98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1674

 

Introduced 2/13/2013, by Sen. Jacqueline Y. Collins - John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Housing Development Act. Adds a cross reference to the Code of Civil Procedure in a Section concerning the Abandoned Residential Property Municipality Relief Program. Amends the Code of Civil Procedure. Provides that 2% of certain fees collected shall be retained by the clerk of court for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses. Replaces provisions concerning the imposition of additional fees with language providing that until January 1, 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 statement that states which additional fee is due; or comply with other process established by the court for a plaintiff to certify which additional fee is due. Provides that if a plaintiff fails to provide the clerk of the court with a true and correct statement of the additional fee due, 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 does not exceed the difference between the higher additional fee paid and the actual fee due. Provides that the mortgagor must petition the judge in the foreclosure action for the award of any fee overpayment, and the award shall be determined by the judge and paid by the clerk of the court out of the Circuit Court Clerk Operation and Administrative Fund. Provides that the refund is the mortgagor's sole remedy and a mortgagor has no private right of action against the plaintiff or plaintiff's representatives if the additional fee paid by the plaintiff is erroneous. Provides that certain motions for an expedited judgment and sale shall be heard by the court no later than 21 (instead of 15) days after the period to answer the foreclosure complaint has expired, or, if a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, no later than 21 (instead of 15) days after the motion is filed. Effective June 1, 2013.


LRB098 08582 HEP 38699 b

 

 

A BILL FOR

 

SB1674LRB098 08582 HEP 38699 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Housing Development Act is amended
5by changing Section 7.31 as follows:
 
6    (20 ILCS 3805/7.31)
7    Sec. 7.31. Abandoned Residential Property Municipality
8Relief Program.
9    (a) The Authority shall establish and administer an
10Abandoned Residential Property Municipality Relief Program.
11The Authority shall use moneys in the Abandoned Residential
12Property Municipality Relief Fund, and any other funds
13appropriated for this purpose, to make grants to municipalities
14and to counties to assist with costs incurred by the
15municipality or county for: cutting of neglected weeds or
16grass, trimming of trees or bushes, and removal of nuisance
17bushes or trees; extermination of pests or prevention of the
18ingress of pests; removal of garbage, debris, and graffiti;
19boarding up, closing off, or locking windows or entrances or
20otherwise making the interior of a building inaccessible to the
21general public; surrounding part or all of an abandoned
22residential property's underlying parcel with a fence or wall
23or otherwise making part or all of the abandoned residential

 

 

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1property's underlying parcel inaccessible to the general
2public; demolition of abandoned residential property; and
3repair or rehabilitation of abandoned residential property, as
4approved by the Authority under the Program. For purposes of
5this subsection (a), "pests" has the meaning ascribed to that
6term in subsection (c) of Section 11-20-8 of the Illinois
7Municipal Code. The Authority shall promulgate rules for the
8administration, operation, and maintenance of the Program and
9may adopt emergency rules as soon as practicable to begin
10implementation of the Program.
11    (b) Subject to appropriation, the Authority shall make
12grants from the Abandoned Residential Property Municipality
13Relief Fund derived from fees paid as specified in paragraph
14(1) of subsection (a-5) of Section 15-1504.1 and subsection (a)
15of Section 15-1507.1 of the Code of Civil Procedure as follows:
16        (1) 30% of the moneys in the Fund shall be used to make
17    grants to municipalities other than the City of Chicago in
18    Cook County and to Cook County;
19        (2) 25% of the moneys in the Fund shall be used to make
20    grants to the City of Chicago;
21        (3) 30% of the moneys in the Fund shall be used to make
22    grants to municipalities in DuPage, Kane, Lake, McHenry and
23    Will Counties, and to those counties; and
24        (4) 15% of the moneys in the Fund shall be used to make
25    grants to municipalities in Illinois in counties other than
26    Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and

 

 

SB1674- 3 -LRB098 08582 HEP 38699 b

1    to counties other than Cook, DuPage, Kane, Lake, McHenry,
2    and Will Counties. Grants distributed to the
3    municipalities and counties identified in this paragraph
4    (4) shall be based (i) proportionately on the amount of
5    fees paid to the respective clerks of the courts within
6    these counties and (ii) on any other factors that the
7    Authority deems appropriate.
8(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
 
9    Section 10. The Code of Civil Procedure is amended by
10changing Sections 15-1504.1, 15-1505.8, and 15-1507.1 as
11follows:
 
12    (735 ILCS 5/15-1504.1)
13    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
14Program Fund and Abandoned Residential Property Municipality
15Relief Fund.
16    (a) Fee paid by all plaintiffs with respect to residential
17real estate. With respect to residential real estate, at the
18time of the filing of a foreclosure complaint, the plaintiff
19shall pay to the clerk of the court in which the foreclosure
20complaint is filed a fee of $50 for deposit into the
21Foreclosure Prevention Program Fund, a special fund created in
22the State treasury. The clerk shall remit the fee collected
23pursuant to this subsection (a) to the State Treasurer to be
24expended for the purposes set forth in Section 7.30 of the

 

 

SB1674- 4 -LRB098 08582 HEP 38699 b

1Illinois Housing Development Act. All fees paid by plaintiffs
2to the clerk of the court as provided in this subsection (a)
3shall be disbursed within 60 days after receipt by the clerk of
4the court as follows: (i) 98% to the State Treasurer for
5deposit into the Foreclosure Prevention Program Fund, and (ii)
62% to the clerk of the court to be retained by the clerk for
7deposit into the Circuit Court Clerk Operation and
8Administrative Fund to defray for administrative expenses
9related to implementation of this subsection (a).
10Notwithstanding any other law to the contrary, the Foreclosure
11Prevention Program Fund is not subject to sweeps,
12administrative charge-backs, or any other fiscal maneuver that
13would in any way transfer any amounts from the Foreclosure
14Prevention Program Fund into any other fund of the State.
15    (a-5) Additional fee paid by plaintiffs with respect to
16residential real estate.
17        (1) Until January 1, 2018, with respect to residential
18    real estate, at the time of the filing of a foreclosure
19    complaint and in addition to the fee set forth in
20    subsection (a) of this Section, the plaintiff shall pay to
21    the clerk of the court in which the foreclosure complaint
22    is filed a fee for the Foreclosure Prevention Program Fund
23    and the Abandoned Residential Property Municipality Relief
24    Fund as follows:
25            (A) The fee shall be $500 if:
26                (i) the plaintiff, together with its

 

 

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1            affiliates, has filed a sufficient number of
2            foreclosure complaints so as to be included in the
3            first tier foreclosure filing category and is
4            filing the complaint on its own behalf as the
5            holder of the indebtedness; or
6                (ii) the plaintiff, together with its
7            affiliates, has filed a sufficient number of
8            foreclosure complaints so as to be included in the
9            first tier foreclosure filing category and is
10            filing the complaint on behalf of a mortgagee that,
11            together with its affiliates, has filed a
12            sufficient number of foreclosure complaints so as
13            to be included in the first tier foreclosure filing
14            category; or
15                (iii) the plaintiff is not a depository
16            institution and is filing the complaint on behalf
17            of a mortgagee that, together with its affiliates,
18            has filed a sufficient number of foreclosure
19            complaints so as to be included in the first tier
20            foreclosure filing category.
21            (B) The fee shall be $250 if:
22                (i) the plaintiff, together with its
23            affiliates, has filed a sufficient number of
24            foreclosure complaints so as to be included in the
25            second tier foreclosure filing category and is
26            filing the complaint on its own behalf as the

 

 

SB1674- 6 -LRB098 08582 HEP 38699 b

1            holder of the indebtedness; or
2                (ii) the plaintiff, together with its
3            affiliates, has filed a sufficient number of
4            foreclosure complaints so as to be included in the
5            first or second tier foreclosure filing category
6            and is filing the complaint on behalf of a
7            mortgagee that, together with its affiliates, has
8            filed a sufficient number of foreclosure
9            complaints so as to be included in the second tier
10            foreclosure filing category; or
11                (iii) the plaintiff, together with its
12            affiliates, has filed a sufficient number of
13            foreclosure complaints so as to be included in the
14            second tier foreclosure filing category and is
15            filing the complaint on behalf of a mortgagee that,
16            together with its affiliates, has filed a
17            sufficient number of foreclosure complaints so as
18            to be included in the first tier foreclosure filing
19            category; or
20                (iv) the plaintiff is not a depository
21            institution and is filing the complaint on behalf
22            of a mortgagee that, together with its affiliates,
23            has filed a sufficient number of foreclosure
24            complaints so as to be included in the second tier
25            foreclosure filing category.
26            (C) The fee shall be $50 if:

 

 

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1                (i) the plaintiff, together with its
2            affiliates, has filed a sufficient number of
3            foreclosure complaints so as to be included in the
4            third tier foreclosure filing category and is
5            filing the complaint on its own behalf as the
6            holder of the indebtedness; or
7                (ii) the plaintiff, together with its
8            affiliates, has filed a sufficient number of
9            foreclosure complaints so as to be included in the
10            first, second, or third tier foreclosure filing
11            category and is filing the complaint on behalf of a
12            mortgagee that, together with its affiliates, has
13            filed a sufficient number of foreclosure
14            complaints so as to be included in the third tier
15            foreclosure filing category; or
16                (iii) the plaintiff, together with its
17            affiliates, has filed a sufficient number of
18            foreclosure complaints so as to be included in the
19            third tier foreclosure filing category and is
20            filing the complaint on behalf of a mortgagee that,
21            together with its affiliates, has filed a
22            sufficient number of foreclosure complaints so as
23            to be included in the first tier foreclosure filing
24            category; or
25                (iv) the plaintiff, together with its
26            affiliates, has filed a sufficient number of

 

 

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1            foreclosure complaints so as to be included in the
2            third tier foreclosure filing category and is
3            filing the complaint on behalf of a mortgagee that,
4            together with its affiliates, has filed a
5            sufficient number of foreclosure complaints so as
6            to be included in the second tier foreclosure
7            filing category; or
8                (v) the plaintiff is not a depository
9            institution and is filing the complaint on behalf
10            of a mortgagee that, together with its affiliates,
11            has filed a sufficient number of foreclosure
12            complaints so as to be included in the third tier
13            foreclosure filing category.
14        (2) The clerk shall remit the fee collected pursuant to
15    paragraph (1) of this subsection (a-5) to the State
16    Treasurer to be expended for the purposes set forth in
17    Sections 7.30 and 7.31 of the Illinois Housing Development
18    Act and for administrative expenses. All fees paid by
19    plaintiffs to the clerk of the court as provided in
20    paragraph (1) shall be disbursed within 60 days after
21    receipt by the clerk of the court as follows:
22            (A) 28% to the State Treasurer for deposit into the
23        Foreclosure Prevention Program Fund;
24            (B) 70% to the State Treasurer for deposit into the
25        Abandoned Residential Property Municipality Relief
26        Fund; and

 

 

SB1674- 9 -LRB098 08582 HEP 38699 b

1            (C) 2% to the clerk of the court to be retained by
2        the clerk for deposit into the Circuit Court Clerk
3        Operation and Administrative Fund to defray for
4        administrative expenses related to implementation of
5        this subsection (a-5).
6        (3) Until January 1, 2018, with respect to residential
7    real estate, at the time of the filing of a foreclosure
8    complaint, the plaintiff or plaintiff's representative
9    shall:
10            (A) file a statement that states which additional
11        fee is due under paragraph (1) of subsection (a-5); or
12            (B) comply with other process established by the
13        court for a plaintiff to certify which additional fee
14        is due under paragraph (1) of subsection (a-5).
15        (3) To determine whether a plaintiff is subject to the
16    fee as set forth in paragraph (1) of this subsection (a-5),
17    a person, including the clerk of the court, may rely on:
18            (A) a verified statement filed by the plaintiff at
19        the time of filing the foreclosure complaint that
20        states whether the plaintiff has an obligation to pay
21        an additional fee as set forth in subsection (a-5) and
22        if so whether the fee is due under subparagraph (A),
23        (B), or (C) of paragraph (1) of subsection (a-5); or
24            (B) such other processes established by the clerk
25        of the court for plaintiffs to certify their
26        eligibility for the exemption from the additional fee

 

 

SB1674- 10 -LRB098 08582 HEP 38699 b

1        set forth in subsection (a-5).
2        (4) If a plaintiff fails to provide the clerk of the
3    court with a true and correct statement of the additional
4    fee due under paragraph (1) of subsection (a-5), and the
5    mortgagor reimburses the plaintiff for any erroneous
6    additional fee that was paid by the plaintiff to the clerk
7    of the court, the mortgagor may seek a refund of any
8    overpayment of the fee in an amount that shall not exceed
9    the difference between the higher additional fee paid under
10    paragraph (1) of this subsection (a-5) and the actual fee
11    due thereunder. The mortgagor must petition the judge
12    within the foreclosure action for the award of any fee
13    overpayment pursuant to this paragraph (4) of subsection
14    (a-5), and the award shall be determined by the judge and
15    paid by the clerk of the court out of the Circuit Court
16    Clerk Operation and Administrative Fund. This refund shall
17    be the mortgagor's sole remedy and a mortgagor shall have
18    no private right of action against the plaintiff or
19    plaintiff's representatives if the additional fee paid by
20    the plaintiff was erroneous.
21        (5) This subsection (a-5) is inoperative on and after
22    January 1, 2018.
23    (b) Not later than March 1 of each year, the clerk of the
24court shall submit to the Illinois Housing Development
25Authority a report of the funds collected and remitted pursuant
26to this Section during the preceding year.

 

 

SB1674- 11 -LRB098 08582 HEP 38699 b

1    (c) As used in this Section:
2    "Affiliate" means any company that controls, is controlled
3by, or is under common control with another company.
4    "Approved counseling agency" and "approved housing
5counseling" have the meanings ascribed to those terms in
6Section 7.30 of the Illinois Housing Development Act.
7    "Depository institution" means a bank, savings bank,
8savings and loan association, or credit union chartered,
9organized, or holding a certificate of authority to do business
10under the laws of this State, another state, or the United
11States.
12    "First tier foreclosure filing category" is a
13classification that only applies to a plaintiff that has filed
14175 or more foreclosure complaints on residential real estate
15located in Illinois during the calendar year immediately
16preceding the date of the filing of the subject foreclosure
17complaint.
18    "Second tier foreclosure filing category" is a
19classification that only applies to a plaintiff that has filed
20at least 50, but no more than 174, foreclosure complaints on
21residential real estate located in Illinois during the calendar
22year immediately preceding the date of the filing of the
23subject foreclosure complaint.
24    "Third tier foreclosure filing category" is a
25classification that only applies to a plaintiff that has filed
26no more than 49 foreclosure complaints on residential real

 

 

SB1674- 12 -LRB098 08582 HEP 38699 b

1estate located in Illinois during the calendar year immediately
2preceding the date of the filing of the subject foreclosure
3complaint.
4    (d) In no instance shall the fee set forth in subsection
5(a-5) be assessed for any foreclosure complaint filed before
6the effective date of this amendatory Act of the 97th General
7Assembly.
8    (e) Notwithstanding any other law to the contrary, the
9Abandoned Residential Property Municipality Relief Fund is not
10subject to sweeps, administrative charge-backs, or any other
11fiscal maneuver that would in any way transfer any amounts from
12the Abandoned Residential Property Municipality Relief Fund
13into any other fund of the State.
14(Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11;
1597-1164, eff. 6-1-13.)
 
16    (735 ILCS 5/15-1505.8)
17    (This Section may contain text from a Public Act with a
18delayed effective date)
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

 

 

SB1674- 13 -LRB098 08582 HEP 38699 b

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 21 15 days after the period to answer the
19foreclosure complaint 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 21 15 days
23after the 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.

 

 

SB1674- 14 -LRB098 08582 HEP 38699 b

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 the mortgagor, an unknown owner,
10or a lawful occupant appears in the action in any manner before
11or at the hearing and objects to a finding of abandonment.
12    (h) The court shall vacate an order issued pursuant to
13subsection (f) of this Section if the mortgagor or a lawful
14occupant appears in the action at any time prior to the court
15issuing an order confirming the sale pursuant to subsection
16(b-3) of Section 15-1508 and presents evidence establishing to
17the satisfaction of the court that the mortgagor or lawful
18occupant has not abandoned the mortgaged real estate.
19    (i) The reinstatement period and redemption period for the
20abandoned residential property shall end in accordance with
21paragraph (4) of subsection (b) of Section 15-1603, and the
22abandoned residential property shall be sold at the earliest
23practicable time at a sale as provided in this Article.
24    (j) The mortgagee or its agent may enter, secure, and
25maintain abandoned residential property subject to subsection
26(e-5) of Section 21-3 of the Criminal Code of 2012.

 

 

SB1674- 15 -LRB098 08582 HEP 38699 b

1    (k) Personal property.
2        (1) Upon confirmation of the sale held pursuant to
3    Section 15-1507, any personal property remaining in or upon
4    the abandoned residential property shall be deemed to have
5    been abandoned by the owner of such personal property and
6    may be disposed of or donated by the holder of the
7    certificate of sale (or, if none, by the purchaser at the
8    sale). In the event of donation of any such personal
9    property, the holder of the certificate of sale (or, if
10    none, the purchaser at the sale) may transfer such donated
11    property with a bill of sale. No mortgagee or its
12    successors or assigns, holder of a certificate of sale, or
13    purchaser at the sale shall be liable for any such disposal
14    or donation of personal property.
15        (2) Notwithstanding paragraph (1) of this subsection
16    (k), in the event a lawful occupant is in possession of the
17    mortgaged real estate who has not been made a party to the
18    foreclosure and had his or her interests terminated
19    therein, any personal property of the lawful occupant shall
20    not be deemed to have been abandoned, nor shall the rights
21    of the lawful occupant to any personal property be
22    affected.
23    (l) Notices to be posted at property address.
24        (1) The notice set out in this paragraph (1) of this
25    subsection (l) shall be conspicuously posted at the
26    property address at least 14 days before the hearing on the

 

 

SB1674- 16 -LRB098 08582 HEP 38699 b

1    motion requesting an expedited judgment and sale and shall
2    be in boldface, in at least 12 point type, and in
3    substantially the following form:
 
4
"NOTICE TO ANY TENANT OR OTHER LAWFUL
5
OCCUPANT OF THIS PROPERTY

 
6A lawsuit has been filed to foreclose on this property, and the
7party asking to foreclose on this property has asked a judge to
8find that THIS PROPERTY IS ABANDONED.
 
9The judge will be holding a hearing to decide whether this
10property is ABANDONED.
 
11IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
12CHOOSE TO GO TO THIS HEARING and explain to the judge how you
13are a lawful occupant of this property.
 
14If the judge is satisfied that you are a LAWFUL OCCUPANT of
15this property, the court will find that this property is NOT
16ABANDONED.
 
17This hearing will be held in the courthouse at the following
18address, date, and time:
 
19Court name:..................................................

 

 

SB1674- 17 -LRB098 08582 HEP 38699 b

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

 
8Name of lawsuit:.............................................
9Number of lawsuit:...........................................
10Address of this property:....................................
 
11
IMPORTANT

 
12This is NOT a notice to vacate the premises. You may wish to
13contact a lawyer or your local legal aid or housing counseling
14agency to discuss any rights that you may have.
 
15
WARNING

 
16INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
17STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
18UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
19LAW. 720 ILCS 5/21-3(a).
 

 

 

SB1674- 18 -LRB098 08582 HEP 38699 b

1
NO TRESPASSING

 
2KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
3CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
4FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).".
5        (2) The notice set out in this paragraph (2) of this
6    subsection (l) shall be conspicuously posted at the
7    property address at least 14 days before the hearing to
8    confirm the sale of the abandoned residential property and
9    shall be in boldface, in at least 12 point type, and in
10    substantially the following form:
 
11
"NOTICE TO ANY TENANT OR OTHER LAWFUL
12
OCCUPANT OF THIS PROPERTY

 
13A lawsuit has been filed to foreclose on this property, and the
14judge has found that THIS PROPERTY IS ABANDONED. As a result,
15THIS PROPERTY HAS BEEN OR WILL BE SOLD.
 
16HOWEVER, there still must be a hearing for the judge to approve
17the sale. The judge will NOT APPROVE this sale if the judge
18finds that any person lawfully occupies any part of this
19property.
 
20IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
21CHOOSE TO GO TO THIS HEARING and explain to the judge how you

 

 

SB1674- 19 -LRB098 08582 HEP 38699 b

1are a lawful occupant of this property. You also may appear
2BEFORE this hearing and explain to the judge how you are a
3lawful occupant of this property.
 
4If the judge is satisfied that you are a LAWFUL OCCUPANT of
5this property, the court will find that this property is NOT
6ABANDONED, and there will be no sale of the property at this
7time.
 
8This hearing will be held in the courthouse at the following
9address, date, and time:
 
10Court name:..................................................
11Court address:...............................................
12Court room number where hearing will be held:................
13(There should be a person in this room called a CLERK who can
14help you. Make sure you know THIS PROPERTY'S ADDRESS.)
15Date of hearing:.............................................
16Time of hearing:.............................................
 
17
MORE INFORMATION

 
18Name of lawsuit:.............................................
19Number of lawsuit:...........................................
20Address of this property:....................................
 

 

 

SB1674- 20 -LRB098 08582 HEP 38699 b

1
IMPORTANT

 
2This is NOT a notice to vacate the premises. You may wish to
3contact a lawyer or your local legal aid or housing counseling
4agency to discuss any rights that you may have.
 
5
WARNING

 
6INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
7STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
8UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
9LAW. 720 ILCS 5/21-3(a).
 
10
NO TRESPASSING

 
11KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
12CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
13FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
14(Source: P.A. 97-1164, eff. 6-1-13.)
 
15    (735 ILCS 5/15-1507.1)
16    (Section scheduled to be repealed on March 2, 2016)
17    Sec. 15-1507.1. Judicial sale fee for Abandoned
18Residential Property Municipality Relief Fund.
19    (a) Upon and at the sale of residential real estate under
20Section 15-1507, the purchaser shall pay to the person

 

 

SB1674- 21 -LRB098 08582 HEP 38699 b

1conducting the sale pursuant to Section 15-1507 a fee for
2deposit into the Abandoned Residential Property Municipality
3Relief Fund, a special fund created in the State treasury. The
4fee shall be calculated at the rate of $1 for each $1,000 or
5fraction thereof of the amount paid by the purchaser to the
6person conducting the sale, as reflected in the receipt of sale
7issued to the purchaser, provided that in no event shall the
8fee exceed $300. No fee shall be paid by the mortgagee
9acquiring the residential real estate pursuant to its credit
10bid at the sale or by any mortgagee, judgment creditor, or
11other lienor acquiring the residential real estate whose rights
12in and to the residential real estate arose prior to the sale.
13Upon confirmation of the sale under Section 15-1508, the person
14conducting the sale shall remit the fee to the clerk of the
15court in which the foreclosure case is pending. The clerk shall
16remit the fee to the State Treasurer as provided in this
17Section, to be expended for the purposes set forth in Section
187.31 of the Illinois Housing Development Act.
19    (b) All fees paid by purchasers as provided in this Section
20shall be disbursed within 60 days after receipt by the clerk of
21the court as follows: (i) 98% to the State Treasurer for
22deposit into the Abandoned Residential Property Municipality
23Relief Fund, and (ii) 2% to the clerk of the court to be
24retained by the clerk for deposit into the Circuit Court Clerk
25Operation and Administrative Fund to defray for administrative
26expenses related to implementation of this Section.

 

 

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1    (c) Not later than March 1 of each year, the clerk of the
2court shall submit to the Illinois Housing Development
3Authority a report of the funds collected and remitted during
4the preceding year pursuant to this Section.
5    (d) Subsections (a) and (b) of this Section shall become
6inoperative on January 1, 2016. This Section is repealed on
7March 2, 2016.
8(Source: P.A. 96-1419, eff. 10-1-10.)
 
9    Section 99. Effective date. This Act takes effect June 1,
102013.

 

 

SB1674- 23 -LRB098 08582 HEP 38699 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3805/7.31
4    735 ILCS 5/15-1504.1
5    735 ILCS 5/15-1505.8
6    735 ILCS 5/15-1507.1