Illinois General Assembly - Bill Status for HB3863
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 Bill Status of HB3863  102nd General Assembly


Short Description:  MTGE FORECLOSE-TENANT NOTICE

House Sponsors
Rep. William D. Burns - Deborah L. Graham - Lou Lang - Elizabeth Coulson - Mike Boland, Harry Osterman, Naomi D. Jakobsson, Elizabeth Hernandez, Deborah Mell, William Davis, Karen A. Yarbrough, Kathleen A. Ryg, Sara Feigenholtz, Jehan A. Gordon, Esther Golar, Julie Hamos, Barbara Flynn Currie and Al Riley

Senate Sponsors
(Sen. Jacqueline Y. Collins - Iris Y. Martinez - Ira I. Silverstein - A. J. Wilhelmi - Don Harmon, Michael Noland, Kimberly A. Lightford, William Delgado and Antonio Muñoz)

Last Action
DateChamber Action
  7/31/2009HousePublic Act . . . . . . . . . 96-0111

Statutes Amended In Order of Appearance
735 ILCS 5/15-1504.5
735 ILCS 5/15-1504.6 new
735 ILCS 5/15-1508.5 new
735 ILCS 5/15-1701from Ch. 110, par. 15-1701
735 ILCS 5/15-1703from Ch. 110, par. 15-1703
735 ILCS 5/15-1704from Ch. 110, par. 15-1704


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that the homeowner notice attached to the summons in a residential mortgage foreclosure action shall include directions concerning giving written notice to any tenants about the foreclosure and the tenant's right to remain on the premises. Provides that an occupant may file an action for failure to provide notice and recover $200 plus actual damages, attorney's fees, and costs. Provides that a purchaser of property in a foreclosure must give notice to any occupants of the property that he or she has acquired the mortgaged real estate. Provides that a mortgagor in a foreclosure must notify any occupant or potential occupant of the foreclosure action. Provides that the purchaser of property sold at a court foreclosure sale must provide a notice of rights to occupants of the property within 7 days after the confirmation of the sale. Provides that until the rights of possession of all occupants of foreclosed property have been terminated, the purchaser of foreclosed property must maintain the property in a condition that is safe, healthful, and fit for occupancy. Provides that a receiver shall give similar written notices and may not increase the rent without leave of court. Provides that the court may allow a rent increase by a receiver or a mortgagee in possession if it finds that an increase is necessary to operate the property, after notice to all occupants affected by an increase, but nothing in the Act shall alter the lease. Makes other changes. Effective immediately.

House Floor Amendment No. 1
Deletes reference to:
735 ILCS 5/15-1504.5
735 ILCS 5/15-1504.6 new
Adds reference to:
735 ILCS 5/15-1202.5 new

Further amends the Mortgage Foreclosure Article of the Code of Civil Procedure in relation to residential property foreclosures. Makes various changes regarding the duty of a holder of the certificate of sale or deed, a purchaser, a mortgagee in possession, and a receiver to: make a diligent inquiry to ascertain the identities and addresses of all occupants of dwelling units of the mortgaged real estate and notify all known occupants of dwelling units of the mortgaged real estate that he or she has acquired the mortgaged real estate; provide a notice of rights and information about the new ownership advising where inquiries about rent or property repairs may be made and the notices shall be posted at common entrances or at the primary entrance of each dwelling unit; maintain utility services that had been the owner's obligation; and maintain the property. Provides that a holder or purchaser and an occupant may enter into a new lease that changes the respective utility obligations. Provides that, in a foreclosure action filed on or before the effective date of the Act, a holder or purchaser, receiver, or mortgagee in possession required to serve notice or otherwise comply with specified provisions shall have an additional 60 days to comply with the Act. Makes other changes. Effective 90 days after becoming law.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause and re-inserts provisions similar to those of the engrossed bill with numerous changes relating to: the definition of "dwelling unit"; the duties of a holder of the certificate of sale or deed, a purchaser at a judicial sale, a mortgagee in possession, and a receiver relating to notice to certain occupants of dwelling units in mortgaged real estate; and possession of mortgaged real estate during foreclosure. Makes other changes. Effective 90 days after becoming law.

Actions 
DateChamber Action
  2/25/2009HouseFiled with the Clerk by Rep. William D. Burns
  2/25/2009HouseChief Co-Sponsor Rep. Deborah L. Graham
  2/26/2009HouseAdded Chief Co-Sponsor Rep. Lou Lang
  2/26/2009HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  2/26/2009HouseAdded Chief Co-Sponsor Rep. Mike Boland
  2/26/2009HouseAdded Co-Sponsor Rep. Harry Osterman
  2/26/2009HouseFirst Reading
  2/26/2009HouseReferred to Rules Committee
  2/27/2009HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/3/2009HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/3/2009HouseAssigned to Judiciary I - Civil Law Committee
  3/5/2009HouseAdded Co-Sponsor Rep. Deborah Mell
  3/5/2009HouseAdded Co-Sponsor Rep. William Davis
  3/11/2009HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000
  3/11/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/11/2009HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  3/12/2009HouseAdded Co-Sponsor Rep. Kathleen A. Ryg
  3/17/2009HouseSecond Reading - Short Debate
  3/17/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/17/2009HouseRecalled to Second Reading - Short Debate
  3/17/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  3/25/2009HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  4/1/2009HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. William D. Burns
  4/1/2009HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/1/2009HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  4/2/2009HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  4/2/2009HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 013-000-000
  4/3/2009HouseAdded Co-Sponsor Rep. Esther Golar
  4/3/2009HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  4/3/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/3/2009HouseThird Reading - Short Debate - Passed 090-012-000
  4/15/2009SenateArrive in Senate
  4/15/2009SenatePlaced on Calendar Order of First Reading
  4/15/2009SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  4/15/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  4/15/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Ira I. Silverstein
  4/15/2009SenateFirst Reading
  4/15/2009SenateReferred to Assignments
  4/22/2009SenateAssigned to Judiciary
  4/22/2009SenateAdded as Alternate Chief Co-Sponsor Sen. A. J. Wilhelmi
  4/22/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  4/28/2009SenateAdded as Alternate Co-Sponsor Sen. Michael Noland
  4/29/2009SenatePostponed - Judiciary
  5/4/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  5/4/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/5/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  5/5/2009SenateSenate Committee Amendment No. 1 Adopted
  5/6/2009SenateDo Pass as Amended Judiciary; 010-000-000
  5/6/2009SenatePlaced on Calendar Order of 2nd Reading May 7, 2009
  5/13/2009SenateSecond Reading
  5/13/2009SenatePlaced on Calendar Order of 3rd Reading May 14, 2009
  5/14/2009SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/14/2009SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  5/14/2009SenateAdded as Alternate Co-Sponsor Sen. Antonio Muñoz
  5/14/2009SenateThird Reading - Passed; 056-000-000
  5/14/2009HouseArrived in House
  5/14/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/18/2009HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. William D. Burns
  5/18/2009HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/19/2009HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/22/2009HouseSenate Committee Amendment No. 1 House Concurs 110-000-000
  5/22/2009HousePassed Both Houses
  5/22/2009HouseAdded Co-Sponsor Rep. Julie Hamos
  5/22/2009HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  5/22/2009HouseAdded Co-Sponsor Rep. Al Riley
  6/19/2009HouseSent to the Governor
  7/31/2009HouseGovernor Approved
  7/31/2009HouseEffective Date October 29, 2009
  7/31/2009HousePublic Act . . . . . . . . . 96-0111

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