Bill Status of HB1293  9th General Assembly

Short Description:  FORECLOSURE-AUTH PERSON-SALE

House Sponsors
Rep. Lou Lang - Esther Golar - Karen A. Yarbrough - Kenneth Dunkin - La Shawn K. Ford, Angelo Saviano, Michael P. McAuliffe, Brandon W. Phelps, Dan Reitz and Marlow H. Colvin

Senate Sponsors
(Sen. Jeffrey M. Schoenberg - Michael Noland, Mike Jacobs and Martin A. Sandoval)

Last Action
DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/15-1503from Ch. 110, par. 15-1503
735 ILCS 5/15-1506from Ch. 110, par. 15-1506
735 ILCS 5/15-1507from Ch. 110, par. 15-1507
735 ILCS 5/15-1508from Ch. 110, par. 15-1508


Synopsis As Introduced
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that special matters in the judgment may include the person who shall be the officer to conduct the sale (rather than an official or other person who shall be the officer to conduct the sale other than the one customarily designated by the court). Provides that unless a person is appointed pursuant to a motion, the person conducting the sale shall be any person previously appointed by any circuit court to conduct a foreclosure sale prior to the effective date of the amendatory Act, any judge, or the sheriff of the county in which the real estate is located (instead of a sale may be conducted by any judge or sheriff). Provides that a copy of the notice of foreclosure of residential real estate shall be sent to the municipality or county in which the property is located by first class mail (instead of sent pursuant to the Code of Civil Procedure). Provides that the mortgagee, judgment creditor, or other lien holder shall furnish the confirmation order to the last-known insurer of a residential building in writing by first-class mail. Provides that the failure to send or receive a copy of the order does not affect the rights of the mortgagee or purchaser or affect the foreclosure proceedings. Makes other changes. Provides that certain provisions take effect upon becoming law.

House Committee Amendment No. 1
Further amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Adds to the identified public officials who shall be sent a copy of a notice of foreclosure and a confirmation order, in the case of Chicago, the city clerk and the alderman for the ward in which the property is located. Makes a technical correction.

Senate Floor Amendment No. 2
Adds reference to:
735 ILCS 5/15-1507.2 new

Further amends the Code of Civil Procedure. Provides that a purchaser at a judicial sale other than the mortgagee acquiring the real estate pursuant to its credit bid at the sale or any mortgagee, judgment creditor, or other lienor acquiring the real estate whose rights in and to the real estate arose prior to the sale shall pay a $300 fee which shall be placed in the general revenue fund of the county in which the real estate is located. Provides that this provision is repealed and not effective after 4 years from the effective date. Effective January 1, 2012.

Actions 
DateChamber Action
  2/8/2011HouseFiled with the Clerk by Rep. Lou Lang
  2/9/2011HouseFirst Reading
  2/9/2011HouseReferred to Rules Committee
  2/14/2011HouseAssigned to Judiciary I - Civil Law Committee
  2/18/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  2/18/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/22/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/15/2011HouseAdded Co-Sponsor Rep. Angelo Saviano
  3/16/2011HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/16/2011HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 007-004-000
  3/16/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2011HouseSecond Reading - Short Debate
  3/17/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/29/2011HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  4/6/2011HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  4/7/2011HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  4/7/2011HouseAdded Co-Sponsor Rep. Dan Reitz
  4/7/2011HouseAdded Chief Co-Sponsor Rep. Kenneth Dunkin
  4/7/2011HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  4/7/2011HouseThird Reading - Short Debate - Passed 060-049-001
  4/7/2011HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  4/8/2011SenateArrive in Senate
  4/8/2011SenatePlaced on Calendar Order of First Reading
  4/8/2011SenateChief Senate Sponsor Sen. Jeffrey M. Schoenberg
  4/8/2011SenateFirst Reading
  4/8/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Executive
  5/5/2011SenateAdded as Alternate Co-Sponsor Sen. Mike Jacobs
  5/11/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jeffrey M. Schoenberg
  5/11/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/11/2011SenateDo Pass Executive; 015-000-000
  5/11/2011SenatePlaced on Calendar Order of 2nd Reading May 12, 2011
  5/16/2011SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  5/19/2011SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Jeffrey M. Schoenberg
  5/19/2011SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/24/2011SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  5/25/2011SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 014-000-000
  5/27/2011SenateSecond Reading
  5/27/2011SenateSenate Floor Amendment No. 2 Adopted; Schoenberg
  5/27/2011SenatePlaced on Calendar Order of 3rd Reading May 28, 2011
  5/27/2011SenateRule 2-10 Third Reading Deadline Established As May 31, 2011
  5/27/2011SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/28/2011SenateThird Reading - Passed; 032-018-001
  5/28/2011SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/28/2011HouseArrived in House
  5/28/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  5/28/2011HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Lou Lang
  5/28/2011HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/29/2011HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  5/29/2011HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 008-003-000
  5/31/2011HouseSenate Floor Amendment No. 2 Motion to Concur Lost 049-059-003
  5/31/2011HouseAdded Chief Co-Sponsor Rep. Esther Golar
  7/23/2011HouseRule 19(b) / Re-referred to Rules Committee
  10/24/2011HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Lou Lang; MOTION #2
  10/24/2011HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee; MOTION #2
  10/24/2011HouseFinal Action Deadline Extended-9(b) November 10, 2011
  10/24/2011HouseApproved for Consideration Rules Committee; 003-000-000
  10/24/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  10/24/2011HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-000-000; MOTION #2
  11/10/2011HouseRule 19(a) / Re-referred to Rules Committee
  1/12/2012HouseSenate Floor Amendment No. 2 Rule 19(b) / Motion Referred to Rules Committee; MOTION #2
  1/24/2012HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000; MOTION #2
  1/25/2012HouseApproved for Consideration Rules Committee; 004-000-000
  1/25/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  2/21/2012HouseSenate Floor Amendment No. 2 Motion to Concur Lost 045-065-004
  7/27/2012HouseRule 19(b) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die