building
18on which there are bona fide rental or sale signs; (iv) there
19is a building that is secure, but is the subject of a probate
20action, action to quiet title, or other ownership dispute; or
21(v) there is a building that is otherwise secure and in
22substantial compliance with all applicable ordinances, codes,
23regulations and laws."; and
 
24by replacing lines 8 through 26 of page 15 and lines 1 through
254 of page 16 with the following:

 

 

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1    "(f) The affidavit shall be signed by the mortgagee and
2shall state that, upon information and belief of the mortgagee
3after inspection by the mortgagee, the property is not occupied
4by any mortgagor or bona fide tenant as a principal residence,
5or the structure is empty or otherwise uninhabited and the
6structure or lot is in need of maintenance, repair, or
7securing, and there exists at least one of the conditions or
8circumstances listed in Section 15-1200.5, which shall be set
9forth in the affidavit. Photographic or other documentary
10evidence in support of the conditions or circumstances set
11forth in the affidavit shall be attached to the affidavit.
12    (g) Subject to subsection (h), at the hearing on the motion
13requesting an expedited judgment and sale, the court shall find
14that the property which is the subject of the foreclosure
15complaint is abandoned residential property if: (i) the
16property is not occupied by any mortgagor or bona fide tenant
17as a principal residence, or the structure is empty or
18otherwise uninhabited and the structure or lot is in need of
19maintenance, repair, or securing; and (ii) one or more of the
20conditions or circumstances described in Section 15-1200.5
21apply.
22    (h) The court may not find at the hearing requesting an
23expedited judgment and sale that the property which is the
24subject of the foreclosure complaint is abandoned residential
25property if: (i) the mortgagor appears in the action before or
26at the hearing and objects to a finding of abandonment; (ii) a

 

 

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1person other than the mortgagor appears at the hearing and
2presents evidence establishing to the satisfaction of the court
3that the mortgagor is working with, or making an attempt to
4work with, the mortgagee to modify the mortgage; or (iii) a
5person other than the mortgagor appears at the hearing and
6presents evidence establishing to the satisfaction of the court
7that the mortgagor has not abandoned the property.
8    (i) The court shall vacate an order issued pursuant to
9subsection (j) of this Section if the mortgagor appears in the
10action at any time prior to the court issuing an order
11confirming the sale pursuant to subsection (b-3) of Section
1215-1508 and presents evidence establishing to the satisfaction
13of the court that the mortgagor has not abandoned the property.
14    (j) At the hearing on the motion requesting an expedited";
15and
 
16on page 16, by replacing line 11 with the following:
17    "(k) The reinstatement period and redemption period for
18the"; and
 
19On page 16, by replacing lines 16 through 18 with the
20following:
21    "(l) A mortgagee or its agent may enter an abandoned
22residential property at any time for the purpose of maintaining
23or securing the"; and
 

 

 

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1on page 16, by replacing line 25 with the following:
2    "(m) The mortgagee shall be responsible for repairs or
3other"; and
 
4on page 17, by replacing line 4 with the following:
5    "(n) Upon confirmation of the sale held pursuant to
6Section"; and
 
7on page 17, by replacing line 16 with the following:
8    "(o) No mortgagee shall be held liable for seeking a".