Illinois General Assembly - Full Text of SB1674
Illinois General Assembly

Previous General Assemblies

Full Text of SB1674  98th General Assembly

SB1674enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
SB1674 EnrolledLRB098 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 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
17emergency rules as soon as practicable to begin implementation
18of the Program.
19    (b) Subject to appropriation and the annual receipt of
20funds, the Authority shall make grants from the Foreclosure
21Prevention Program Fund derived from fees paid as specified in
22subsection (a) of Section 15-1504.1 of the Code of Civil
23Procedure as follows:

 

 

SB1674 Enrolled- 2 -LRB098 08582 HEP 38699 b

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

 

 

SB1674 Enrolled- 3 -LRB098 08582 HEP 38699 b

115-1504.1 of the Code of Civil Procedure, as follows:
2        (1) 30% shall be used to make grants for approved
3    housing counseling in Cook County outside of the City of
4    Chicago;
5        (2) 25% shall be used to make grants for approved
6    housing counseling in the City of Chicago;
7        (3) 30% shall be used to make grants for approved
8    housing counseling in DuPage, Kane, Lake, McHenry, and Will
9    Counties; and
10        (4) 15% shall be used to make grants for approved
11    housing counseling in Illinois in counties other than Cook,
12    DuPage, Kane, Lake, McHenry, and Will Counties provided
13    that grants to provide approved housing counseling to
14    borrowers residing within these counties shall be based, to
15    the extent practicable, (i) proportionately on the amount
16    of fees paid to the respective clerks of the courts within
17    these counties and (ii) on any other factors that the
18    Authority deems appropriate.
19    The percentages set forth in this subsection (b-1) shall be
20calculated after deduction of reimbursable administrative
21expenses incurred by the Authority, but shall not be greater
22than 4% of the annual appropriated amount.
23    (b-5) As used in this Section:
24    "Approved community-based organization" means a
25not-for-profit entity that provides educational and financial
26information to residents of a community through in-person

 

 

SB1674 Enrolled- 4 -LRB098 08582 HEP 38699 b

1contact. "Approved community-based organization" does not
2include a not-for-profit corporation or other entity or person
3that provides legal representation or advice in a civil
4proceeding or court-sponsored mediation services, or a
5governmental agency.
6    "Approved foreclosure prevention outreach program" means a
7program developed by an approved community-based organization
8that includes in-person contact with residents to provide (i)
9pre-purchase and post-purchase home ownership counseling, (ii)
10education about the foreclosure process and the options of a
11mortgagor in a foreclosure proceeding, and (iii) programs
12developed by an approved community-based organization in
13conjunction with a State or federally chartered financial
14institution.
15    "Approved counseling agency" means a housing counseling
16agency approved by the U.S. Department of Housing and Urban
17Development.
18    "Approved housing counseling" means in-person counseling
19provided by a counselor employed by an approved counseling
20agency to all borrowers, or documented telephone counseling
21where a hardship would be imposed on one or more borrowers. A
22hardship shall exist in instances in which the borrower is
23confined to his or her home due to a medical condition, as
24verified in writing by a physician, or the borrower resides 50
25miles or more from the nearest approved counseling agency. In
26instances of telephone counseling, the borrower must supply all

 

 

SB1674 Enrolled- 5 -LRB098 08582 HEP 38699 b

1necessary documents to the counselor at least 72 hours prior to
2the scheduled telephone counseling session.
3    (c) (Blank).
4    (c-5) Where the jurisdiction of an approved counseling
5agency is included within more than one of the geographic areas
6set forth in this Section, the Authority may elect to fully
7fund the applicant from one of the relevant geographic areas.
8(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
 
9    (20 ILCS 3805/7.31)
10    Sec. 7.31. Abandoned Residential Property Municipality
11Relief Program.
12    (a) The Authority shall establish and administer an
13Abandoned Residential Property Municipality Relief Program.
14The Authority shall use moneys in the Abandoned Residential
15Property Municipality Relief Fund, and any other funds
16appropriated for this purpose, to make grants to municipalities
17and to counties to assist with costs incurred by the
18municipality or county for: cutting of neglected weeds or
19grass, trimming of trees or bushes, and removal of nuisance
20bushes or trees; extermination of pests or prevention of the
21ingress of pests; removal of garbage, debris, and graffiti;
22boarding up, closing off, or locking windows or entrances or
23otherwise making the interior of a building inaccessible to the
24general public; surrounding part or all of an abandoned
25residential property's underlying parcel with a fence or wall

 

 

SB1674 Enrolled- 6 -LRB098 08582 HEP 38699 b

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

 

 

SB1674 Enrolled- 7 -LRB098 08582 HEP 38699 b

1    grants to municipalities in Illinois in counties other than
2    Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and
3    to counties other than Cook, DuPage, Kane, Lake, McHenry,
4    and Will Counties. Grants distributed to the
5    municipalities and counties shall be based on (i) areas of
6    greatest need within these counties, which shall be
7    determined, to the extent practicable, proportionately on
8    the amount of fees paid to the respective clerks of the
9    courts within these counties, and (ii) on any other factors
10    that the Authority deems appropriate. Grants distributed
11    to the municipalities and counties identified in this
12    paragraph (4) shall be based (i) proportionately on the
13    amount of fees paid to the respective clerks of the courts
14    within these counties and (ii) on any other factors that
15    the Authority deems appropriate.
16    The percentages set forth in this subsection (b) shall be
17calculated after deduction of reimbursable administrative
18expenses incurred by the Authority, but shall not be greater
19than 4% of the annual appropriated amount.
20    (c) Where the jurisdiction of a municipality is included
21within more than one of the geographic areas set forth in this
22Section, the Authority may elect to fully fund the municipality
23from one of the relevant geographic areas.
24(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
 
25    Section 10. The State Finance Act is amended by adding

 

 

SB1674 Enrolled- 8 -LRB098 08582 HEP 38699 b

1Section 5.826 as follows:
 
2    (30 ILCS 105/5.826 new)
3    Sec. 5.826. The Foreclosure Prevention Program Graduated
4Fund.
 
5    Section 15. The Code of Civil Procedure is amended by
6changing Sections 15-1504.1, 15-1505.8, and 15-1507.1 as
7follows:
 
8    (735 ILCS 5/15-1504.1)
9    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
10Program Fund, Foreclosure Prevention Program Graduated Fund,
11and Abandoned Residential Property Municipality Relief Fund.
12    (a) Fee paid by all plaintiffs with respect to residential
13real estate. With respect to residential real estate, at the
14time of the filing of a foreclosure complaint, the plaintiff
15shall pay to the clerk of the court in which the foreclosure
16complaint is filed a fee of $50 for deposit into the
17Foreclosure Prevention Program Fund, a special fund created in
18the State treasury. The clerk shall remit the fee collected
19pursuant to this subsection (a) to the State Treasurer to be
20expended for the purposes set forth in Section 7.30 of the
21Illinois Housing Development Act. All fees paid by plaintiffs
22to the clerk of the court as provided in this subsection (a)
23shall be disbursed within 60 days after receipt by the clerk of

 

 

SB1674 Enrolled- 9 -LRB098 08582 HEP 38699 b

1the court as follows: (i) 98% to the State Treasurer for
2deposit into the Foreclosure Prevention Program Fund, and (ii)
32% to the clerk of the court to be retained by the clerk for
4deposit into the Circuit Court Clerk Operation and
5Administrative Fund to defray for administrative expenses
6related to implementation of this subsection (a).
7Notwithstanding any other law to the contrary, the Foreclosure
8Prevention Program Fund is not subject to sweeps,
9administrative charge-backs, or any other fiscal maneuver that
10would in any way transfer any amounts from the Foreclosure
11Prevention Program Fund into any other fund of the State.
12    (a-5) Additional fee paid by plaintiffs with respect to
13residential real estate.
14        (1) Until January 1, 2018, with respect to residential
15    real estate, at the time of the filing of a foreclosure
16    complaint and in addition to the fee set forth in
17    subsection (a) of this Section, the plaintiff shall pay to
18    the clerk of the court in which the foreclosure complaint
19    is filed a fee for the Foreclosure Prevention Program
20    Graduated Fund and the Abandoned Residential Property
21    Municipality Relief Fund as follows:
22            (A) The fee shall be $500 if:
23                (i) the plaintiff, together with its
24            affiliates, has filed a sufficient number of
25            foreclosure complaints so as to be included in the
26            first tier foreclosure filing category and is

 

 

SB1674 Enrolled- 10 -LRB098 08582 HEP 38699 b

1            filing the complaint on its own behalf as the
2            holder of the indebtedness; or
3                (ii) the plaintiff, together with its
4            affiliates, has filed a sufficient number of
5            foreclosure complaints so as to be included in the
6            first 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 first tier foreclosure filing
11            category; or
12                (iii) 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 first tier
17            foreclosure filing category.
18            (B) The fee shall be $250 if:
19                (i) the plaintiff, together with its
20            affiliates, has filed a sufficient number of
21            foreclosure complaints so as to be included in the
22            second tier foreclosure filing category and is
23            filing the complaint on its own behalf as the
24            holder of the indebtedness; or
25                (ii) the plaintiff, together with its
26            affiliates, has filed a sufficient number of

 

 

SB1674 Enrolled- 11 -LRB098 08582 HEP 38699 b

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

 

 

SB1674 Enrolled- 12 -LRB098 08582 HEP 38699 b

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

 

 

SB1674 Enrolled- 13 -LRB098 08582 HEP 38699 b

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

 

 

SB1674 Enrolled- 14 -LRB098 08582 HEP 38699 b

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

 

 

SB1674 Enrolled- 15 -LRB098 08582 HEP 38699 b

1    fee due under paragraph (1) of this subsection (a-5), and
2    the mortgagor reimburses the plaintiff for any erroneous
3    additional fee that was paid by the plaintiff to the clerk
4    of the court, the mortgagor may seek a refund of any
5    overpayment of the fee in an amount that shall not exceed
6    the difference between the higher additional fee paid under
7    paragraph (1) of this subsection (a-5) and the actual fee
8    due thereunder. The mortgagor must petition the judge
9    within the foreclosure action for the award of any fee
10    overpayment pursuant to this paragraph (4) of this
11    subsection (a-5), and the award shall be determined by the
12    judge and paid by the clerk of the court out of the fund
13    account into which the clerk of the court deposits fees to
14    be remitted to the State Treasurer under paragraph (2) of
15    this subsection (a-5), the timing of which refund payment
16    shall be determined by the clerk of the court based upon
17    the availability of funds in the subject fund account. This
18    refund shall be the mortgagor's sole remedy and a mortgagor
19    shall have no private right of action against the plaintiff
20    or plaintiff's representatives if the additional fee paid
21    by the plaintiff was erroneous.
22        (5) This subsection (a-5) is inoperative on and after
23    January 1, 2018.
24    (b) Not later than March 1 of each year, the clerk of the
25court shall submit to the Illinois Housing Development
26Authority a report of the funds collected and remitted pursuant

 

 

SB1674 Enrolled- 16 -LRB098 08582 HEP 38699 b

1to this Section during the preceding year.
2    (c) As used in this Section:
3    "Affiliate" means any company that controls, is controlled
4by, or is under common control with another company.
5    "Approved counseling agency" and "approved housing
6counseling" have the meanings ascribed to those terms in
7Section 7.30 of the Illinois Housing Development Act.
8    "Depository institution" means a bank, savings bank,
9savings and loan association, or credit union chartered,
10organized, or holding a certificate of authority to do business
11under the laws of this State, another state, or the United
12States.
13    "First tier foreclosure filing category" is a
14classification that only applies to a plaintiff that has filed
15175 or more foreclosure complaints on residential real estate
16located in Illinois during the calendar year immediately
17preceding the date of the filing of the subject foreclosure
18complaint.
19    "Second tier foreclosure filing category" is a
20classification that only applies to a plaintiff that has filed
21at least 50, but no more than 174, foreclosure complaints on
22residential real estate located in Illinois during the calendar
23year immediately preceding the date of the filing of the
24subject foreclosure complaint.
25    "Third tier foreclosure filing category" is a
26classification that only applies to a plaintiff that has filed

 

 

SB1674 Enrolled- 17 -LRB098 08582 HEP 38699 b

1no more than 49 foreclosure complaints on residential real
2estate located in Illinois during the calendar year immediately
3preceding the date of the filing of the subject foreclosure
4complaint.
5    (d) In no instance shall the fee set forth in subsection
6(a-5) be assessed for any foreclosure complaint filed before
7the effective date of this amendatory Act of the 97th General
8Assembly.
9    (e) Notwithstanding any other law to the contrary, the
10Abandoned Residential Property Municipality Relief Fund is not
11subject to sweeps, administrative charge-backs, or any other
12fiscal maneuver that would in any way transfer any amounts from
13the Abandoned Residential Property Municipality Relief Fund
14into any other fund of the State.
15(Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11;
1697-1164, eff. 6-1-13.)
 
17    (735 ILCS 5/15-1505.8)
18    (This Section may contain text from a Public Act with a
19delayed effective date)
20    Sec. 15-1505.8. Expedited judgment and sale procedure for
21abandoned residential property.
22    (a) Upon motion and notice, the mortgagee may elect to
23utilize the expedited judgment and sale procedure for abandoned
24residential property stated in this Section to obtain a
25judgment of foreclosure pursuant to Section 15-1506. The motion

 

 

SB1674 Enrolled- 18 -LRB098 08582 HEP 38699 b

1to expedite the judgment and sale may be combined with or made
2part of the motion requesting a judgment of foreclosure. The
3notice of the motion to expedite the judgment and sale shall be
4sent by first-class mail to the last known address of the
5mortgagor, and the notice required by paragraph (1) of
6subsection (l) of this Section shall be posted at the property
7address.
8    (b) The motion requesting an expedited judgment of
9foreclosure and sale may be filed by the mortgagee at the time
10the foreclosure complaint is filed or any time thereafter, and
11shall set forth the facts demonstrating that the mortgaged real
12estate is abandoned residential real estate under Section
1315-1200.5 and shall be supported by affidavit.
14    (c) If a motion for an expedited judgment and sale is filed
15at the time the foreclosure complaint is filed or before the
16period to answer the foreclosure complaint has expired, the
17motion shall be heard by the court no earlier than before the
18period to answer the foreclosure complaint has expired and no
19later than 21 15 days after the period to answer the
20foreclosure complaint has expired.
21    (d) If a motion for an expedited judgment and sale is filed
22after the period to answer the foreclosure complaint has
23expired, the motion shall be heard no later than 21 15 days
24after the motion is filed.
25    (e) The hearing shall be given priority by the court and
26shall be scheduled to be heard within the applicable time

 

 

SB1674 Enrolled- 19 -LRB098 08582 HEP 38699 b

1period set forth in subsection (c) or (d) of this Section.
2    (f) Subject to subsection (g), at the hearing on the motion
3requesting an expedited judgment and sale, if the court finds
4that the mortgaged real estate is abandoned residential
5property, the court shall grant the motion and immediately
6proceed to a trial of the foreclosure. A judgment of
7foreclosure under this Section shall include the matters
8identified in Section 15-1506.
9    (g) The court may not grant the motion requesting an
10expedited judgment and sale if the mortgagor, an unknown owner,
11or a lawful occupant appears in the action in any manner before
12or at the hearing and objects to a finding of abandonment.
13    (h) The court shall vacate an order issued pursuant to
14subsection (f) of this Section if the mortgagor or a lawful
15occupant appears in the action at any time prior to the court
16issuing an order confirming the sale pursuant to subsection
17(b-3) of Section 15-1508 and presents evidence establishing to
18the satisfaction of the court that the mortgagor or lawful
19occupant has not abandoned the mortgaged real estate.
20    (i) The reinstatement period and redemption period for the
21abandoned residential property shall end in accordance with
22paragraph (4) of subsection (b) of Section 15-1603, and the
23abandoned residential property shall be sold at the earliest
24practicable time at a sale as provided in this Article.
25    (j) The mortgagee or its agent may enter, secure, and
26maintain abandoned residential property subject to subsection

 

 

SB1674 Enrolled- 20 -LRB098 08582 HEP 38699 b

1(e-5) of Section 21-3 of the Criminal Code of 2012.
2    (k) Personal property.
3        (1) Upon confirmation of the sale held pursuant to
4    Section 15-1507, any personal property remaining in or upon
5    the abandoned residential property shall be deemed to have
6    been abandoned by the owner of such personal property and
7    may be disposed of or donated by the holder of the
8    certificate of sale (or, if none, by the purchaser at the
9    sale). In the event of donation of any such personal
10    property, the holder of the certificate of sale (or, if
11    none, the purchaser at the sale) may transfer such donated
12    property with a bill of sale. No mortgagee or its
13    successors or assigns, holder of a certificate of sale, or
14    purchaser at the sale shall be liable for any such disposal
15    or donation of personal property.
16        (2) Notwithstanding paragraph (1) of this subsection
17    (k), in the event a lawful occupant is in possession of the
18    mortgaged real estate who has not been made a party to the
19    foreclosure and had his or her interests terminated
20    therein, any personal property of the lawful occupant shall
21    not be deemed to have been abandoned, nor shall the rights
22    of the lawful occupant to any personal property be
23    affected.
24    (l) Notices to be posted at property address.
25        (1) The notice set out in this paragraph (1) of this
26    subsection (l) shall be conspicuously posted at the

 

 

SB1674 Enrolled- 21 -LRB098 08582 HEP 38699 b

1    property address at least 14 days before the hearing on the
2    motion requesting an expedited judgment and sale and shall
3    be in boldface, in at least 12 point type, and in
4    substantially the following form:
 
5
"NOTICE TO ANY TENANT OR OTHER LAWFUL
6
OCCUPANT OF THIS PROPERTY

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

 

 

SB1674 Enrolled- 22 -LRB098 08582 HEP 38699 b

1Court name:..................................................
2Court address:...............................................
3Court room number where hearing will be held:................
4(There should be a person in this room called a CLERK who can
5help you. Make sure you know THIS PROPERTY'S ADDRESS.)
6Date of hearing:.............................................
7Time of hearing:.............................................
 
8
MORE INFORMATION

 
9Name of lawsuit:.............................................
10Number of lawsuit:...........................................
11Address of this property:....................................
 
12
IMPORTANT

 
13This is NOT a notice to vacate the premises. You may wish to
14contact a lawyer or your local legal aid or housing counseling
15agency to discuss any rights that you may have.
 
16
WARNING

 
17INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
18STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
19UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
20LAW. 720 ILCS 5/21-3(a).
 

 

 

SB1674 Enrolled- 23 -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

 

 

SB1674 Enrolled- 24 -LRB098 08582 HEP 38699 b

1CHOOSE TO GO TO THIS HEARING and explain to the judge how you
2are a lawful occupant of this property. You also may appear
3BEFORE this hearing and explain to the judge how you are a
4lawful occupant of this property.
 
5If the judge is satisfied that you are a LAWFUL OCCUPANT of
6this property, the court will find that this property is NOT
7ABANDONED, and there will be no sale of the property at this
8time.
 
9This hearing will be held in the courthouse at the following
10address, date, and time:
 
11Court name:..................................................
12Court address:...............................................
13Court room number where hearing will be held:................
14(There should be a person in this room called a CLERK who can
15help you. Make sure you know THIS PROPERTY'S ADDRESS.)
16Date of hearing:.............................................
17Time of hearing:.............................................
 
18
MORE INFORMATION

 
19Name of lawsuit:.............................................
20Number of lawsuit:...........................................
21Address of this property:....................................
 

 

 

SB1674 Enrolled- 25 -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

 

 

SB1674 Enrolled- 26 -LRB098 08582 HEP 38699 b

1Section 15-1507, the purchaser shall pay to the person
2conducting the sale pursuant to Section 15-1507 a fee for
3deposit into the Abandoned Residential Property Municipality
4Relief Fund, a special fund created in the State treasury. The
5fee shall be calculated at the rate of $1 for each $1,000 or
6fraction thereof of the amount paid by the purchaser to the
7person conducting the sale, as reflected in the receipt of sale
8issued to the purchaser, provided that in no event shall the
9fee exceed $300. No fee shall be paid by the mortgagee
10acquiring the residential real estate pursuant to its credit
11bid at the sale or by any mortgagee, judgment creditor, or
12other lienor acquiring the residential real estate whose rights
13in and to the residential real estate arose prior to the sale.
14Upon confirmation of the sale under Section 15-1508, the person
15conducting the sale shall remit the fee to the clerk of the
16court in which the foreclosure case is pending. The clerk shall
17remit the fee to the State Treasurer as provided in this
18Section, to be expended for the purposes set forth in Section
197.31 of the Illinois Housing Development Act.
20    (b) All fees paid by purchasers as provided in this Section
21shall be disbursed within 60 days after receipt by the clerk of
22the court as follows: (i) 98% to the State Treasurer for
23deposit into the Abandoned Residential Property Municipality
24Relief Fund, and (ii) 2% to the clerk of the court to be
25retained by the clerk for deposit into the Circuit Court Clerk
26Operation and Administrative Fund to defray for administrative

 

 

SB1674 Enrolled- 27 -LRB098 08582 HEP 38699 b

1expenses related to implementation of this Section.
2    (c) Not later than March 1 of each year, the clerk of the
3court shall submit to the Illinois Housing Development
4Authority a report of the funds collected and remitted during
5the preceding year pursuant to this Section.
6    (d) Subsections (a) and (b) of this Section shall become
7inoperative on January 1, 2016. This Section is repealed on
8March 2, 2016.
9(Source: P.A. 96-1419, eff. 10-1-10.)
 
10    Section 99. Effective date. This Act takes effect June 1,
112013.