Rep. André M. Thapedi

Filed: 5/27/2013

 

 


 

 


 
09800SB1674ham004LRB098 08582 KTG 46493 a

1
AMENDMENT TO SENATE BILL 1674

2    AMENDMENT NO. ______. Amend Senate Bill 1674 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Housing Development Act is amended
5by changing Sections 7.30 and 7.31 as follows:
 
6    (20 ILCS 3805/7.30)
7    (Text of Section after amendment by P.A. 97-1164)
8    Sec. 7.30. Foreclosure Prevention Program.
9    (a) The Authority shall establish and administer a
10Foreclosure Prevention Program. The Authority shall use moneys
11in the Foreclosure Prevention Program Fund, and any other funds
12appropriated for this purpose, to make grants to (i) approved
13counseling agencies for approved housing counseling and (ii)
14approved community-based organizations for approved
15foreclosure prevention outreach programs. The Authority shall
16promulgate rules to implement this Program and may adopt

 

 

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1emergency rules as soon as practicable to begin implementation
2of the Program.
3    (b) Subject to appropriation and the annual receipt of
4funds, the Authority shall make grants from the Foreclosure
5Prevention Program Fund derived from fees paid as specified in
6subsection (a) of Section 15-1504.1 of the Code of Civil
7Procedure as follows:
8        (1) 25% of the moneys in the Fund shall be used to make
9    grants to approved counseling agencies that provide
10    services in Illinois outside of the City of Chicago. Grants
11    shall be based upon the number of foreclosures filed in an
12    approved counseling agency's service area, the capacity of
13    the agency to provide foreclosure counseling services, and
14    any other factors that the Authority deems appropriate.
15        (2) 25% of the moneys in the Fund shall be distributed
16    to the City of Chicago to make grants to approved
17    counseling agencies located within the City of Chicago for
18    approved housing counseling or to support foreclosure
19    prevention counseling programs administered by the City of
20    Chicago.
21        (3) 25% of the moneys in the Fund shall be used to make
22    grants to approved community-based organizations located
23    outside of the City of Chicago for approved foreclosure
24    prevention outreach programs.
25        (4) 25% of the moneys in the Fund shall be used to make
26    grants to approved community-based organizations located

 

 

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1    within the City of Chicago for approved foreclosure
2    prevention outreach programs, with priority given to
3    programs that provide door-to-door outreach.
4    (b-1) Subject to appropriation and the annual receipt of
5funds, the Authority shall make grants from the Foreclosure
6Prevention Program Graduated Fund derived from fees paid as
7specified in paragraph (1) of subsection (a-5) of Section
815-1504.1 of the Code of Civil Procedure, as follows:
9        (1) 30% shall be used to make grants for approved
10    housing counseling in Cook County outside of the City of
11    Chicago;
12        (2) 25% shall be used to make grants for approved
13    housing counseling in the City of Chicago;
14        (3) 30% shall be used to make grants for approved
15    housing counseling in DuPage, Kane, Lake, McHenry, and Will
16    Counties; and
17        (4) 15% shall be used to make grants for approved
18    housing counseling in Illinois in counties other than Cook,
19    DuPage, Kane, Lake, McHenry, and Will Counties provided
20    that grants to provide approved housing counseling to
21    borrowers residing within these counties shall be based, to
22    the extent practicable, (i) proportionately on the amount
23    of fees paid to the respective clerks of the courts within
24    these counties and (ii) on any other factors that the
25    Authority deems appropriate.
26    The percentages set forth in this subsection (b-1) shall be

 

 

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1calculated after deduction of reimbursable administrative
2expenses incurred by the Authority, but shall not be greater
3than 4% of the annual appropriated amount.
4    (b-5) As used in this Section:
5    "Approved community-based organization" means a
6not-for-profit entity that provides educational and financial
7information to residents of a community through in-person
8contact. "Approved community-based organization" does not
9include a not-for-profit corporation or other entity or person
10that provides legal representation or advice in a civil
11proceeding or court-sponsored mediation services, or a
12governmental agency.
13    "Approved foreclosure prevention outreach program" means a
14program developed by an approved community-based organization
15that includes in-person contact with residents to provide (i)
16pre-purchase and post-purchase home ownership counseling, (ii)
17education about the foreclosure process and the options of a
18mortgagor in a foreclosure proceeding, and (iii) programs
19developed by an approved community-based organization in
20conjunction with a State or federally chartered financial
21institution.
22    "Approved counseling agency" means a housing counseling
23agency approved by the U.S. Department of Housing and Urban
24Development.
25    "Approved housing counseling" means in-person counseling
26provided by a counselor employed by an approved counseling

 

 

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1agency to all borrowers, or documented telephone counseling
2where a hardship would be imposed on one or more borrowers. A
3hardship shall exist in instances in which the borrower is
4confined to his or her home due to a medical condition, as
5verified in writing by a physician, or the borrower resides 50
6miles or more from the nearest approved counseling agency. In
7instances of telephone counseling, the borrower must supply all
8necessary documents to the counselor at least 72 hours prior to
9the scheduled telephone counseling session.
10    (c) (Blank).
11    (c-5) Where the jurisdiction of an approved counseling
12agency is included within more than one of the geographic areas
13set forth in this Section, the Authority may elect to fully
14fund the applicant from one of the relevant geographic areas.
15(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
 
16    (20 ILCS 3805/7.31)
17    Sec. 7.31. Abandoned Residential Property Municipality
18Relief Program.
19    (a) The Authority shall establish and administer an
20Abandoned Residential Property Municipality Relief Program.
21The Authority shall use moneys in the Abandoned Residential
22Property Municipality Relief Fund, and any other funds
23appropriated for this purpose, to make grants to municipalities
24and to counties to assist with costs incurred by the
25municipality or county for: cutting of neglected weeds or

 

 

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1grass, trimming of trees or bushes, and removal of nuisance
2bushes or trees; extermination of pests or prevention of the
3ingress of pests; removal of garbage, debris, and graffiti;
4boarding up, closing off, or locking windows or entrances or
5otherwise making the interior of a building inaccessible to the
6general public; surrounding part or all of an abandoned
7residential property's underlying parcel with a fence or wall
8or otherwise making part or all of the abandoned residential
9property's underlying parcel inaccessible to the general
10public; demolition of abandoned residential property; and
11repair or rehabilitation of abandoned residential property, as
12approved by the Authority under the Program. For purposes of
13this subsection (a), "pests" has the meaning ascribed to that
14term in subsection (c) of Section 11-20-8 of the Illinois
15Municipal Code. The Authority shall promulgate rules for the
16administration, operation, and maintenance of the Program and
17may adopt emergency rules as soon as practicable to begin
18implementation of the Program.
19    (b) Subject to appropriation and the annual receipt of
20funds, the Authority shall make grants from the Abandoned
21Residential Property Municipality Relief Fund derived from
22fees paid as specified in paragraph (1) of subsection (a-5) of
23Section 15-1504.1 and subsection (a) of Section 15-1507.1 of
24the Code of Civil Procedure as follows:
25        (1) 30% of the moneys in the Fund shall be used to make
26    grants to municipalities other than the City of Chicago in

 

 

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1    Cook County and to Cook County;
2        (2) 25% of the moneys in the Fund shall be used to make
3    grants to the City of Chicago;
4        (3) 30% of the moneys in the Fund shall be used to make
5    grants to municipalities in DuPage, Kane, Lake, McHenry and
6    Will Counties, and to those counties; and
7        (4) 15% of the moneys in the Fund shall be used to make
8    grants to municipalities in Illinois in counties other than
9    Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and
10    to counties other than Cook, DuPage, Kane, Lake, McHenry,
11    and Will Counties. Grants distributed to the
12    municipalities and counties shall be based on (i) areas of
13    greatest need within these counties, which shall be
14    determined, to the extent practicable, proportionately on
15    the amount of fees paid to the respective clerks of the
16    courts within these counties, and (ii) on any other factors
17    that the Authority deems appropriate. Grants distributed
18    to the municipalities and counties identified in this
19    paragraph (4) shall be based (i) proportionately on the
20    amount of fees paid to the respective clerks of the courts
21    within these counties and (ii) on any other factors that
22    the Authority deems appropriate.
23    The percentages set forth in this subsection (b) shall be
24calculated after deduction of reimbursable administrative
25expenses incurred by the Authority, but shall not be greater
26than 4% of the annual appropriated amount.

 

 

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1    (c) Where the jurisdiction of a municipality is included
2within more than one of the geographic areas set forth in this
3Section, the Authority may elect to fully fund the municipality
4from one of the relevant geographic areas.
5(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
 
6    Section 10. The State Finance Act is amended by adding
7Section 5.826 as follows:
 
8    (30 ILCS 105/5.826 new)
9    Sec. 5.826. The Foreclosure Prevention Program Graduated
10Fund.
 
11    Section 15. The Code of Civil Procedure is amended by
12changing Sections 15-1504.1, 15-1505.8, and 15-1507.1 as
13follows:
 
14    (735 ILCS 5/15-1504.1)
15    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
16Program Fund, Foreclosure Prevention Program Graduated Fund,
17and Abandoned Residential Property Municipality Relief Fund.
18    (a) Fee paid by all plaintiffs with respect to residential
19real estate. With respect to residential real estate, at the
20time of the filing of a foreclosure complaint, the plaintiff
21shall pay to the clerk of the court in which the foreclosure
22complaint is filed a fee of $50 for deposit into the

 

 

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1Foreclosure Prevention Program Fund, a special fund created in
2the State treasury. The clerk shall remit the fee collected
3pursuant to this subsection (a) to the State Treasurer to be
4expended for the purposes set forth in Section 7.30 of the
5Illinois Housing Development Act. All fees paid by plaintiffs
6to the clerk of the court as provided in this subsection (a)
7shall be disbursed within 60 days after receipt by the clerk of
8the court as follows: (i) 98% to the State Treasurer for
9deposit into the Foreclosure Prevention Program Fund, and (ii)
102% to the clerk of the court to be retained by the clerk for
11deposit into the Circuit Court Clerk Operation and
12Administrative Fund to defray for administrative expenses
13related to implementation of this subsection (a).
14Notwithstanding any other law to the contrary, the Foreclosure
15Prevention Program Fund is not subject to sweeps,
16administrative charge-backs, or any other fiscal maneuver that
17would in any way transfer any amounts from the Foreclosure
18Prevention Program Fund into any other fund of the State.
19    (a-5) Additional fee paid by plaintiffs with respect to
20residential real estate.
21        (1) Until January 1, 2018, with respect to residential
22    real estate, at the time of the filing of a foreclosure
23    complaint and in addition to the fee set forth in
24    subsection (a) of this Section, the plaintiff shall pay to
25    the clerk of the court in which the foreclosure complaint
26    is filed a fee for the Foreclosure Prevention Program

 

 

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1    Graduated Fund and the Abandoned Residential Property
2    Municipality Relief Fund as follows:
3            (A) The fee shall be $500 if:
4                (i) the plaintiff, together with its
5            affiliates, has filed a sufficient number of
6            foreclosure complaints so as to be included in the
7            first tier foreclosure filing category and is
8            filing the complaint on its own behalf as the
9            holder of the indebtedness; or
10                (ii) the plaintiff, together with its
11            affiliates, has filed a sufficient number of
12            foreclosure complaints so as to be included in the
13            first tier foreclosure filing category and is
14            filing the complaint on behalf of a mortgagee that,
15            together with its affiliates, has filed a
16            sufficient number of foreclosure complaints so as
17            to be included in the first tier foreclosure filing
18            category; or
19                (iii) the plaintiff is not a depository
20            institution and is filing the complaint on behalf
21            of a mortgagee that, together with its affiliates,
22            has filed a sufficient number of foreclosure
23            complaints so as to be included in the first tier
24            foreclosure filing category.
25            (B) The fee shall be $250 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            second 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 or second tier foreclosure filing category
10            and is filing the complaint on behalf of a
11            mortgagee that, together with its affiliates, has
12            filed a sufficient number of foreclosure
13            complaints so as to be included in the second tier
14            foreclosure filing category; or
15                (iii) the plaintiff, together with its
16            affiliates, has filed a sufficient number of
17            foreclosure complaints so as to be included in the
18            second tier foreclosure filing category and is
19            filing the complaint on behalf of a mortgagee that,
20            together with its affiliates, has filed a
21            sufficient number of foreclosure complaints so as
22            to be included in the first tier foreclosure filing
23            category; or
24                (iv) the plaintiff is not a depository
25            institution and is filing the complaint on behalf
26            of a mortgagee that, together with its affiliates,

 

 

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1            has filed a sufficient number of foreclosure
2            complaints so as to be included in the second tier
3            foreclosure filing category.
4            (C) The fee shall be $50 if:
5                (i) the plaintiff, together with its
6            affiliates, has filed a sufficient number of
7            foreclosure complaints so as to be included in the
8            third tier foreclosure filing category and is
9            filing the complaint on its own behalf as the
10            holder of the indebtedness; or
11                (ii) the plaintiff, together with its
12            affiliates, has filed a sufficient number of
13            foreclosure complaints so as to be included in the
14            first, second, or third tier foreclosure filing
15            category and is filing the complaint on behalf of a
16            mortgagee that, together with its affiliates, has
17            filed a sufficient number of foreclosure
18            complaints so as to be included in the third tier
19            foreclosure filing category; or
20                (iii) the plaintiff, together with its
21            affiliates, has filed a sufficient number of
22            foreclosure complaints so as to be included in the
23            third tier foreclosure filing category and is
24            filing the complaint on behalf of a mortgagee that,
25            together with its affiliates, has filed a
26            sufficient number of foreclosure complaints so as

 

 

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

 

 

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1        Foreclosure Prevention Program Graduated Fund;
2            (B) 70% to the State Treasurer for deposit into the
3        Abandoned Residential Property Municipality Relief
4        Fund; and
5            (C) 2% to the clerk of the court to be retained by
6        the clerk for deposit into the Circuit Court Clerk
7        Operation and Administrative Fund to defray for
8        administrative expenses related to implementation of
9        this subsection (a-5).
10        (3) Until January 1, 2018, with respect to residential
11    real estate, at the time of the filing of a foreclosure
12    complaint, the plaintiff or plaintiff's representative
13    shall file a verified statement that states which
14    additional fee is due under paragraph (1) of this
15    subsection (a-5), unless the court has established another
16    process for a plaintiff or plaintiff's representative to
17    certify which additional fee is due under paragraph (1) of
18    this subsection (a-5).
19        (3) To determine whether a plaintiff is subject to the
20    fee as set forth in paragraph (1) of this subsection (a-5),
21    a person, including the clerk of the court, may rely on:
22            (A) a verified statement filed by the plaintiff at
23        the time of filing the foreclosure complaint that
24        states whether the plaintiff has an obligation to pay
25        an additional fee as set forth in subsection (a-5) and
26        if so whether the fee is due under subparagraph (A),

 

 

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1        (B), or (C) of paragraph (1) of subsection (a-5); or
2            (B) such other processes established by the clerk
3        of the court for plaintiffs to certify their
4        eligibility for the exemption from the additional fee
5        set forth in subsection (a-5).
6        (4) If a plaintiff fails to provide the clerk of the
7    court with a true and correct statement of the additional
8    fee due under paragraph (1) of this subsection (a-5), and
9    the mortgagor reimburses the plaintiff for any erroneous
10    additional fee that was paid by the plaintiff to the clerk
11    of the court, the mortgagor may seek a refund of any
12    overpayment of the fee in an amount that shall not exceed
13    the difference between the higher additional fee paid under
14    paragraph (1) of this subsection (a-5) and the actual fee
15    due thereunder. The mortgagor must petition the judge
16    within the foreclosure action for the award of any fee
17    overpayment pursuant to this paragraph (4) of this
18    subsection (a-5), and the award shall be determined by the
19    judge and paid by the clerk of the court out of the fund
20    account into which the clerk of the court deposits fees to
21    be remitted to the State Treasurer under paragraph (2) of
22    this subsection (a-5), the timing of which refund payment
23    shall be determined by the clerk of the court based upon
24    the availability of funds in the subject fund account. This
25    refund shall be the mortgagor's sole remedy and a mortgagor
26    shall have no private right of action against the plaintiff

 

 

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1    or plaintiff's representatives if the additional fee paid
2    by the plaintiff was erroneous.
3        (5) This subsection (a-5) is inoperative on and after
4    January 1, 2018.
5    (b) Not later than March 1 of each year, the clerk of the
6court shall submit to the Illinois Housing Development
7Authority a report of the funds collected and remitted pursuant
8to this Section during the preceding year.
9    (c) As used in this Section:
10    "Affiliate" means any company that controls, is controlled
11by, or is under common control with another company.
12    "Approved counseling agency" and "approved housing
13counseling" have the meanings ascribed to those terms in
14Section 7.30 of the Illinois Housing Development Act.
15    "Depository institution" means a bank, savings bank,
16savings and loan association, or credit union chartered,
17organized, or holding a certificate of authority to do business
18under the laws of this State, another state, or the United
19States.
20    "First tier foreclosure filing category" is a
21classification that only applies to a plaintiff that has filed
22175 or more foreclosure complaints on residential real estate
23located in Illinois during the calendar year immediately
24preceding the date of the filing of the subject foreclosure
25complaint.
26    "Second tier foreclosure filing category" is a

 

 

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1classification that only applies to a plaintiff that has filed
2at least 50, but no more than 174, foreclosure complaints on
3residential real estate located in Illinois during the calendar
4year immediately preceding the date of the filing of the
5subject foreclosure complaint.
6    "Third tier foreclosure filing category" is a
7classification that only applies to a plaintiff that has filed
8no more than 49 foreclosure complaints on residential real
9estate located in Illinois during the calendar year immediately
10preceding the date of the filing of the subject foreclosure
11complaint.
12    (d) In no instance shall the fee set forth in subsection
13(a-5) be assessed for any foreclosure complaint filed before
14the effective date of this amendatory Act of the 97th General
15Assembly.
16    (e) Notwithstanding any other law to the contrary, the
17Abandoned Residential Property Municipality Relief Fund is not
18subject to sweeps, administrative charge-backs, or any other
19fiscal maneuver that would in any way transfer any amounts from
20the Abandoned Residential Property Municipality Relief Fund
21into any other fund of the State.
22(Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11;
2397-1164, eff. 6-1-13.)
 
24    (735 ILCS 5/15-1505.8)
25    (This Section may contain text from a Public Act with a

 

 

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1delayed effective date)
2    Sec. 15-1505.8. Expedited judgment and sale procedure for
3abandoned residential property.
4    (a) Upon motion and notice, the mortgagee may elect to
5utilize the expedited judgment and sale procedure for abandoned
6residential property stated in this Section to obtain a
7judgment of foreclosure pursuant to Section 15-1506. The motion
8to expedite the judgment and sale may be combined with or made
9part of the motion requesting a judgment of foreclosure. The
10notice of the motion to expedite the judgment and sale shall be
11sent by first-class mail to the last known address of the
12mortgagor, and the notice required by paragraph (1) of
13subsection (l) of this Section shall be posted at the property
14address.
15    (b) The motion requesting an expedited judgment of
16foreclosure and sale may be filed by the mortgagee at the time
17the foreclosure complaint is filed or any time thereafter, and
18shall set forth the facts demonstrating that the mortgaged real
19estate is abandoned residential real estate under Section
2015-1200.5 and shall be supported by affidavit.
21    (c) If a motion for an expedited judgment and sale is filed
22at the time the foreclosure complaint is filed or before the
23period to answer the foreclosure complaint has expired, the
24motion shall be heard by the court no earlier than before the
25period to answer the foreclosure complaint has expired and no
26later than 21 15 days after the period to answer the

 

 

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1foreclosure complaint has expired.
2    (d) If a motion for an expedited judgment and sale is filed
3after the period to answer the foreclosure complaint has
4expired, the motion shall be heard no later than 21 15 days
5after the motion is filed.
6    (e) The hearing shall be given priority by the court and
7shall be scheduled to be heard within the applicable time
8period set forth in subsection (c) or (d) of this Section.
9    (f) Subject to subsection (g), at the hearing on the motion
10requesting an expedited judgment and sale, if the court finds
11that the mortgaged real estate is abandoned residential
12property, the court shall grant the motion and immediately
13proceed to a trial of the foreclosure. A judgment of
14foreclosure under this Section shall include the matters
15identified in Section 15-1506.
16    (g) The court may not grant the motion requesting an
17expedited judgment and sale if the mortgagor, an unknown owner,
18or a lawful occupant appears in the action in any manner before
19or at the hearing and objects to a finding of abandonment.
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.

 

 

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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 2012.
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

 

 

09800SB1674ham004- 21 -LRB098 08582 KTG 46493 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 point 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.
 

 

 

09800SB1674ham004- 22 -LRB098 08582 KTG 46493 a

1If the judge is satisfied that you are a LAWFUL OCCUPANT of
2this property, the court will find that this property is NOT
3ABANDONED.
 
4This hearing will be held in the courthouse at the following
5address, date, and time:
 
6Court name:..................................................
7Court address:...............................................
8Court room number where hearing will be held:................
9(There should be a person in this room called a CLERK who can
10help you. Make sure you know THIS PROPERTY'S ADDRESS.)
11Date of hearing:.............................................
12Time of hearing:.............................................
 
13
MORE INFORMATION

 
14Name of lawsuit:.............................................
15Number of lawsuit:...........................................
16Address of this property:....................................
 
17
IMPORTANT

 
18This is NOT a notice to vacate the premises. You may wish to
19contact a lawyer or your local legal aid or housing counseling
20agency to discuss any rights that you may have.
 

 

 

09800SB1674ham004- 23 -LRB098 08582 KTG 46493 a

1
WARNING

 
2INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
3STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
4UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
5LAW. 720 ILCS 5/21-3(a).
 
6
NO TRESPASSING

 
7KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
8CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
9FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).".
10        (2) The notice set out in this paragraph (2) of this
11    subsection (l) shall be conspicuously posted at the
12    property address at least 14 days before the hearing to
13    confirm the sale of the abandoned residential property and
14    shall be in boldface, in at least 12 point type, and in
15    substantially the following form:
 
16
"NOTICE TO ANY TENANT OR OTHER LAWFUL
17
OCCUPANT OF THIS PROPERTY

 
18A lawsuit has been filed to foreclose on this property, and the
19judge has found that THIS PROPERTY IS ABANDONED. As a result,
20THIS PROPERTY HAS BEEN OR WILL BE SOLD.
 

 

 

09800SB1674ham004- 24 -LRB098 08582 KTG 46493 a

1HOWEVER, there still must be a hearing for the judge to approve
2the sale. The judge will NOT APPROVE this sale if the judge
3finds that any person lawfully occupies any part of this
4property.
 
5IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
6CHOOSE TO GO TO THIS HEARING and explain to the judge how you
7are a lawful occupant of this property. You also may appear
8BEFORE this hearing and explain to the judge how you are a
9lawful occupant of this property.
 
10If the judge is satisfied that you are a LAWFUL OCCUPANT of
11this property, the court will find that this property is NOT
12ABANDONED, and there will be no sale of the property at this
13time.
 
14This hearing will be held in the courthouse at the following
15address, date, and time:
 
16Court name:..................................................
17Court address:...............................................
18Court room number where hearing will be held:................
19(There should be a person in this room called a CLERK who can
20help you. Make sure you know THIS PROPERTY'S ADDRESS.)
21Date of hearing:.............................................

 

 

09800SB1674ham004- 25 -LRB098 08582 KTG 46493 a

1Time of hearing:.............................................
 
2
MORE INFORMATION

 
3Name of lawsuit:.............................................
4Number of lawsuit:...........................................
5Address of this property:....................................
 
6
IMPORTANT

 
7This is NOT a notice to vacate the premises. You may wish to
8contact a lawyer or your local legal aid or housing counseling
9agency to discuss any rights that you may have.
 
10
WARNING

 
11INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
12STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
13UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
14LAW. 720 ILCS 5/21-3(a).
 
15
NO TRESPASSING

 
16KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
17CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
18FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."

 

 

09800SB1674ham004- 26 -LRB098 08582 KTG 46493 a

1(Source: P.A. 97-1164, eff. 6-1-13.)
 
2    (735 ILCS 5/15-1507.1)
3    (Section scheduled to be repealed on March 2, 2016)
4    Sec. 15-1507.1. Judicial sale fee for Abandoned
5Residential Property Municipality Relief Fund.
6    (a) Upon and at the sale of residential real estate under
7Section 15-1507, the purchaser shall pay to the person
8conducting the sale pursuant to Section 15-1507 a fee for
9deposit into the Abandoned Residential Property Municipality
10Relief Fund, a special fund created in the State treasury. The
11fee shall be calculated at the rate of $1 for each $1,000 or
12fraction thereof of the amount paid by the purchaser to the
13person conducting the sale, as reflected in the receipt of sale
14issued to the purchaser, provided that in no event shall the
15fee exceed $300. No fee shall be paid by the mortgagee
16acquiring the residential real estate pursuant to its credit
17bid at the sale or by any mortgagee, judgment creditor, or
18other lienor acquiring the residential real estate whose rights
19in and to the residential real estate arose prior to the sale.
20Upon confirmation of the sale under Section 15-1508, the person
21conducting the sale shall remit the fee to the clerk of the
22court in which the foreclosure case is pending. The clerk shall
23remit the fee to the State Treasurer as provided in this
24Section, to be expended for the purposes set forth in Section
257.31 of the Illinois Housing Development Act.

 

 

09800SB1674ham004- 27 -LRB098 08582 KTG 46493 a

1    (b) All fees paid by purchasers as provided in this Section
2shall be disbursed within 60 days after receipt by the clerk of
3the court as follows: (i) 98% to the State Treasurer for
4deposit into the Abandoned Residential Property Municipality
5Relief Fund, and (ii) 2% to the clerk of the court to be
6retained by the clerk for deposit into the Circuit Court Clerk
7Operation and Administrative Fund to defray for administrative
8expenses related 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 during
12the preceding year pursuant to this Section.
13    (d) Subsections (a) and (b) of this Section shall become
14inoperative on January 1, 2016. This Section is repealed on
15March 2, 2016.
16(Source: P.A. 96-1419, eff. 10-1-10.)
 
17    Section 99. Effective date. This Act takes effect June 1,
182013.".