Full Text of HB0046 100th General Assembly
HB0046ham001 100TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 3/6/2017
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| 1 | | AMENDMENT TO HOUSE BILL 46
| 2 | | AMENDMENT NO. ______. Amend House Bill 46 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 15-1505.8 as follows: | 6 | | (735 ILCS 5/15-1505.8) | 7 | | Sec. 15-1505.8. Expedited judgment and sale procedure for | 8 | | abandoned residential property. | 9 | | (a) Upon motion and notice, the mortgagee may elect to | 10 | | utilize the expedited judgment and sale procedure for abandoned | 11 | | residential property stated in this Section to obtain a | 12 | | judgment of foreclosure pursuant to Section 15-1506. The motion | 13 | | to expedite the judgment and sale may be combined with or made | 14 | | part of the motion requesting a judgment of foreclosure. The | 15 | | notice of the motion to expedite the judgment and sale shall be | 16 | | sent by first-class mail to the last known address of the |
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| 1 | | mortgagor, and the notice required by paragraph (1) of | 2 | | subsection (l) of this Section shall be posted at the property | 3 | | address. | 4 | | (b) The motion requesting an expedited judgment of | 5 | | foreclosure and sale may be filed by the mortgagee at the time | 6 | | the foreclosure complaint is filed or any time thereafter, and | 7 | | shall set forth the facts demonstrating that the mortgaged real | 8 | | estate is abandoned residential real estate under Section | 9 | | 15-1200.5 and shall be supported by affidavit. | 10 | | (c) If a motion for an expedited judgment and sale is filed | 11 | | at the time the foreclosure complaint is filed or before the | 12 | | period to answer the foreclosure complaint has expired, the | 13 | | motion shall be heard by the court no earlier than before the | 14 | | period to answer the foreclosure complaint has expired and no | 15 | | later than 21 days after the period to answer the foreclosure | 16 | | complaint has expired. | 17 | | (d) If a motion for an expedited judgment and sale is filed | 18 | | after the period to answer the foreclosure complaint has | 19 | | expired, the motion shall be heard no later than 21 days after | 20 | | the motion is filed. | 21 | | (e) The hearing shall be given priority by the court and | 22 | | shall be scheduled to be heard within the applicable time | 23 | | period set forth in subsection (c) or (d) of this Section. | 24 | | (f) Subject to subsection (g), at the hearing on the motion | 25 | | requesting an expedited judgment and sale, if the court finds | 26 | | that the mortgaged real estate is abandoned residential |
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| 1 | | property, the court shall grant the motion and immediately | 2 | | proceed to a trial of the foreclosure. A judgment of | 3 | | foreclosure under this Section shall include the matters | 4 | | identified in Section 15-1506. | 5 | | (g) The court may not grant the motion requesting an | 6 | | expedited judgment and sale if the mortgagor, an unknown owner, | 7 | | or a lawful occupant appears in the action in any manner before | 8 | | or at the hearing and objects to a finding of abandonment. | 9 | | (h) The court shall vacate an order issued pursuant to | 10 | | subsection (f) of this Section if the mortgagor or a lawful | 11 | | occupant appears in the action at any time prior to the court | 12 | | issuing an order confirming the sale pursuant to subsection | 13 | | (b-3) of Section 15-1508 and presents evidence establishing to | 14 | | the satisfaction of the court that the mortgagor or lawful | 15 | | occupant has not abandoned the mortgaged real estate. | 16 | | (i) The reinstatement period and redemption period for the | 17 | | abandoned residential property shall end in accordance with | 18 | | paragraph (4) of subsection (b) of Section 15-1603, and the | 19 | | abandoned residential property shall be sold at the earliest | 20 | | practicable time at a sale as provided in this Article. | 21 | | (j) The mortgagee or its agent may enter, secure, and | 22 | | maintain abandoned residential property subject to subsection | 23 | | (e-5) of Section 21-3 of the Criminal Code of 2012 ; however, | 24 | | the mortgagee or its agent may not use plywood to secure | 25 | | abandoned residential property. The changes to this Section by | 26 | | this amendatory Act of the 100th General Assembly apply to the |
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| 1 | | securing of abandoned residential property that takes place | 2 | | after the effective date of this amendatory Act of the 100th | 3 | | General Assembly . | 4 | | (k) Personal property. | 5 | | (1) Upon confirmation of the sale held pursuant to | 6 | | Section 15-1507, any personal property remaining in or upon | 7 | | the abandoned residential property shall be deemed to have | 8 | | been abandoned by the owner of such personal property and | 9 | | may be disposed of or donated by the holder of the | 10 | | certificate of sale (or, if none, by the purchaser at the | 11 | | sale). In the event of donation of any such personal | 12 | | property, the holder of the certificate of sale (or, if | 13 | | none, the purchaser at the sale) may transfer such donated | 14 | | property with a bill of sale. No mortgagee or its | 15 | | successors or assigns, holder of a certificate of sale, or | 16 | | purchaser at the sale shall be liable for any such disposal | 17 | | or donation of personal property. | 18 | | (2) Notwithstanding paragraph (1) of this subsection | 19 | | (k), in the event a lawful occupant is in possession of the | 20 | | mortgaged real estate who has not been made a party to the | 21 | | foreclosure and had his or her interests terminated | 22 | | therein, any personal property of the lawful occupant shall | 23 | | not be deemed to have been abandoned, nor shall the rights | 24 | | of the lawful occupant to any personal property be | 25 | | affected. | 26 | | (l) Notices to be posted at property address. |
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| 1 | | (1) The notice set out in this paragraph (1) of this | 2 | | subsection (l) shall be conspicuously posted at the | 3 | | property address at least 14 days before the hearing on the | 4 | | motion requesting an expedited judgment and sale and shall | 5 | | be in boldface, in at least 12 point type, and in | 6 | | substantially the following form: | 7 | | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | 8 | | OCCUPANT OF THIS PROPERTY | 9 | | A lawsuit has been filed to foreclose on this property, and the | 10 | | party asking to foreclose on this property has asked a judge to | 11 | | find that THIS PROPERTY IS ABANDONED. | 12 | | The judge will be holding a hearing to decide whether this | 13 | | property is ABANDONED. | 14 | | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY | 15 | | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | 16 | | are a lawful occupant of this property. | 17 | | If the judge is satisfied that you are a LAWFUL OCCUPANT of | 18 | | this property, the court will find that this property is NOT | 19 | | ABANDONED. | 20 | | This hearing will be held in the courthouse at the following |
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| 1 | | address, date, and time: | 2 | | Court name: .................................................. | 3 | | Court address: ............................................... | 4 | | Court room number where hearing will be held: ................ | 5 | | (There should be a person in this room called a CLERK who can | 6 | | help you. Make sure you know THIS PROPERTY'S ADDRESS.) | 7 | | Date of hearing: ............................................. | 8 | | Time of hearing: ............................................. | 9 | | MORE INFORMATION | 10 | | Name of lawsuit: ............................................. | 11 | | Number of lawsuit: ........................................... | 12 | | Address of this property: .................................... | 13 | | IMPORTANT | 14 | | This is NOT a notice to vacate the premises. You may wish to | 15 | | contact a lawyer or your local legal aid or housing counseling | 16 | | agency to discuss any rights that you may have. | 17 | | WARNING | 18 | | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | 19 | | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY |
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| 1 | | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | 2 | | LAW. 720 ILCS 5/21-3(a). | 3 | | NO TRESPASSING | 4 | | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | 5 | | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A | 6 | | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". | 7 | | (2) The notice set out in this paragraph (2) of this | 8 | | subsection (l) shall be conspicuously posted at the | 9 | | property address at least 14 days before the hearing to | 10 | | confirm the sale of the abandoned residential property and | 11 | | shall be in boldface, in at least 12 point type, and in | 12 | | substantially the following form: | 13 | | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | 14 | | OCCUPANT OF THIS PROPERTY | 15 | | A lawsuit has been filed to foreclose on this property, and the | 16 | | judge has found that THIS PROPERTY IS ABANDONED. As a result, | 17 | | THIS PROPERTY HAS BEEN OR WILL BE SOLD. | 18 | | HOWEVER, there still must be a hearing for the judge to approve | 19 | | the sale. The judge will NOT APPROVE this sale if the judge | 20 | | finds that any person lawfully occupies any part of this | 21 | | property. |
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| 1 | | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY | 2 | | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | 3 | | are a lawful occupant of this property. You also may appear | 4 | | BEFORE this hearing and explain to the judge how you are a | 5 | | lawful occupant of this property. | 6 | | If the judge is satisfied that you are a LAWFUL OCCUPANT of | 7 | | this property, the court will find that this property is NOT | 8 | | ABANDONED, and there will be no sale of the property at this | 9 | | time. | 10 | | This hearing will be held in the courthouse at the following | 11 | | address, date, and time: | 12 | | Court name: .................................................. | 13 | | Court address: ............................................... | 14 | | Court room number where hearing will be held: ................ | 15 | | (There should be a person in this room called a CLERK who can | 16 | | help you. Make sure you know THIS PROPERTY'S ADDRESS.) | 17 | | Date of hearing: ............................................. | 18 | | Time of hearing: ............................................. | 19 | | MORE INFORMATION | 20 | | Name of lawsuit: ............................................. |
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| 1 | | Number of lawsuit: ........................................... | 2 | | Address of this property: .................................... | 3 | | IMPORTANT | 4 | | This is NOT a notice to vacate the premises. You may wish to | 5 | | contact a lawyer or your local legal aid or housing counseling | 6 | | agency to discuss any rights that you may have. | 7 | | WARNING | 8 | | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | 9 | | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY | 10 | | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | 11 | | LAW. 720 ILCS 5/21-3(a). | 12 | | NO TRESPASSING | 13 | | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | 14 | | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A | 15 | | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
| 16 | | (Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.)".
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