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Full Text of SB2534  97th General Assembly

SB2534sam004 97TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 5/22/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2534

2    AMENDMENT NO. ______. Amend Senate Bill 2534, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Criminal Code of 1961 is amended by
6changing Section 21-3 as follows:
 
7    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
8    Sec. 21-3. Criminal trespass to real property.
9    (a) Except as provided in subsection (a-5), whoever:
10        (1) knowingly and without lawful authority enters or
11    remains within or on a building; or
12        (2) enters upon the land of another, after receiving,
13    prior to such entry, notice from the owner or occupant that
14    such entry is forbidden; or
15        (3) remains upon the land of another, after receiving
16    notice from the owner or occupant to depart; or

 

 

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1        (3.5) presents false documents or falsely represents
2    his or her identity orally to the owner or occupant of a
3    building or land in order to obtain permission from the
4    owner or occupant to enter or remain in the building or on
5    the land; or
6        (4) intentionally removes a notice posted on
7    residential real estate as required by subsection (l) of
8    Section 15-1505.8 of Article XV of the Code of Civil
9    Procedure before the date and time set forth in the notice;
10commits a Class B misdemeanor.
11    For purposes of item (1) of this subsection, this Section
12shall not apply to being in a building which is open to the
13public while the building is open to the public during its
14normal hours of operation; nor shall this Section apply to a
15person who enters a public building under the reasonable belief
16that the building is still open to the public.
17    (a-5) Except as otherwise provided in this subsection,
18whoever enters upon any of the following areas in or on a motor
19vehicle (including an off-road vehicle, motorcycle, moped, or
20any other powered two-wheel vehicle) after receiving, prior to
21that entry, notice from the owner or occupant that the entry is
22forbidden or remains upon or in the area after receiving notice
23from the owner or occupant to depart commits a Class A
24misdemeanor:
25        (1) A field that is used for growing crops or that is
26    capable of being used for growing crops.

 

 

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1        (2) An enclosed area containing livestock.
2        (3) An orchard.
3        (4) A barn or other agricultural building containing
4    livestock.
5    (b) A person has received notice from the owner or occupant
6within the meaning of Subsection (a) if he has been notified
7personally, either orally or in writing including a valid court
8order as defined by subsection (7) of Section 112A-3 of the
9Code of Criminal Procedure of 1963 granting remedy (2) of
10subsection (b) of Section 112A-14 of that Code, or if a printed
11or written notice forbidding such entry has been conspicuously
12posted or exhibited at the main entrance to such land or the
13forbidden part thereof.
14    (b-5) Subject to the provisions of subsection (b-10), as an
15alternative to the posting of real property as set forth in
16subsection (b), the owner or lessee of any real property may
17post the property by placing identifying purple marks on trees
18or posts around the area to be posted. Each purple mark shall
19be:
20        (1) A vertical line of at least 8 inches in length and
21    the bottom of the mark shall be no less than 3 feet nor
22    more than 5 feet high. Such marks shall be placed no more
23    than 100 feet apart and shall be readily visible to any
24    person approaching the property; or
25        (2) A post capped or otherwise marked on at least its
26    top 2 inches. The bottom of the cap or mark shall be not

 

 

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1    less than 3 feet but not more than 5 feet 6 inches high.
2    Posts so marked shall be placed not more than 36 feet apart
3    and shall be readily visible to any person approaching the
4    property. Prior to applying a cap or mark which is visible
5    from both sides of a fence shared by different property
6    owners or lessees, all such owners or lessees shall concur
7    in the decision to post their own property.
8    Nothing in this subsection (b-5) shall be construed to
9authorize the owner or lessee of any real property to place any
10purple marks on any tree or post or to install any post or
11fence if doing so would violate any applicable law, rule,
12ordinance, order, covenant, bylaw, declaration, regulation,
13restriction, contract, or instrument.
14    (b-10) Any owner or lessee who marks his or her real
15property using the method described in subsection (b-5) must
16also provide notice as described in subsection (b) of this
17Section. The public of this State shall be informed of the
18provisions of subsection (b-5) of this Section by the Illinois
19Department of Agriculture and the Illinois Department of
20Natural Resources. These Departments shall conduct an
21information campaign for the general public concerning the
22interpretation and implementation of subsection (b-5). The
23information shall inform the public about the marking
24requirements and the applicability of subsection (b-5)
25including information regarding the size requirements of the
26markings as well as the manner in which the markings shall be

 

 

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1displayed. The Departments shall also include information
2regarding the requirement that, until the date this subsection
3becomes inoperative, any owner or lessee who chooses to mark
4his or her property using paint, must also comply with one of
5the notice requirements listed in subsection (b). The
6Departments may prepare a brochure or may disseminate the
7information through agency websites. Non-governmental
8organizations including, but not limited to, the Illinois
9Forestry Association, Illinois Tree Farm and the Walnut Council
10may help to disseminate the information regarding the
11requirements and applicability of subsection (b-5) based on
12materials provided by the Departments. This subsection (b-10)
13is inoperative on and after January 1, 2013.
14    (b-15) Subsections (b-5) and (b-10) do not apply to real
15property located in a municipality of over 2,000,000
16inhabitants.
17    (c) This Section does not apply to any person, whether a
18migrant worker or otherwise, living on the land with permission
19of the owner or of his agent having apparent authority to hire
20workers on such land and assign them living quarters or a place
21of accommodations for living thereon, nor to anyone living on
22such land at the request of, or by occupancy, leasing or other
23agreement or arrangement with the owner or his agent, nor to
24anyone invited by such migrant worker or other person so living
25on such land to visit him at the place he is so living upon the
26land.

 

 

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1    (d) A person shall be exempt from prosecution under this
2Section if he beautifies unoccupied and abandoned residential
3and industrial properties located within any municipality. For
4the purpose of this subsection, "unoccupied and abandoned
5residential and industrial property" means any real estate (1)
6in which the taxes have not been paid for a period of at least 2
7years; and (2) which has been left unoccupied and abandoned for
8a period of at least one year; and "beautifies" means to
9landscape, clean up litter, or to repair dilapidated conditions
10on or to board up windows and doors.
11    (e) No person shall be liable in any civil action for money
12damages to the owner of unoccupied and abandoned residential
13and industrial property which that person beautifies pursuant
14to subsection (d) of this Section.
15    (e-5) (i) A mortgagee or agent of the mortgagee shall be
16exempt from prosecution for criminal trespass for entering,
17securing, or maintaining an abandoned residential property.
18        (ii) No mortgagee or agent of the mortgagee shall be
19    liable to the mortgagor or other owner of an abandoned
20    residential property in any civil action for negligence or
21    civil trespass in connection with entering, securing, or
22    maintaining the abandoned residential property.
23        (iii) For the purpose of this subsection (e-5) only,
24    "abandoned residential property" means mortgaged real
25    estate that the mortgagee or agent of the mortgagee
26    determines in good faith meets the definition of abandoned

 

 

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1    residential property set forth in Section 15-1200.5 of
2    Article XV of the Code of Civil Procedure.
3    (f) This Section does not prohibit a person from entering a
4building or upon the land of another for emergency purposes.
5For purposes of this subsection (f), "emergency" means a
6condition or circumstance in which an individual is or is
7reasonably believed by the person to be in imminent danger of
8serious bodily harm or in which property is or is reasonably
9believed to be in imminent danger of damage or destruction.
10    (g) Paragraph (3.5) of subsection (a) does not apply to a
11peace officer or other official of a unit of government who
12enters a building or land in the performance of his or her
13official duties.
14    (h) A person may be liable in any civil action for money
15damages to the owner of the land he or she entered upon with a
16motor vehicle as prohibited under subsection (a-5) of this
17Section. A person may also be liable to the owner for court
18costs and reasonable attorney's fees. The measure of damages
19shall be: (i) the actual damages, but not less than $250, if
20the vehicle is operated in a nature preserve or registered area
21as defined in Sections 3.11 and 3.14 of the Illinois Natural
22Areas Preservation Act; (ii) twice the actual damages if the
23owner has previously notified the person to cease trespassing;
24or (iii) in any other case, the actual damages, but not less
25than $50. If the person operating the vehicle is under the age
26of 16, the owner of the vehicle and the parent or legal

 

 

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1guardian of the minor are jointly and severally liable. For the
2purposes of this subsection (h):
3        "Land" includes, but is not limited to, land used for
4    crop land, fallow land, orchard, pasture, feed lot, timber
5    land, prairie land, mine spoil nature preserves and
6    registered areas. "Land" does not include driveways or
7    private roadways upon which the owner allows the public to
8    drive.
9        "Owner" means the person who has the right to
10    possession of the land, including the owner, operator or
11    tenant.
12        "Vehicle" has the same meaning as provided under
13    Section 1-217 of the Illinois Vehicle Code.
14    (i) This Section does not apply to the following persons
15while serving process:
16        (1) a person authorized to serve process under Section
17    2-202 of the Code of Civil Procedure; or
18        (2) a special process server appointed by the circuit
19    court.
20(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
21revised 9-14-11.)
 
22    Section 10. The Code of Civil Procedure is amended by
23changing Sections 15-1219, 15-1504, and 15-1508, changing and
24renumbering Section 15-1507.1, and by adding Sections
2515-1200.5, 15-1200.7, and 15-1505.8 as follows:
 

 

 

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1    (735 ILCS 5/15-1200.5 new)
2    Sec. 15-1200.5. Abandoned residential property. "Abandoned
3residential property" means residential real estate that:
4    (a) either:
5        (1) is not occupied by any mortgagor or lawful occupant
6    as a principal residence; or
7        (2) contains an incomplete structure if the real estate
8    is zoned for residential development, where the structure
9    is empty or otherwise uninhabited and is in need of
10    maintenance, repair, or securing; and
11    (b) with respect to which either:
12        (1) two or more of the following conditions are shown
13    to exist:
14            (A) construction was initiated on the property and
15        was discontinued prior to completion, leaving a
16        building unsuitable for occupancy, and no construction
17        has taken place for at least 6 months;
18            (B) multiple windows on the property are boarded up
19        or closed off or are smashed through, broken off, or
20        unhinged, or multiple window panes are broken and
21        unrepaired;
22            (C) doors on the property are smashed through,
23        broken off, unhinged, or continuously unlocked;
24            (D) the property has been stripped of copper or
25        other materials, or interior fixtures to the property

 

 

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1        have been removed;
2            (E) gas, electrical, or water services to the
3        entire property have been terminated;
4            (F) there exist one or more written statements of
5        the mortgagor or the mortgagor's personal
6        representative or assigns, including documents of
7        conveyance, which indicate a clear intent to abandon
8        the property;
9            (G) law enforcement officials have received at
10        least one report of trespassing or vandalism or other
11        illegal acts being committed at the property in the
12        last 6 months;
13            (H) the property has been declared unfit for
14        occupancy and ordered to remain vacant and unoccupied
15        under an order issued by a municipal or county
16        authority or a court of competent jurisdiction;
17            (I) the local police, fire, or code enforcement
18        authority has requested the owner or other interested
19        or authorized party to secure or winterize the property
20        due to the local authority declaring the property to be
21        an imminent danger to the health, safety, and welfare
22        of the public;
23            (J) the property is open and unprotected and in
24        reasonable danger of significant damage due to
25        exposure to the elements, vandalism, or freezing; or
26            (K) there exists other evidence indicating a clear

 

 

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1        intent to abandon the property; or
2        (2) the real estate is zoned for residential
3    development and is a vacant lot that is in need of
4    maintenance, repair, or securing.
 
5    (735 ILCS 5/15-1200.7 new)
6    Sec. 15-1200.7. Abandoned residential property;
7exceptions. A property shall not be considered abandoned
8residential property if: (i) there is an unoccupied building
9which is undergoing construction, renovation, or
10rehabilitation that is proceeding diligently to completion,
11and the building is in substantial compliance with all
12applicable ordinances, codes, regulations, and laws; (ii)
13there is a building occupied on a seasonal basis, but otherwise
14secure; (iii) there is a secure building on which there are
15bona fide rental or sale signs; (iv) there is a building that
16is secure, but is the subject of a probate action, action to
17quiet title, or other ownership dispute; or (v) there is a
18building that is otherwise secure and in substantial compliance
19with all applicable ordinances, codes, regulations and laws.
 
20    (735 ILCS 5/15-1219)  (from Ch. 110, par. 15-1219)
21    Sec. 15-1219. Residential Real Estate. "Residential real
22estate" means any real estate, except a single tract of
23agricultural real estate consisting of more than 40 acres,
24which is improved with a single family residence or residential

 

 

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1condominium units or a multiple dwelling structure containing
2single family dwelling units for six or fewer families living
3independently of each other, which residence, or at least one
4of which condominium or dwelling units, is occupied as a
5principal residence either (i) if a mortgagor is an individual,
6by that mortgagor, that mortgagor's spouse or that mortgagor's
7descendants, or (ii) if a mortgagor is a trustee of a trust or
8an executor or administrator of an estate, by a beneficiary of
9that trust or estate or by such beneficiary's spouse or
10descendants or (iii) if a mortgagor is a corporation, by
11persons owning collectively at least 50 percent of the shares
12of voting stock of such corporation or by a spouse or
13descendants of such persons. The use of a portion of
14residential real estate for non-residential purposes shall not
15affect the characterization of such real estate as residential
16real estate. For purposes of the definition of the term
17"abandoned residential property" in Section 15-1200.5 of this
18Article, "abandoned residential property" shall not include
19the requirement that the real estate be occupied, or if zoned
20for residential development, improved with a dwelling
21structure.
22(Source: P.A. 85-907.)
 
23    (735 ILCS 5/15-1504)  (from Ch. 110, par. 15-1504)
24    Sec. 15-1504. Pleadings and service.
25    (a) Form of Complaint. A foreclosure complaint may be in

 

 

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1substantially the following form:
2        (1) Plaintiff files this complaint to foreclose the
3    mortgage (or other conveyance in the nature of a mortgage)
4    (hereinafter called "mortgage") hereinafter described and
5    joins the following person as defendants: (here insert
6    names of all defendants).
7        (2) Attached as Exhibit "A" is a copy of the mortgage
8    and as Exhibit "B" is a copy of the note secured thereby.
9        (3) Information concerning mortgage:
10            (A) Nature of instrument: (here insert whether a
11        mortgage, trust deed or other instrument in the nature
12        of a mortgage, etc.)
13            (B) Date of mortgage:
14            (C) Name of mortgagor:
15            (D) Name of mortgagee:
16            (E) Date and place of recording:
17            (F) Identification of recording: (here insert book
18        and page number or document number)
19            (G) Interest subject to the mortgage: (here insert
20        whether fee simple, estate for years, undivided
21        interest, etc.)
22            (H) Amount of original indebtedness, including
23        subsequent advances made under the mortgage:
24            (I) Both the legal description of the mortgaged
25        real estate and the common address or other information
26        sufficient to identify it with reasonable certainty:

 

 

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1            (J) Statement as to defaults, including, but not
2        necessarily limited to, date of default, current
3        unpaid principal balance, per diem interest accruing,
4        and any further information concerning the default:
5            (K) Name of present owner of the real estate:
6            (L) Names of other persons who are joined as
7        defendants and whose interest in or lien on the
8        mortgaged real estate is sought to be terminated:
9            (M) Names of defendants claimed to be personally
10        liable for deficiency, if any:
11            (N) Capacity in which plaintiff brings this
12        foreclosure (here indicate whether plaintiff is the
13        legal holder of the indebtedness, a pledgee, an agent,
14        the trustee under a trust deed or otherwise, as
15        appropriate):
16            (O) Facts in support of redemption period shorter
17        than the longer of (i) 7 months from the date the
18        mortgagor or, if more than one, all the mortgagors (I)
19        have been served with summons or by publication or (II)
20        have otherwise submitted to the jurisdiction of the
21        court, or (ii) 3 months from the entry of the judgment
22        of foreclosure, if sought (here indicate whether based
23        upon the real estate not being residential,
24        abandonment, or real estate value less than 90% of
25        amount owed, etc.):
26            (P) Statement that the right of redemption has been

 

 

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1        waived by all owners of redemption, if applicable:
2            (Q) Facts in support of request for attorneys' fees
3        and of costs and expenses, if applicable:
4            (R) Facts in support of a request for appointment
5        of mortgagee in possession or for appointment of
6        receiver, and identity of such receiver, if sought:
7            (S) Offer to mortgagor in accordance with Section
8        15-1402 to accept title to the real estate in
9        satisfaction of all indebtedness and obligations
10        secured by the mortgage without judicial sale, if
11        sought:
12            (T) Name or names of defendants whose right to
13        possess the mortgaged real estate, after the
14        confirmation of a foreclosure sale, is sought to be
15        terminated and, if not elsewhere stated, the facts in
16        support thereof:
 
17
REQUEST FOR RELIEF
18    Plaintiff requests:
19        (i) A judgment of foreclosure and sale.
20        (ii) An order granting a shortened redemption period,
21    if sought.
22        (iii) A personal judgment for a deficiency, if sought.
23        (iv) An order granting possession, if sought.
24        (v) An order placing the mortgagee in possession or
25    appointing a receiver, if sought.

 

 

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1        (vi) A judgment for attorneys' fees, costs and
2    expenses, if sought.
3    (b) Required Information. A foreclosure complaint need
4contain only such statements and requests called for by the
5form set forth in subsection (a) of Section 15-1504 as may be
6appropriate for the relief sought. Such complaint may be filed
7as a counterclaim, may be joined with other counts or may
8include in the same count additional matters or a request for
9any additional relief permitted by Article II of the Code of
10Civil Procedure.
11    (c) Allegations. The statements contained in a complaint in
12the form set forth in subsection (a) of Section 15-1504 are
13deemed and construed to include allegations as follows:
14        (1) on the date indicated the obligor of the
15    indebtedness or other obligations secured by the mortgage
16    was justly indebted in the amount of the indicated original
17    indebtedness to the original mortgagee or payee of the
18    mortgage note;
19        (2) that the exhibits attached are true and correct
20    copies of the mortgage and note and are incorporated and
21    made a part of the complaint by express reference;
22        (3) that the mortgagor was at the date indicated an
23    owner of the interest in the real estate described in the
24    complaint and that as of that date made, executed and
25    delivered the mortgage as security for the note or other
26    obligations;

 

 

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1        (4) that the mortgage was recorded in the county in
2    which the mortgaged real estate is located, on the date
3    indicated, in the book and page or as the document number
4    indicated;
5        (5) that defaults occurred as indicated;
6        (6) that at the time of the filing of the complaint the
7    persons named as present owners are the owners of the
8    indicated interests in and to the real estate described;
9        (7) that the mortgage constitutes a valid, prior and
10    paramount lien upon the indicated interest in the mortgaged
11    real estate, which lien is prior and superior to the right,
12    title, interest, claim or lien of all parties and nonrecord
13    claimants whose interests in the mortgaged real estate are
14    sought to be terminated;
15        (8) that by reason of the defaults alleged, if the
16    indebtedness has not matured by its terms, the same has
17    become due by the exercise, by the plaintiff or other
18    persons having such power, of a right or power to declare
19    immediately due and payable the whole of all indebtedness
20    secured by the mortgage;
21        (9) that any and all notices of default or election to
22    declare the indebtedness due and payable or other notices
23    required to be given have been duly and properly given;
24        (10) that any and all periods of grace or other period
25    of time allowed for the performance of the covenants or
26    conditions claimed to be breached or for the curing of any

 

 

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1    breaches have expired;
2        (11) that the amounts indicated in the statement in the
3    complaint are correctly stated and if such statement
4    indicates any advances made or to be made by the plaintiff
5    or owner of the mortgage indebtedness, that such advances
6    were, in fact, made or will be required to be made, and
7    under and by virtue of the mortgage the same constitute
8    additional indebtedness secured by the mortgage; and
9        (12) that, upon confirmation of the sale, the holder of
10    the certificate of sale or deed issued pursuant to that
11    certificate or, if no certificate or deed was issued, the
12    purchaser at the sale will be entitled to full possession
13    of the mortgaged real estate against the parties named in
14    clause (T) of paragraph (3) of subsection (a) of Section
15    15-1504 or elsewhere to the same effect; the omission of
16    any party indicates that plaintiff will not seek a
17    possessory order in the order confirming sale unless the
18    request is subsequently made under subsection (h) of
19    Section 15-1701 or by separate action under Article 9 of
20    this Code.
21    (d) Request for Fees and Costs. A statement in the
22complaint that plaintiff seeks the inclusion of attorneys' fees
23and of costs and expenses shall be deemed and construed to
24include allegations that:
25        (1) plaintiff has been compelled to employ and retain
26    attorneys to prepare and file the complaint and to

 

 

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1    represent and advise the plaintiff in the foreclosure of
2    the mortgage and the plaintiff will thereby become liable
3    for the usual, reasonable and customary fees of the
4    attorneys in that behalf;
5        (2) that the plaintiff has been compelled to advance or
6    will be compelled to advance, various sums of money in
7    payment of costs, fees, expenses and disbursements
8    incurred in connection with the foreclosure, including,
9    without limiting the generality of the foregoing, filing
10    fees, stenographer's fees, witness fees, costs of
11    publication, costs of procuring and preparing documentary
12    evidence and costs of procuring abstracts of title, Torrens
13    certificates, foreclosure minutes and a title insurance
14    policy;
15        (3) that under the terms of the mortgage, all such
16    advances, costs, attorneys' fees and other fees, expenses
17    and disbursements are made a lien upon the mortgaged real
18    estate and the plaintiff is entitled to recover all such
19    advances, costs, attorneys' fees, expenses and
20    disbursements, together with interest on all advances at
21    the rate provided in the mortgage, or, if no rate is
22    provided therein, at the statutory judgment rate, from the
23    date on which such advances are made;
24        (4) that in order to protect the lien of the mortgage,
25    it may become necessary for plaintiff to pay taxes and
26    assessments which have been or may be levied upon the

 

 

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1    mortgaged real estate;
2        (5) that in order to protect and preserve the mortgaged
3    real estate, it may also become necessary for the plaintiff
4    to pay liability (protecting mortgagor and mortgagee),
5    fire and other hazard insurance premiums on the mortgaged
6    real estate, make such repairs to the mortgaged real estate
7    as may reasonably be deemed necessary for the proper
8    preservation thereof, advance for costs to inspect the
9    mortgaged real estate or to appraise it, or both, and
10    advance for premiums for pre-existing private or
11    governmental mortgage insurance to the extent required
12    after a foreclosure is commenced in order to keep such
13    insurance in force; and
14        (6) that under the terms of the mortgage, any money so
15    paid or expended will become an additional indebtedness
16    secured by the mortgage and will bear interest from the
17    date such monies are advanced at the rate provided in the
18    mortgage, or, if no rate is provided, at the statutory
19    judgment rate.
20    (e) Request for Foreclosure. The request for foreclosure is
21deemed and construed to mean that the plaintiff requests that:
22        (1) an accounting may be taken under the direction of
23    the court of the amounts due and owing to the plaintiff;
24        (2) that the defendants be ordered to pay to the
25    plaintiff before expiration of any redemption period (or,
26    if no redemption period, before a short date fixed by the

 

 

09700SB2534sam004- 21 -LRB097 14747 AJO 69879 a

1    court) whatever sums may appear to be due upon the taking
2    of such account, together with attorneys' fees and costs of
3    the proceedings (to the extent provided in the mortgage or
4    by law);
5        (3) that in default of such payment in accordance with
6    the judgment, the mortgaged real estate be sold as directed
7    by the court, to satisfy the amount due to the plaintiff as
8    set forth in the judgment, together with the interest
9    thereon at the statutory judgment rate from the date of the
10    judgment;
11        (4) that in the event the plaintiff is a purchaser of
12    the mortgaged real estate at such sale, the plaintiff may
13    offset against the purchase price of such real estate the
14    amounts due under the judgment of foreclosure and order
15    confirming the sale;
16        (5) that in the event of such sale and the failure of
17    any person entitled thereto to redeem prior to such sale
18    pursuant to this Article, the defendants made parties to
19    the foreclosure in accordance with this Article, and all
20    nonrecord claimants given notice of the foreclosure in
21    accordance with this Article, and all persons claiming by,
22    through or under them, and each and any and all of them,
23    may be forever barred and foreclosed of any right, title,
24    interest, claim, lien, or right to redeem in and to the
25    mortgaged real estate; and
26        (6) that if no redemption is made prior to such sale, a

 

 

09700SB2534sam004- 22 -LRB097 14747 AJO 69879 a

1    deed may be issued to the purchaser thereat according to
2    law and such purchaser be let into possession of the
3    mortgaged real estate in accordance with Part 17 of this
4    Article.
5    (f) Request for Deficiency Judgment. A request for a
6personal judgment for a deficiency in a foreclosure complaint
7if the sale of the mortgaged real estate fails to produce a
8sufficient amount to pay the amount found due, the plaintiff
9may have a personal judgment against any party in the
10foreclosure indicated as being personally liable therefor and
11the enforcement thereof be had as provided by law.
12    (g) Request for Possession or Receiver. A request for
13possession or appointment of a receiver has the meaning as
14stated in subsection (b) of Section 15-1706.
15    (h) Answers by Parties. Any party may assert its interest
16by counterclaim and such counterclaim may at the option of that
17party stand in lieu of answer to the complaint for foreclosure
18and all counter complaints previously or thereafter filed in
19the foreclosure. Any such counterclaim shall be deemed to
20constitute a statement that the counter claimant does not have
21sufficient knowledge to form a belief as to the truth or
22falsity of the allegations of the complaint and all other
23counterclaims, except to the extent that the counterclaim
24admits or specifically denies such allegations.
25(Source: P.A. 91-357, eff. 7-29-99.)
 

 

 

09700SB2534sam004- 23 -LRB097 14747 AJO 69879 a

1    (735 ILCS 5/15-1504.3)
2    (Section scheduled to be repealed on March 2, 2016)
3    Sec. 15-1504.3 15-1507.1. Filing Judicial sale fee for
4Abandoned Residential Property Municipality Relief Fund.
5    (a) With respect to residential real estate, at the time of
6the filing of a foreclosure complaint, the plaintiff shall pay
7to the clerk of the court in which the foreclosure complaint is
8filed a fee of $250 Upon and at the sale of residential real
9estate under Section 15-1507, the purchaser shall pay to the
10person conducting the sale pursuant to Section 15-1507 a fee
11for deposit into the Abandoned Residential Property
12Municipality Relief Fund, a special fund created in the State
13treasury. The fee shall be calculated at the rate of $1 for
14each $1,000 or fraction thereof of the amount paid by the
15purchaser to the person conducting the sale, as reflected in
16the receipt of sale issued to the purchaser, provided that in
17no event shall the fee exceed $300. No fee shall be paid by the
18mortgagee acquiring the residential real estate pursuant to its
19credit bid at the sale or by any mortgagee, judgment creditor,
20or other lienor acquiring the residential real estate whose
21rights in and to the residential real estate arose prior to the
22sale. Upon confirmation of the sale under Section 15-1508, the
23person conducting the sale shall remit the fee to the clerk of
24the court in which the foreclosure case is pending. The clerk
25shall remit the fee to the State Treasurer as provided in this
26Section, to be expended for the purposes set forth in Section

 

 

09700SB2534sam004- 24 -LRB097 14747 AJO 69879 a

17.31 of the Illinois Housing Development Act.
2    (b) All fees paid by plaintiffs to the clerk of the court
3purchasers as provided in this Section shall be disbursed
4within 60 days after receipt by the clerk of the court as
5follows: (i) 98% to the State Treasurer for deposit into the
6Abandoned Residential Property Municipality Relief Fund, and
7(ii) 2% to the clerk of the court for administrative expenses
8related to implementation of this Section.
9    (c) Not later than March 1 of each year, the clerk of the
10court shall submit to the Illinois Housing Development
11Authority a report of the funds collected and remitted pursuant
12to this Section during the preceding year pursuant to this
13Section.
14    (d) Subsections (a) and (b) of this Section shall become
15inoperative on January 1, 2016. This Section is repealed on
16March 2, 2016.
17(Source: P.A. 96-1419, eff. 10-1-10.)
 
18    (735 ILCS 5/15-1505.8 new)
19    Sec. 15-1505.8. Expedited judgment and sale procedure for
20abandoned residential property.
21    (a) Upon motion and notice, the mortgagee may elect to
22utilize the expedited judgment and sale procedure for abandoned
23residential property stated in this Section to obtain a
24judgment of foreclosure pursuant to Section 15-1506. The motion
25to expedite the judgment and sale may be combined with or made

 

 

09700SB2534sam004- 25 -LRB097 14747 AJO 69879 a

1part of the motion requesting a judgment of foreclosure. The
2notice of the motion to expedite the judgment and sale shall be
3sent by first-class mail to the last known address of the
4mortgagor, and the notice required by paragraph (1) of
5subsection (l) of this Section shall be posted at the property
6address.
7    (b) The motion requesting an expedited judgment of
8foreclosure and sale may be filed by the mortgagee at the time
9the foreclosure complaint is filed or any time thereafter, and
10shall set forth the facts demonstrating that the mortgaged real
11estate is abandoned residential real estate under Section
1215-1200.5 and shall be supported by affidavit.
13    (c) If a motion for an expedited judgment and sale is filed
14at the time the foreclosure complaint is filed or before the
15period to answer the foreclosure complaint has expired, the
16motion shall be heard by the court no earlier than before the
17period to answer the foreclosure complaint has expired and no
18later than 15 days after the period to answer the foreclosure
19complaint has expired.
20    (d) If a motion for an expedited judgment and sale is filed
21after the period to answer the foreclosure complaint has
22expired, the motion shall be heard no later than 15 days after
23the motion is filed.
24    (e) The hearing shall be given priority by the court and
25shall be scheduled to be heard within the applicable time
26period set forth in subsection (c) or (d) of this Section.

 

 

09700SB2534sam004- 26 -LRB097 14747 AJO 69879 a

1    (f) Subject to subsection (g), at the hearing on the motion
2requesting an expedited judgment and sale, if the court finds
3that the mortgaged real estate is abandoned residential
4property, the court shall grant the motion and immediately
5proceed to a trial of the foreclosure. A judgment of
6foreclosure under this Section shall include the matters
7identified in Section 15-1506.
8    (g) The court may not grant the motion requesting an
9expedited judgment and sale if: (i) the mortgagor appears in
10the action in any manner before or at the hearing and objects
11to a finding of abandonment; (ii) a person other than the
12mortgagor appears at the hearing and presents evidence
13establishing to the satisfaction of the court that the
14mortgagor is working with, or making an attempt to work with,
15the mortgagee to modify the mortgage; or (iii) a person other
16than the mortgagor appears at the hearing and presents evidence
17establishing to the satisfaction of the court that the
18mortgagor or a lawful occupant has not abandoned the mortgaged
19real estate.
20    (h) The court shall vacate an order issued pursuant to
21subsection (f) of this Section if the mortgagor or a lawful
22occupant appears in the action at any time prior to the court
23issuing an order confirming the sale pursuant to subsection
24(b-3) of Section 15-1508 and presents evidence establishing to
25the satisfaction of the court that the mortgagor or lawful
26occupant has not abandoned the mortgaged real estate.

 

 

09700SB2534sam004- 27 -LRB097 14747 AJO 69879 a

1    (i) The reinstatement period and redemption period for the
2abandoned residential property shall end in accordance with
3paragraph (4) of subsection (b) of Section 15-1603, and the
4abandoned residential property shall be sold at the earliest
5practicable time at a sale as provided in this Article.
6    (j) The mortgagee or its agent may enter, secure, and
7maintain abandoned residential property subject to subsection
8(e-5) of Section 21-3 of the Criminal Code of 1961.
9    (k) Personal property.
10        (1) Upon confirmation of the sale held pursuant to
11    Section 15-1507, any personal property remaining in or upon
12    the abandoned residential property shall be deemed to have
13    been abandoned by the owner of such personal property and
14    may be disposed of or donated by the holder of the
15    certificate of sale (or, if none, by the purchaser at the
16    sale). In the event of donation of any such personal
17    property, the holder of the certificate of sale (or, if
18    none, the purchaser at the sale) may transfer such donated
19    property with a bill of sale. No mortgagee or its
20    successors or assigns, holder of a certificate of sale, or
21    purchaser at the sale shall be liable for any such disposal
22    or donation of personal property.
23        (2) Notwithstanding paragraph (1) of this subsection
24    (k), in the event a lawful occupant is in possession of the
25    mortgaged real estate who has not been made a party to the
26    foreclosure and had his or her interests terminated

 

 

09700SB2534sam004- 28 -LRB097 14747 AJO 69879 a

1    therein, any personal property of the lawful occupant shall
2    not be deemed to have been abandoned, nor shall the rights
3    of the lawful occupant to any personal property be
4    affected.
5    (l) Notices to be posted at property address.
6        (1) The notice set out in this paragraph (1) of this
7    subsection (l) shall be conspicuously posted at the
8    property address at least 14 days before the hearing on the
9    motion requesting an expedited judgment and sale and shall
10    be in boldface, in at least 12 font type, and in
11    substantially the following form:
 
12
"NOTICE TO ANY TENANT OR OTHER LAWFUL
13
OCCUPANT OF THIS PROPERTY

 
14A lawsuit has been filed to foreclose on this property, and the
15party asking to foreclose on this property has asked a judge to
16find that THIS PROPERTY IS ABANDONED.
 
17The judge will be holding a hearing to decide whether this
18property is ABANDONED.
 
19IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
20CHOOSE TO GO TO THIS HEARING and explain to the judge how you
21are a lawful occupant of this property.
 

 

 

09700SB2534sam004- 29 -LRB097 14747 AJO 69879 a

1You also can ask any other person to go to this hearing for
2you, and this person does not have to be attorney. If you do
3have another person who is not an attorney go to this hearing
4for you, that person will not be authorized to represent you
5but could help explain to the judge how you are a lawful
6occupant of this property.
 
7If the judge is satisfied that you are a LAWFUL OCCUPANT of
8this property, the court will find that this property is NOT
9ABANDONED.
 
10This hearing will be held in the courthouse at the following
11address, date, and time:
 
12Court name:..................................................
13Court address:...............................................
14Court room number where hearing will be held:................
15(There should be a person in this room called a CLERK who can
16help you. Make sure you know THIS PROPERTY'S ADDRESS.)
17Date of hearing:.............................................
18Time of hearing:.............................................
 
19
MORE INFORMATION

 
20Name of lawsuit..............................................
21Number of lawsuit............................................

 

 

09700SB2534sam004- 30 -LRB097 14747 AJO 69879 a

1Address of this property.....................................
 
2
IMPORTANT

 
3This is NOT a notice to vacate the premises. You may wish to
4contact a lawyer or your local legal aid or housing counseling
5agency to discuss any rights that you may have.
 
6
WARNING

 
7INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
8STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
9UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
10LAW. 720 ILCS 5/21-3(a).
 
11
NO TRESPASSING

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

 

 

09700SB2534sam004- 31 -LRB097 14747 AJO 69879 a

1
"NOTICE TO ANY TENANT OR OTHER LAWFUL
2
OCCUPANT OF THIS PROPERTY

 
3A lawsuit has been filed to foreclose on this property, and the
4judge has found that THIS PROPERTY IS ABANDONED. As a result,
5THIS PROPERTY HAS BEEN OR WILL BE SOLD.
 
6HOWEVER, there still must be a hearing for the judge to approve
7the sale. The judge will NOT APPROVE this sale if the judge
8finds that any person lawfully occupies any part of this
9property.
 
10IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
11CHOOSE TO GO TO THIS HEARING and explain to the judge how you
12are a lawful occupant of this property. You also may appear
13BEFORE this hearing and explain to the judge how you are a
14lawful occupant of this property.
 
15If the judge is satisfied that you are a LAWFUL OCCUPANT of
16this property, the court will find that this property is NOT
17ABANDONED, and there will be no sale of the property at this
18time.
 
19This hearing will be held in the courthouse at the following
20address, date, and time:
 

 

 

09700SB2534sam004- 32 -LRB097 14747 AJO 69879 a

1Court name:..................................................
2Court address:...............................................
3Court room number where hearing will be held:................
4(There should be a person in this room called a CLERK who can
5help you. Make sure you know THIS PROPERTY'S ADDRESS.)
6Date of hearing:.............................................
7Time of hearing:.............................................
 
8
MORE INFORMATION

 
9Name of lawsuit..............................................
10Number of lawsuit............................................
11Address of this property.....................................
 
12
IMPORTANT

 
13This is NOT a notice to vacate the premises. You may wish to
14contact a lawyer or your local legal aid or housing counseling
15agency to discuss any rights that you may have.
 
16
WARNING

 
17INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
18STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
19UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS

 

 

09700SB2534sam004- 33 -LRB097 14747 AJO 69879 a

1LAW. 720 ILCS 5/21-3(a).
 
2
NO TRESPASSING

 
3KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
4CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
5FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
 
6    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
7    Sec. 15-1508. Report of Sale and Confirmation of Sale.
8    (a) Report. The person conducting the sale shall promptly
9make a report to the court, which report shall include a copy
10of all receipts and, if any, certificate of sale.
11    (b) Hearing. Upon motion and notice in accordance with
12court rules applicable to motions generally, which motion shall
13not be made prior to sale, the court shall conduct a hearing to
14confirm the sale. Unless the court finds that (i) a notice
15required in accordance with subsection (c) of Section 15-1507
16was not given, (ii) the terms of sale were unconscionable,
17(iii) the sale was conducted fraudulently, or (iv) justice was
18otherwise not done, the court shall then enter an order
19confirming the sale. The confirmation order shall include a
20name, address, and telephone number of the holder of the
21certificate of sale or deed issued pursuant to that certificate
22or, if no certificate or deed was issued, the purchaser, whom a
23municipality or county may contact with concerns about the real

 

 

09700SB2534sam004- 34 -LRB097 14747 AJO 69879 a

1estate. The confirmation order may also:
2        (1) approve the mortgagee's fees and costs arising
3    between the entry of the judgment of foreclosure and the
4    confirmation hearing, those costs and fees to be allowable
5    to the same extent as provided in the note and mortgage and
6    in Section 15-1504;
7        (2) provide for a personal judgment against any party
8    for a deficiency; and
9        (3) determine the priority of the judgments of parties
10    who deferred proving the priority pursuant to subsection
11    (h) of Section 15-1506, but the court shall not defer
12    confirming the sale pending the determination of such
13    priority.
14    (b-3) Hearing to confirm sale of abandoned residential
15property. Upon motion and notice by first-class mail to the
16last known address of the mortgagor, which motion shall be made
17prior to the sale and heard by the court at the earliest
18practicable time after conclusion of the sale, and upon the
19posting at the property address of the notice required by
20paragraph (2) of subsection (l) of Section 15-1505.8, the court
21shall enter an order confirming the sale of the abandoned
22residential property, unless the court finds that a reason set
23forth in items (i) through (iv) of subsection (b) of this
24Section exists for not approving the sale, or an order is
25entered pursuant to subsection (h) of Section 15-1505.8. The
26confirmation order also may address the matters identified in

 

 

09700SB2534sam004- 35 -LRB097 14747 AJO 69879 a

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

 

 

09700SB2534sam004- 36 -LRB097 14747 AJO 69879 a

1single address to which such notice shall be sent. If a
2municipality or county does not maintain a website, then the
3municipality or county must publicly post in its main office a
4single address to which such notice shall be sent. In the event
5that a municipality or county has not complied with the
6publication requirement in this subsection (b-10), then such
7notice to the municipality or county shall be provided pursuant
8to Section 2-211 of the Code of Civil Procedure.
9    (c) Failure to Give Notice. If any sale is held without
10compliance with subsection (c) of Section 15-1507 of this
11Article, any party entitled to the notice provided for in
12paragraph (3) of that subsection (c) who was not so notified
13may, by motion supported by affidavit made prior to
14confirmation of such sale, ask the court which entered the
15judgment to set aside the sale. Any such party shall guarantee
16or secure by bond a bid equal to the successful bid at the
17prior sale, unless the party seeking to set aside the sale is
18the mortgagor, the real estate sold at the sale is residential
19real estate, and the mortgagor occupies the residential real
20estate at the time the motion is filed. In that event, no
21guarantee or bond shall be required of the mortgagor. Any
22subsequent sale is subject to the same notice requirement as
23the original sale.
24    (d) Validity of Sale. Except as provided in subsection (c)
25of Section 15-1508, no sale under this Article shall be held
26invalid or be set aside because of any defect in the notice

 

 

09700SB2534sam004- 37 -LRB097 14747 AJO 69879 a

1thereof or in the publication of the same, or in the
2proceedings of the officer conducting the sale, except upon
3good cause shown in a hearing pursuant to subsection (b) of
4Section 15-1508. At any time after a sale has occurred, any
5party entitled to notice under paragraph (3) of subsection (c)
6of Section 15-1507 may recover from the mortgagee any damages
7caused by the mortgagee's failure to comply with such paragraph
8(3). Any party who recovers damages in a judicial proceeding
9brought under this subsection may also recover from the
10mortgagee the reasonable expenses of litigation, including
11reasonable attorney's fees.
12    (d-5) Making Home Affordable Program. The court that
13entered the judgment shall set aside a sale held pursuant to
14Section 15-1507, upon motion of the mortgagor at any time prior
15to the confirmation of the sale, if the mortgagor proves by a
16preponderance of the evidence that (i) the mortgagor has
17applied for assistance under the Making Home Affordable Program
18established by the United States Department of the Treasury
19pursuant to the Emergency Economic Stabilization Act of 2008,
20as amended by the American Recovery and Reinvestment Act of
212009, and (ii) the mortgaged real estate was sold in material
22violation of the program's requirements for proceeding to a
23judicial sale. The provisions of this subsection (d-5), except
24for this sentence, shall become inoperative on January 1, 2013
25for all actions filed under this Article after December 31,
262012, in which the mortgagor did not apply for assistance under

 

 

09700SB2534sam004- 38 -LRB097 14747 AJO 69879 a

1the Making Home Affordable Program on or before December 31,
22012.
3    (e) Deficiency Judgment. In any order confirming a sale
4pursuant to the judgment of foreclosure, the court shall also
5enter a personal judgment for deficiency against any party (i)
6if otherwise authorized and (ii) to the extent requested in the
7complaint and proven upon presentation of the report of sale in
8accordance with Section 15-1508. Except as otherwise provided
9in this Article, a judgment may be entered for any balance of
10money that may be found due to the plaintiff, over and above
11the proceeds of the sale or sales, and enforcement may be had
12for the collection of such balance, the same as when the
13judgment is solely for the payment of money. Such judgment may
14be entered, or enforcement had, only in cases where personal
15service has been had upon the persons personally liable for the
16mortgage indebtedness, unless they have entered their
17appearance in the foreclosure action.
18    (f) Satisfaction. Upon confirmation of the sale, the
19judgment stands satisfied to the extent of the sale price less
20expenses and costs. If the order confirming the sale includes a
21deficiency judgment, the judgment shall become a lien in the
22manner of any other judgment for the payment of money.
23    (g) The order confirming the sale shall include,
24notwithstanding any previous orders awarding possession during
25the pendency of the foreclosure, an award to the purchaser of
26possession of the mortgaged real estate, as of the date 30 days

 

 

09700SB2534sam004- 39 -LRB097 14747 AJO 69879 a

1after the entry of the order, against the parties to the
2foreclosure whose interests have been terminated.
3    An order of possession authorizing the removal of a person
4from possession of the mortgaged real estate shall be entered
5and enforced only against those persons personally named as
6individuals in the complaint or the petition under subsection
7(h) of Section 15-1701 and in the order of possession and shall
8not be entered and enforced against any person who is only
9generically described as an unknown owner or nonrecord claimant
10or by another generic designation in the complaint.
11    Notwithstanding the preceding paragraph, the failure to
12personally name, include, or seek an award of possession of the
13mortgaged real estate against a person in the confirmation
14order shall not abrogate any right that the purchaser may have
15to possession of the mortgaged real estate and to maintain a
16proceeding against that person for possession under Article 9
17of this Code or subsection (h) of Section 15-1701; and
18possession against a person who (1) has not been personally
19named as a party to the foreclosure and (2) has not been
20provided an opportunity to be heard in the foreclosure
21proceeding may be sought only by maintaining a proceeding under
22Article 9 of this Code or subsection (h) of Section 15-1701.
23    (h) With respect to mortgaged real estate containing 5 or
24more dwelling units, the order confirming the sale shall also
25provide that (i) the mortgagor shall transfer to the purchaser
26the security deposits, if any, that the mortgagor received to

 

 

09700SB2534sam004- 40 -LRB097 14747 AJO 69879 a

1secure payment of rent or to compensate for damage to the
2mortgaged real estate from any current occupant of a dwelling
3unit of the mortgaged real estate, as well as any statutory
4interest that has not been paid to the occupant, and (ii) the
5mortgagor shall provide an accounting of the security deposits
6that are transferred, including the name and address of each
7occupant for whom the mortgagor holds the deposit and the
8amount of the deposit and any statutory interest.
9(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
1096-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
118-26-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".