(735 ILCS 5/15-1108) Sec. 15-1108. Declaration of policy relating to abandoned residential property. The following findings directly relate to the changes made by this amendatory Act of the 97th General Assembly. The General Assembly finds that residential mortgage foreclosures and the abandoned properties that sometimes follow create enormous challenges for Illinois residents, local governments, and the courts, reducing neighboring property values, reducing the tax base, increasing crime, placing neighbors at greater risk of foreclosure, imposing additional costs on local governments, and increasing the burden on the courts of this State; conversely, maintaining and securing abandoned properties stabilizes property values and the tax base, decreases crime, reduces the risk of foreclosure for nearby properties, thus reducing costs for local governments and making a substantial contribution to the operation and maintenance of the courts of this State by reducing the volume of matters which burden the court system in this State. The General Assembly further finds that the average foreclosure case for residential property takes close to 2 years in Illinois; when a property is abandoned, the lengthy foreclosure process harms lien-holders, neighbors, and local governments, and imposes significant and unnecessary burdens on the courts of this State; and an expedited foreclosure process for abandoned residential property can also help the courts of this State by decreasing the volume of foreclosure cases and allowing these cases to proceed more efficiently through the court system. The General Assembly further finds that housing counseling has proven to be an effective way to help many homeowners find alternatives to foreclosure; and that housing counseling therefore also reduces the volume of matters which burden the court system in this State and allows the courts to more efficiently handle the burden of foreclosure cases.
(Source: P.A. 97-1164, eff. 6-1-13 .) |
(735 ILCS 5/Art. XV Pt. 12 heading) Part 12.
Definitions
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(735 ILCS 5/15-1200.5) Sec. 15-1200.5. Abandoned residential property. "Abandoned residential property" means residential real estate that: (a) either: (1) is not occupied by any mortgagor or lawful | ||
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(2) contains an incomplete structure if the real | ||
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(b) with respect to which either: (1) two or more of the following conditions are shown | ||
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(A) construction was initiated on the property | ||
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(B) multiple windows on the property are boarded | ||
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(C) doors on the property are smashed through, | ||
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(D) the property has been stripped of copper or | ||
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(E) gas, electrical, or water services to the | ||
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(F) there exist one or more written statements of | ||
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(G) law enforcement officials have received at | ||
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(H) the property has been declared unfit for | ||
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(I) the local police, fire, or code enforcement | ||
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(J) the property is open and unprotected and in | ||
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(K) there exists other evidence indicating a | ||
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(2) the real estate is zoned for residential | ||
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(Source: P.A. 97-1164, eff. 6-1-13 .) |
(735 ILCS 5/15-1200.7) Sec. 15-1200.7. Abandoned residential property; exceptions. A property shall not be considered abandoned residential property if: (i) there is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in substantial compliance with all applicable ordinances, codes, regulations, and laws; (ii) there is a building occupied on a seasonal basis, but otherwise secure; (iii) there is a secure building on which there are bona fide rental or sale signs; (iv) there is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute; or (v) there is a building that is otherwise secure and in substantial compliance with all applicable ordinances, codes, regulations, and laws.
(Source: P.A. 97-1164, eff. 6-1-13 .) |
(735 ILCS 5/15-1201) (from Ch. 110, par. 15-1201)
Sec. 15-1201. Agricultural Real Estate. "Agricultural real estate"
means real estate which is used primarily (i)
for the growing and harvesting of crops, (ii) for the feeding, breeding
and management of livestock, (iii) for dairying, or (iv) for any other agricultural
or horticultural use or combination thereof, including without limitation, aquaculture,
silviculture, and any other activities customarily engaged in by persons
engaged in the business of farming.
(Source: P.A. 95-331, eff. 8-21-07.)
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(735 ILCS 5/15-1202) (from Ch. 110, par. 15-1202)
Sec. 15-1202.
Collateral Assignment of Beneficial Interest.
"Collateral
assignment of beneficial interest" means any pledge or assignment of the
beneficial interest in a land trust to any person to secure a debt or other obligation.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1202.5)
Sec. 15-1202.5. Dwelling unit. For the purposes of Sections 9-207.5, 15-1224, 15-1225, 15-1506, 15-1508, 15-1508.5, 15-1701, 15-1703, and 15-1704 only, "dwelling unit" means a room or suite of rooms providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life.
(Source: P.A. 97-575, eff. 8-26-11; 98-514, eff. 11-19-13.) |
(735 ILCS 5/15-1203) (from Ch. 110, par. 15-1203)
Sec. 15-1203.
Foreclosure.
"Foreclosure" means an action commenced
under this Article and "to foreclose" means to terminate legal and equitable
interests in real estate pursuant to a foreclosure.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1204) (from Ch. 110, par. 15-1204)
Sec. 15-1204.
Guarantor.
"Guarantor" means any person who has
undertaken to pay any indebtedness or perform any obligation of a mortgagor
under a mortgage or of any other person who owes payment or the performance
of other obligations secured by the mortgage, which undertaking is made by
a guaranty or surety agreement of any kind.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1205) (from Ch. 110, par. 15-1205)
Sec. 15-1205.
Land Trust.
"Land trust" means any trust arrangement
under which the legal and equitable title to real estate is held by a
trustee, the interest of the beneficiary of the trust is personal property
and the beneficiary or any person designated in writing by the beneficiary
has (i) the exclusive power to direct or control the trustee in dealing
with the title to the trust property, (ii) the exclusive control of the
management, operation, renting and selling of the trust property and (iii)
the exclusive right to the earnings, avails and proceeds of the trust property.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1206) (from Ch. 110, par. 15-1206)
Sec. 15-1206. Mechanics' Lien. "Mechanics' lien" or "mechanics' lien
claim" means a lien or claim arising under the Mechanics
Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/15-1207) (from Ch. 110, par. 15-1207)
Sec. 15-1207.
Mortgage.
"Mortgage" means any consensual lien created
by a written instrument which grants or retains an interest in real estate
to secure a debt or other obligation. The term "mortgage" includes, without limitation:
(a) mortgages securing "reverse mortgage" loans as authorized by
subsection (a) of Section
5 of the Illinois Banking Act;
(b) mortgages securing "revolving credit" loans as authorized by
subsection (c) of Section
5 of the Illinois Banking Act, Section 1-6b of the Illinois Savings and
Loan Act and Section 46 of the Illinois Credit Union Act;
(c) every deed conveying real estate, although an absolute conveyance in
its terms, which shall have been intended only as a security in the nature
of a mortgage;
(d) equitable mortgages; and
(e) instruments which would have been deemed instruments in the nature
of a mortgage prior to the effective date of this amendatory Act of 1987.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1208) (from Ch. 110, par. 15-1208)
Sec. 15-1208.
Mortgagee.
"Mortgagee" means (i) the holder of an
indebtedness or obligee of a
non-monetary obligation secured by a mortgage or any person designated or
authorized to act on behalf of such holder and (ii) any person claiming
through a mortgagee as successor.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1209) (from Ch. 110, par. 15-1209)
Sec. 15-1209.
Mortgagor.
"Mortgagor" means (i) the person whose
interest in the real estate is the subject of the mortgage and (ii) any
person claiming through a mortgagor as successor.
Where a mortgage is executed by a trustee of a land trust, the mortgagor
is the trustee and not the beneficiary or beneficiaries.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1210) (from Ch. 110, par. 15-1210)
Sec. 15-1210.
Nonrecord Claimant.
"Nonrecord claimant" means any
person (i) who has or claims to have an interest in mortgaged real estate,
(ii) whose name or interest, at the time a notice of foreclosure is
recorded in accordance with Section 15-1503, is not disclosed of record
either (1) by means of a recorded notice or (2) by means of a proceeding
which under the law as in effect at the time the foreclosure is commenced
would afford constructive notice of the existence of such interest and
(iii) whose interest falls in any of the following categories: (1) right of
homestead, (2) judgment creditor, (3) beneficial interest under any trust
other than the beneficial interest of a beneficiary of a trust in actual
possession of all or part of the real estate or (4) mechanics' lien claim.
Notwithstanding the foregoing, for the purpose of this Article no
proceeding shall be deemed to constitute constructive notice of the
interest of any nonrecord claimant in the mortgaged real estate unless in
the proceeding there is a legal description of the real estate sufficient
to identify it with reasonable certainty. The classification of any person
as a nonrecord claimant under the foregoing definition shall not be
affected by any actual notice or knowledge
of or attributable to the mortgagee.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1211) (from Ch. 110, par. 15-1211)
Sec. 15-1211.
Notice of Foreclosure.
"Notice of foreclosure" means
the notice of a foreclosure which is made and recorded in accordance with
Section 15-1503 of this Article.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1212) (from Ch. 110, par. 15-1212)
Sec. 15-1212.
Owner of Redemption.
"Owner of redemption" means a
mortgagor, or other owner or co-owner of the
mortgaged real estate.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1213) (from Ch. 110, par. 15-1213)
Sec. 15-1213. Real Estate. "Real estate" means land or any estate or
interest in, over or under land (including minerals, air rights,
structures, fixtures and other things which by custom, usage or law pass
with a conveyance of land though not described or mentioned in the contract
of sale or instrument of conveyance). "Mortgaged real estate" means the
real estate which is the subject of a mortgage. "Real estate" includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
(Source: P.A. 98-749, eff. 7-16-14.)
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(735 ILCS 5/15-1214) (from Ch. 110, par. 15-1214)
Sec. 15-1214.
Real Estate Installment Contract.
"Real estate
installment contract" means any agreement or contract for a deed under
which the purchase price is to be paid in installments with title to the
real estate to be conveyed to the buyer upon payment of the purchase price
or a specified portion thereof. For the purpose of this definition, an
earnest money deposit shall not be considered an installment.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1215) (from Ch. 110, par. 15-1215)
Sec. 15-1215.
Receiver.
"Receiver" means a receiver appointed
pursuant to Section 15-1704 of this Article.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1216) (from Ch. 110, par. 15-1216)
Sec. 15-1216.
Recorder.
"Recorder" means (i) the Recorder
of the county in which the mortgaged real estate is located or (ii) if the
mortgaged real estate is registered under the Torrens Act, the Registrar of
Titles of the county in which the mortgaged real estate is located.
"Recorder" includes any authorized assistant or employee of the Recorder.
(Source: P.A. 84-1462.)
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