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Public Act 100-0407


 

Public Act 0407 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0407
 
SB0647 EnrolledLRB100 07145 HEP 17204 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 15-1504.1 and 15-1507.1 as follows:
 
    (735 ILCS 5/15-1504.1)
    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
Program Fund, Foreclosure Prevention Program Graduated Fund,
and Abandoned Residential Property Municipality Relief Fund.
    (a) Fee paid by all plaintiffs with respect to residential
real estate. With respect to residential real estate, at the
time of the filing of a foreclosure complaint, the plaintiff
shall pay to the clerk of the court in which the foreclosure
complaint is filed a fee of $50 for deposit into the
Foreclosure Prevention Program Fund, a special fund created in
the State treasury. The clerk shall remit the fee collected
pursuant to this subsection (a) to the State Treasurer to be
expended for the purposes set forth in Section 7.30 of the
Illinois Housing Development Act. All fees paid by plaintiffs
to the clerk of the court as provided in this subsection (a)
shall be disbursed within 60 days after receipt by the clerk of
the court as follows: (i) 98% to the State Treasurer for
deposit into the Foreclosure Prevention Program Fund, and (ii)
2% to the clerk of the court to be retained by the clerk for
deposit into the Circuit Court Clerk Operation and
Administrative Fund to defray administrative expenses related
to implementation of this subsection (a). Notwithstanding any
other law to the contrary, the Foreclosure Prevention Program
Fund is not subject to sweeps, administrative charge-backs, or
any other fiscal maneuver that would in any way transfer any
amounts from the Foreclosure Prevention Program Fund into any
other fund of the State.
    (a-5) Additional fee paid by plaintiffs with respect to
residential real estate.
        (1) Until January 1, 2020 2018, with respect to
    residential real estate, at the time of the filing of a
    foreclosure complaint and in addition to the fee set forth
    in subsection (a) of this Section, the plaintiff shall pay
    to the clerk of the court in which the foreclosure
    complaint is filed a fee for the Foreclosure Prevention
    Program Graduated Fund and the Abandoned Residential
    Property Municipality Relief Fund as follows:
            (A) The fee shall be $500 if:
                (i) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first tier foreclosure filing category and is
            filing the complaint on its own behalf as the
            holder of the indebtedness; or
                (ii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the first tier foreclosure filing
            category; or
                (iii) the plaintiff is not a depository
            institution and is filing the complaint on behalf
            of a mortgagee that, together with its affiliates,
            has filed a sufficient number of foreclosure
            complaints so as to be included in the first tier
            foreclosure filing category.
            (B) The fee shall be $250 if:
                (i) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            second tier foreclosure filing category and is
            filing the complaint on its own behalf as the
            holder of the indebtedness; or
                (ii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first or second tier foreclosure filing category
            and is filing the complaint on behalf of a
            mortgagee that, together with its affiliates, has
            filed a sufficient number of foreclosure
            complaints so as to be included in the second tier
            foreclosure filing category; or
                (iii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            second tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the first tier foreclosure filing
            category; or
                (iv) the plaintiff is not a depository
            institution and is filing the complaint on behalf
            of a mortgagee that, together with its affiliates,
            has filed a sufficient number of foreclosure
            complaints so as to be included in the second tier
            foreclosure filing category.
            (C) The fee shall be $50 if:
                (i) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            third tier foreclosure filing category and is
            filing the complaint on its own behalf as the
            holder of the indebtedness; or
                (ii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first, second, or third tier foreclosure filing
            category and is filing the complaint on behalf of a
            mortgagee that, together with its affiliates, has
            filed a sufficient number of foreclosure
            complaints so as to be included in the third tier
            foreclosure filing category; or
                (iii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            third tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the first tier foreclosure filing
            category; or
                (iv) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            third tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the second tier foreclosure
            filing category; or
                (v) the plaintiff is not a depository
            institution and is filing the complaint on behalf
            of a mortgagee that, together with its affiliates,
            has filed a sufficient number of foreclosure
            complaints so as to be included in the third tier
            foreclosure filing category.
        (2) The clerk shall remit the fee collected pursuant to
    paragraph (1) of this subsection (a-5) to the State
    Treasurer to be expended for the purposes set forth in
    Sections 7.30 and 7.31 of the Illinois Housing Development
    Act and for administrative expenses. All fees paid by
    plaintiffs to the clerk of the court as provided in
    paragraph (1) shall be disbursed within 60 days after
    receipt by the clerk of the court as follows:
            (A) 28% to the State Treasurer for deposit into the
        Foreclosure Prevention Program Graduated Fund;
            (B) 70% to the State Treasurer for deposit into the
        Abandoned Residential Property Municipality Relief
        Fund; and
            (C) 2% to the clerk of the court to be retained by
        the clerk for deposit into the Circuit Court Clerk
        Operation and Administrative Fund to defray
        administrative expenses related to implementation of
        this subsection (a-5).
        (3) Until January 1, 2020 2018, with respect to
    residential real estate, at the time of the filing of a
    foreclosure complaint, the plaintiff or plaintiff's
    representative shall file a verified statement that states
    which additional fee is due under paragraph (1) of this
    subsection (a-5), unless the court has established another
    process for a plaintiff or plaintiff's representative to
    certify which additional fee is due under paragraph (1) of
    this subsection (a-5).
        (4) If a plaintiff fails to provide the clerk of the
    court with a true and correct statement of the additional
    fee due under paragraph (1) of this subsection (a-5), and
    the mortgagor reimburses the plaintiff for any erroneous
    additional fee that was paid by the plaintiff to the clerk
    of the court, the mortgagor may seek a refund of any
    overpayment of the fee in an amount that shall not exceed
    the difference between the higher additional fee paid under
    paragraph (1) of this subsection (a-5) and the actual fee
    due thereunder. The mortgagor must petition the judge
    within the foreclosure action for the award of any fee
    overpayment pursuant to this paragraph (4) of this
    subsection (a-5), and the award shall be determined by the
    judge and paid by the clerk of the court out of the fund
    account into which the clerk of the court deposits fees to
    be remitted to the State Treasurer under paragraph (2) of
    this subsection (a-5), the timing of which refund payment
    shall be determined by the clerk of the court based upon
    the availability of funds in the subject fund account. This
    refund shall be the mortgagor's sole remedy and a mortgagor
    shall have no private right of action against the plaintiff
    or plaintiff's representatives if the additional fee paid
    by the plaintiff was erroneous.
        (5) This subsection (a-5) is inoperative on and after
    January 1, 2020 2018.
    (b) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted pursuant
to this Section during the preceding year.
    (c) As used in this Section:
    "Affiliate" means any company that controls, is controlled
by, or is under common control with another company.
    "Approved counseling agency" and "approved housing
counseling" have the meanings ascribed to those terms in
Section 7.30 of the Illinois Housing Development Act.
    "Depository institution" means a bank, savings bank,
savings and loan association, or credit union chartered,
organized, or holding a certificate of authority to do business
under the laws of this State, another state, or the United
States.
    "First tier foreclosure filing category" is a
classification that only applies to a plaintiff that has filed
175 or more foreclosure complaints on residential real estate
located in Illinois during the calendar year immediately
preceding the date of the filing of the subject foreclosure
complaint.
    "Second tier foreclosure filing category" is a
classification that only applies to a plaintiff that has filed
at least 50, but no more than 174, foreclosure complaints on
residential real estate located in Illinois during the calendar
year immediately preceding the date of the filing of the
subject foreclosure complaint.
    "Third tier foreclosure filing category" is a
classification that only applies to a plaintiff that has filed
no more than 49 foreclosure complaints on residential real
estate located in Illinois during the calendar year immediately
preceding the date of the filing of the subject foreclosure
complaint.
    (d) In no instance shall the fee set forth in subsection
(a-5) be assessed for any foreclosure complaint filed before
the effective date of this amendatory Act of the 97th General
Assembly.
    (e) Notwithstanding any other law to the contrary, the
Abandoned Residential Property Municipality Relief Fund is not
subject to sweeps, administrative charge-backs, or any other
fiscal maneuver that would in any way transfer any amounts from
the Abandoned Residential Property Municipality Relief Fund
into any other fund of the State.
(Source: P.A. 97-333, eff. 8-12-11; 97-1164, eff. 6-1-13;
98-20, eff. 6-11-13.)
 
    (735 ILCS 5/15-1507.1)
    (Section scheduled to be repealed on March 2, 2017)
    Sec. 15-1507.1. Judicial sale fee for Abandoned
Residential Property Municipality Relief Fund.
    (a) Upon and at the sale of residential real estate under
Section 15-1507, the purchaser shall pay to the person
conducting the sale pursuant to Section 15-1507 a fee for
deposit into the Abandoned Residential Property Municipality
Relief Fund, a special fund created in the State treasury. The
fee shall be calculated at the rate of $1 for each $1,000 or
fraction thereof of the amount paid by the purchaser to the
person conducting the sale, as reflected in the receipt of sale
issued to the purchaser, provided that in no event shall the
fee exceed $300. No fee shall be paid by the mortgagee
acquiring the residential real estate pursuant to its credit
bid at the sale or by any mortgagee, judgment creditor, or
other lienor acquiring the residential real estate whose rights
in and to the residential real estate arose prior to the sale.
Upon confirmation of the sale under Section 15-1508, the person
conducting the sale shall remit the fee to the clerk of the
court in which the foreclosure case is pending. The clerk shall
remit the fee to the State Treasurer as provided in this
Section, to be expended for the purposes set forth in Section
7.31 of the Illinois Housing Development Act.
    (b) All fees paid by purchasers as provided in this Section
shall be disbursed within 60 days after receipt by the clerk of
the court as follows: (i) 98% to the State Treasurer for
deposit into the Abandoned Residential Property Municipality
Relief Fund, and (ii) 2% to the clerk of the court to be
retained by the clerk for deposit into the Circuit Court Clerk
Operation and Administrative Fund to defray administrative
expenses related to implementation of this Section.
    (c) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted during
the preceding year pursuant to this Section.
    (d) Subsections (a) and (b) of this Section are operative
and shall become inoperative on January 1, 2020 2017. This
Section is repealed on March 2, 2020 2017.
    (e) All actions taken in the collection and remittance of
fees under this Section before the effective date of this
amendatory Act of the 100th General Assembly are ratified,
validated, and confirmed.
(Source: P.A. 98-20, eff. 6-11-13; 99-493, eff. 12-17-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017