Full Text of HB1195 96th General Assembly
HB1195sam002 96TH GENERAL ASSEMBLY
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Sen. Jacqueline Y. Collins
Filed: 5/27/2009
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09600HB1195sam002 |
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LRB096 09041 JDS 27556 a |
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| AMENDMENT TO HOUSE BILL 1195
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| AMENDMENT NO. ______. Amend House Bill 1195, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Municipal Code is amended by | 6 |
| changing Sections 11-20-7, 11-20-8, 11-20-12, and 11-20-13 and | 7 |
| by adding Sections 11-20-15, 11-20-15.1, and 11-31-1.01 as | 8 |
| follows:
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| (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
| 10 |
| Sec. 11-20-7. Cutting and removal of neglected weeds, | 11 |
| grass, trees, and bushes. | 12 |
| (a) The corporate authorities of each municipality may | 13 |
| provide
for the removal of nuisance greenery from any parcel of | 14 |
| private property within cutting of weeds or grass, the trimming | 15 |
| of trees or bushes, and the removal of nuisance bushes or trees | 16 |
| in the municipality if , when the owners of that parcel, after |
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| reasonable notice, real
estate refuse or neglect to remove the | 2 |
| nuisance greenery. The municipality may cut, trim, or remove | 3 |
| them and to collect , from the owners of that parcel,
private | 4 |
| property the reasonable removal cost thereof . | 5 |
| (b) The municipality's removal cost under this Section is a | 6 |
| lien upon the underlying parcel in accordance with Section | 7 |
| 11-20-15. | 8 |
| (c) For the purpose of this Section: | 9 |
| "Removal of nuisance greenery" or "removal activities" | 10 |
| means the cutting of weeds or grass, the trimming of trees or | 11 |
| bushes, and the removal of nuisance bushes or trees. | 12 |
| "Removal cost" means the total cost of the removal | 13 |
| activity. | 14 |
| (d) In the case of an abandoned residential property as | 15 |
| defined in Section 11-20-15.1, the municipality may elect to | 16 |
| obtain a lien for the removal cost pursuant to Section | 17 |
| 11-20-15.1, in which case the provisions of Section 11-20-15.1 | 18 |
| shall be the exclusive remedy for the removal cost. | 19 |
| The provisions of this subsection (d), other than this | 20 |
| sentence, are inoperative on the earlier of December 31, 2013, | 21 |
| or upon certification by the Secretary of the Illinois | 22 |
| Department of Financial and Professional Regulation, after | 23 |
| consultation with the United States Department of Housing and | 24 |
| Urban Development, that the Mortgage Electronic Registration | 25 |
| System program is effectively registering substantially all | 26 |
| mortgaged residential properties located in the State of |
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| Illinois, is available for access by all municipalities located | 2 |
| in the State of Illinois without charge to them, and such | 3 |
| registration includes the telephone number for the mortgage | 4 |
| servicer. | 5 |
| This cost is a lien upon the
real estate affected, superior | 6 |
| to all other liens and encumbrances, except
tax liens; provided | 7 |
| that within 60 days after such cost and expense is
incurred the | 8 |
| municipality, or person performing the service by authority of
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| the municipality, in his or its own name, files notice of lien | 10 |
| in the
office of the recorder in the county in which
such real | 11 |
| estate is
located or in the office of the Registrar of Titles | 12 |
| of such county if the
real estate affected is registered under | 13 |
| the Torrens system. The notice
shall consist of a sworn | 14 |
| statement setting out (1) a description of the
real estate | 15 |
| sufficient for identification thereof, (2) the amount of money
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| representing the cost and expense incurred or payable for the | 17 |
| service, and
(3) the date or dates when such cost and expense | 18 |
| was incurred by the
municipality. However, the lien of such | 19 |
| municipality shall not be valid as
to any purchaser whose | 20 |
| rights in and to such real estate have arisen
subsequent to the | 21 |
| cutting of weeds or grass, the trimming of trees or bushes, or | 22 |
| the removal of nuisance bushes or trees and prior to the filing | 23 |
| of such notice, and
the lien of such municipality shall not be | 24 |
| valid as to any mortgagee,
judgment creditor or other lienor | 25 |
| whose rights in and to such real estate
arise prior to the | 26 |
| filing of such notice. Upon payment of the cost and
expense by |
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| the owner of or persons interested in such property after | 2 |
| notice
of lien has been filed, the lien shall be released by | 3 |
| the municipality or
person in whose name the lien has been | 4 |
| filed and the release may be filed
of record as in the case of | 5 |
| filing notice of lien.
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| The cost of the cutting, trimming, or removal of weeds, | 7 |
| grass, trees, or bushes shall not be lien on the real estate
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| affected unless a notice is personally served on, or sent by | 9 |
| certified mail to,
the person to whom was sent the tax bill for | 10 |
| the general taxes on the property
for the last preceding year. | 11 |
| The notice shall be delivered or sent
after the cutting, | 12 |
| trimming, or removal of weeds, grass, trees, or bushes on the | 13 |
| property. The notice shall
state the substance of this Section | 14 |
| and the substance of any ordinance of the
municipality | 15 |
| implementing this Section and shall identify the property, by
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| common description, and the location of the weeds to be cut.
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| (Source: P.A. 95-183, eff. 8-14-07.)
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| (65 ILCS 5/11-20-8) (from Ch. 24, par. 11-20-8)
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| Sec. 11-20-8. Pest extermination; liens. | 20 |
| (a) The corporate authorities of
each municipality may | 21 |
| provide pest-control activities on any parcel of private | 22 |
| property
for the extermination of pests in the municipality if , | 23 |
| and charge to
and
collect from the owners of and persons | 24 |
| interested in private property the
reasonable cost and expense | 25 |
| of preventing ingress of pests to
their property
and of pest |
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| extermination therein, after reasonable notice, the owners of | 2 |
| that parcel refuse or neglect to prevent the ingress of pests | 3 |
| to their property or to exterminate pests on their property. | 4 |
| The municipality may collect, from the owners of the underlying | 5 |
| parcel, the reasonable removal cost notice to such owners or
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| persons as
provided by ordinance and failures of such owners or | 7 |
| persons to comply .
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| (b) The municipality's removal cost under this Section is a | 9 |
| lien upon the underlying parcel in accordance with Section | 10 |
| 11-20-15. This cost and expense is a lien upon the real estate | 11 |
| affected, superior to
all other existing liens and | 12 |
| encumbrances, except tax liens if within 60
days after such | 13 |
| cost and expense is incurred the municipality, or person
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| performing the service by authority of the municipality, in his | 15 |
| or its own
name, files notice of lien in the office of the | 16 |
| recorder in the
county in which the real estate is located or | 17 |
| in the office of the
Registrar of Titles of such county if the | 18 |
| real estate affected is
registered under "An Act concerning | 19 |
| land titles", approved May 1, 1897,
as amended. The notice | 20 |
| shall consist of a sworn
statement setting out (1) a | 21 |
| description of the real estate sufficient for
identification | 22 |
| thereof, (2) the amount of money representing the cost and
| 23 |
| expense incurred or payable for the service, and (3) the date | 24 |
| or dates when
such cost and expense was incurred by the | 25 |
| municipality. However, the lien
of such municipality shall not | 26 |
| be valid as to any purchaser, mortgagee,
judgment creditor, or |
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| other lienor whose rights in and to the real estate
arise | 2 |
| subsequent to the pest extermination and prior to the filing
of
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| the
notice of such lien in the office of the recorder, or in | 4 |
| the
office of the Registrar of Titles, as aforesaid. Upon | 5 |
| payment of the cost
and expense by the owner of or persons | 6 |
| interested in the property after
notice of lien has been filed, | 7 |
| the lien shall be released by the
municipality or person in | 8 |
| whose name the lien has been filed and the
release may be filed | 9 |
| of record as in the case of filing notice of lien. The
lien may | 10 |
| be enforced by proceedings to foreclose as in case of mortgages | 11 |
| or
mechanics' liens. Actions to foreclose this lien shall be | 12 |
| commenced
within one
year after the date of filing notice of | 13 |
| lien.
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| (c) For the purpose of this Section: | 15 |
| "Pests" , as used in this Section 11-20-8, means undesirable | 16 |
| arthropods (including certain insects, spiders, mites, ticks, | 17 |
| and related organisms), wood infesting organisms, rats, mice, | 18 |
| and other obnoxious undesirable animals, but does not include a | 19 |
| feral cat, a "companion animal" as that term is defined in the | 20 |
| Humane Care for Animals Act (510 ILCS 70/), "animals" as that | 21 |
| term is defined in the Illinois Diseased Animals Act (510 ILCS | 22 |
| 50/), or animals protected by the Wildlife Code (520 ILCS 5/).
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| "Pest-control activity" means the extermination of pests | 24 |
| or the prevention of the ingress of pests. | 25 |
| "Removal cost" means the total cost of the pest-control | 26 |
| activity.
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| (d) In the case of an abandoned residential property as | 2 |
| defined in Section 11-20-15.1, the municipality may elect to | 3 |
| obtain a lien for the removal cost pursuant to Section | 4 |
| 11-20-15.1, in which case the provisions of Section 11-20-15.1 | 5 |
| shall be the exclusive remedy for the removal cost. | 6 |
| The provisions of this subsection (d), other than this | 7 |
| sentence, are inoperative on the earlier of December 31, 2013, | 8 |
| or upon certification by the Secretary of the Illinois | 9 |
| Department of Financial and Professional Regulation, after | 10 |
| consultation with the United States Department of Housing and | 11 |
| Urban Development, that the Mortgage Electronic Registration | 12 |
| System program is effectively registering substantially all | 13 |
| mortgaged residential properties located in the State of | 14 |
| Illinois, is available for access by all municipalities located | 15 |
| in the State of Illinois without charge to them, and such | 16 |
| registration includes the telephone number for the mortgage | 17 |
| servicer. | 18 |
| (Source: P.A. 94-572, eff. 8-12-05.)
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| (65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
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| Sec. 11-20-12. Removal of infected trees. | 21 |
| (a) The corporate authorities of each municipality may | 22 |
| provide for the
removal of elm trees infected with Dutch elm | 23 |
| disease or ash trees infected with the emerald ash borer | 24 |
| (Agrilus planipennis Fairmaire) from any parcel of private | 25 |
| property within the municipality if the owners of that parcel, |
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| after reasonable notice, refuse or neglect to remove the | 2 |
| infected trees. The municipality may collect, from the owners | 3 |
| of the parcel, not
owned by the municipality or dedicated for | 4 |
| public use when the owner of
such property refuses or neglects | 5 |
| to remove any such tree, and to collect
from the property owner | 6 |
| the reasonable removal cost thereof . | 7 |
| (b) The municipality's removal cost under this Section is a | 8 |
| lien upon the underlying parcel in accordance with Section | 9 |
| 11-20-15. | 10 |
| (c) For the purpose of this Section, "removal cost" means | 11 |
| the total cost of the removal of the infected trees. | 12 |
| (d) In the case of an abandoned residential property as | 13 |
| defined in Section 11-20-15.1, the municipality may elect to | 14 |
| obtain a lien for the removal cost pursuant to Section | 15 |
| 11-20-15.1, in which case the provisions of Section 11-20-15.1 | 16 |
| shall be the exclusive remedy for the removal cost. | 17 |
| The provisions of this subsection (d), other than this | 18 |
| sentence, are inoperative on the earlier of December 31, 2013, | 19 |
| or upon certification by the Secretary of the Illinois | 20 |
| Department of Financial and Professional Regulation, after | 21 |
| consultation with the United States Department of Housing and | 22 |
| Urban Development, that the Mortgage Electronic Registration | 23 |
| System program is effectively registering substantially all | 24 |
| mortgaged residential properties located in the State of | 25 |
| Illinois, is available for access by all municipalities located | 26 |
| in the State of Illinois without charge to them, and such |
|
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09600HB1195sam002 |
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LRB096 09041 JDS 27556 a |
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| registration includes the telephone number for the mortgage | 2 |
| servicer. | 3 |
| This cost is a lien
upon the real estate affected, superior | 4 |
| to all other liens and
encumbrances, except tax liens; provided | 5 |
| that notice has been given as
hereinafter described, and | 6 |
| further provided that within 60 days after such
cost and | 7 |
| expense is incurred the municipality, or person performing the
| 8 |
| service by authority of the municipality, in his or its own | 9 |
| name, files
notice of lien in the office of the recorder in the | 10 |
| county in
which such real estate is located or in the office of | 11 |
| the Registrar of
Titles of such county if the real estate | 12 |
| affected is registered under "An
Act concerning land titles", | 13 |
| approved May 1, 1897, as amended. The notice
shall consist of a | 14 |
| sworn statement setting out
(1) a description of the real | 15 |
| estate sufficient for identification thereof,
(2) the amount of | 16 |
| money representing the cost and expense incurred or
payable for | 17 |
| the service, and (3) the date or dates when such cost and
| 18 |
| expense was incurred by the municipality. However, the lien of | 19 |
| such
municipality shall not be valid as to any purchaser whose | 20 |
| rights in and to
such real estate have arisen subsequent to the | 21 |
| tree removal and prior to
the filing of such notice, and the | 22 |
| lien of such municipality shall not be
valid as to any | 23 |
| mortgagee, judgment creditor or other lienor whose rights
in | 24 |
| and to such real estate arise prior to the filing of such | 25 |
| notice. Upon
payment of the cost and expense by the owner of or | 26 |
| persons interested in
such property after notice of lien has |
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| been filed, the lien shall be
released by the municipality or | 2 |
| person in whose name the lien has been
filed and the release | 3 |
| may be filed of record as in the case of filing
notice of lien.
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| The cost of such tree removal shall not be a lien upon the | 5 |
| real estate
affected unless a notice shall be personally served | 6 |
| or sent by registered
mail to the person to whom was sent the | 7 |
| tax bill for the general taxes for
the last preceding year on | 8 |
| the property, such notice to be delivered or
sent not less than | 9 |
| 30 days prior to the removal of the tree or trees
located | 10 |
| thereon. The notice shall contain the substance of this | 11 |
| section,
and of any ordinance of the municipality implementing | 12 |
| its provisions, and
identify the property, by common | 13 |
| description, and the tree or trees
affected.
| 14 |
| (Source: P.A. 95-183, eff. 8-14-07.)
| 15 |
| (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
| 16 |
| Sec. 11-20-13. Removal of garbage, debris, and graffiti. | 17 |
| (a) The corporate authorities of each municipality may | 18 |
| provide for the
removal of garbage, debris, and graffiti from | 19 |
| any parcel of private property within the municipality if
when | 20 |
| the owner of that parcel such
property , after reasonable | 21 |
| notice, refuses or neglects to remove the such
garbage, debris, | 22 |
| and graffiti . The municipality and may collect , from the such | 23 |
| owner of the parcel,
the reasonable removal cost
thereof except | 24 |
| in the case of graffiti . | 25 |
| (b) The municipality's removal cost under this Section is a |
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LRB096 09041 JDS 27556 a |
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| lien upon the underlying parcel in accordance with Section | 2 |
| 11-20-15. This cost is a lien upon the real
estate affected, | 3 |
| superior to all
subsequent liens and encumbrances, except tax | 4 |
| liens, if within 60 days
after such cost and expense is | 5 |
| incurred the municipality, or person
performing the service by | 6 |
| authority of the municipality, in his or its own
name, files | 7 |
| notice of lien in the office of the recorder in the
county in | 8 |
| which such real estate is located or in the office of the
| 9 |
| Registrar of Titles of such county if the real estate affected | 10 |
| is
registered under "An Act concerning land titles", approved | 11 |
| May 1, 1897,
as amended. The notice shall consist of a sworn
| 12 |
| statement setting out (1) a description of the real estate | 13 |
| sufficient for
identification thereof, (2) the amount of money | 14 |
| representing the cost and
expense incurred or payable for the | 15 |
| service, and (3) the date or dates when
such cost and expense | 16 |
| was incurred by the municipality. However, the lien
of such | 17 |
| municipality shall not be valid as to any purchaser whose | 18 |
| rights in
and to such real estate have arisen subsequent to | 19 |
| removal of the garbage
and debris and prior to the filing of | 20 |
| such notice, and the lien of such
municipality shall not be | 21 |
| valid as to any mortgagee, judgment creditor or
other lienor | 22 |
| whose rights in and to such real estate arise prior to the
| 23 |
| filing of such notice. Upon payment of the cost and expense by | 24 |
| the owner of
or persons interested in such property after | 25 |
| notice of lien has been filed,
the lien shall be released by | 26 |
| the municipality or person in whose name the
lien has been |
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| filed and the release may be filed of record as in the case
of | 2 |
| filing notice of lien. The lien may be enforced by proceedings | 3 |
| to
foreclose as in case of mortgages or mechanics' liens. An | 4 |
| action
to foreclose
this lien shall be commenced within 2 years | 5 |
| after the date of filing notice
of lien.
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| (c) This amendatory Act of 1973 does not apply to any | 7 |
| municipality which is
a home rule unit.
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| (d) For the purpose of this Section, "removal cost" means | 9 |
| the total cost of the removal of garbage and debris. The term | 10 |
| "removal cost" does not include any cost associated with the | 11 |
| removal of graffiti. | 12 |
| (e) In the case of an abandoned residential property as | 13 |
| defined in Section 11-20-15.1, the municipality may elect to | 14 |
| obtain a lien for the removal cost pursuant to Section | 15 |
| 11-20-15.1, in which case the provisions of Section 11-20-15.1 | 16 |
| shall be the exclusive remedy for the removal cost. | 17 |
| The provisions of this subsection (e), other than this | 18 |
| sentence, are inoperative on the earlier of December 31, 2013, | 19 |
| or upon certification by the Secretary of the Illinois | 20 |
| Department of Financial and Professional Regulation, after | 21 |
| consultation with the United States Department of Housing and | 22 |
| Urban Development, that the Mortgage Electronic Registration | 23 |
| System program is effectively registering substantially all | 24 |
| mortgaged residential properties located in the State of | 25 |
| Illinois, is available for access by all municipalities located | 26 |
| in the State of Illinois without charge to them, and such |
|
|
|
09600HB1195sam002 |
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LRB096 09041 JDS 27556 a |
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| registration includes the telephone number for the mortgage | 2 |
| servicer. | 3 |
| (Source: P.A. 90-292, eff. 1-1-98.)
| 4 |
| (65 ILCS 5/11-20-15 new) | 5 |
| Sec. 11-20-15. Lien for removal costs. | 6 |
| (a) If the municipality incurs a removal cost under Section | 7 |
| 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any | 8 |
| underlying parcel, then that cost is a lien upon that | 9 |
| underlying parcel. This lien is superior to all other liens and | 10 |
| encumbrances, except tax liens and as otherwise provided in | 11 |
| subsection (c)
of this Section. | 12 |
| (b) To perfect a lien under this Section, the municipality | 13 |
| must, within one year after the removal cost is incurred, file | 14 |
| notice of lien in the office of the recorder in the county in | 15 |
| which the underlying parcel is located or, if the underlying | 16 |
| parcel is registered under the Torrens system, in the office of | 17 |
| the Registrar of Titles of that county. The notice must consist | 18 |
| of a sworn statement setting out: | 19 |
| (1) a description of the underlying parcel that | 20 |
| sufficiently identifies the parcel; | 21 |
| (2) the amount of the removal cost; and | 22 |
| (3) the date or dates when the removal cost was | 23 |
| incurred by the municipality. | 24 |
| If, for any one parcel, the municipality engaged in any | 25 |
| removal activity on more than one occasion during the course of |
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| one year, then the municipality may combine any or all of the | 2 |
| costs of each of those activities into a single notice of lien. | 3 |
| (c) A lien under this Section is not valid as to: (i) any | 4 |
| purchaser whose rights in and to the underlying parcel arose | 5 |
| after the removal activity but before the filing of the notice | 6 |
| of lien; or (ii) any mortgagee, judgment creditor, or other | 7 |
| lienor whose rights in and to the underlying parcel arose | 8 |
| before the filing of the notice of lien. | 9 |
| (d) The removal cost is not a lien on the underlying parcel | 10 |
| unless a notice is personally served on, or sent by certified | 11 |
| mail to, the person to whom was sent the tax bill for the | 12 |
| general taxes on the property for the taxable year immediately | 13 |
| preceding the removal activities. The notice must be delivered | 14 |
| or sent after the removal activities have been performed, and | 15 |
| it must: (i) state the substance of this Section and the | 16 |
| substance of any ordinance of the municipality implementing | 17 |
| this Section; (ii) identify the underlying parcel, by common | 18 |
| description; and (iii) describe the removal activity. | 19 |
| (e) A lien under this Section may be enforced by | 20 |
| proceedings to foreclose as in case of mortgages or mechanics' | 21 |
| liens. An action to foreclose a lien under this Section must be | 22 |
| commenced within 2 years after the date of filing notice of | 23 |
| lien. | 24 |
| (f) Any person who performs a removal activity by the | 25 |
| authority of the municipality may, in his or her own name, file | 26 |
| a lien and foreclose on that lien in the same manner as a |
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| municipality under this Section. | 2 |
| (g) A failure to file a foreclosure action does not, in any | 3 |
| way, affect the validity of the lien against the underlying | 4 |
| parcel. | 5 |
| (h) Upon payment of the lien cost by the owner of the | 6 |
| underlying parcel after notice of lien has been filed, the | 7 |
| municipality (or its agent under subsection (f)) shall release | 8 |
| the lien, and the release may be filed of record by the owner | 9 |
| at his or her sole expense as in the case of filing notice of | 10 |
| lien. | 11 |
| (i) This Section shall not apply to a lien filed pursuant | 12 |
| to Section 11-20-15.1. | 13 |
| (65 ILCS 5/11-20-15.1 new)
| 14 |
| Sec. 11-20-15.1. Lien for costs of removal, securing, and | 15 |
| enclosing on abandoned residential property. | 16 |
| (a) If the municipality elects to incur a removal cost | 17 |
| pursuant to subsection (d) of Section 11-20-7, subsection (d) | 18 |
| of Section 11-20-8, subsection (d) of Section 11-20-12, or | 19 |
| subsection (e) of Section 11-20-13, or a securing or enclosing | 20 |
| cost pursuant to Section 11-31-1.01 with respect to an | 21 |
| abandoned residential property, then that cost is a lien upon | 22 |
| the underlying parcel of that abandoned residential property. | 23 |
| This lien is superior to all other liens and encumbrances, | 24 |
| except tax liens and as otherwise provided in this Section. | 25 |
| (b) To perfect a lien under this Section, the municipality |
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LRB096 09041 JDS 27556 a |
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| must, within one year after the cost is incurred for the | 2 |
| activity, file notice of the lien in the office of the recorder | 3 |
| in the county in which the abandoned residential property is | 4 |
| located or, if the abandoned residential property is registered | 5 |
| under the Torrens system, in the office of the Registrar of | 6 |
| Titles of that county, a sworn statement setting out: | 7 |
| (1) a description of the abandoned residential | 8 |
| property that sufficiently identifies the parcel; | 9 |
| (2) the amount of the cost of the activity; | 10 |
| (3) the date or dates when the cost for the activity | 11 |
| was incurred by the municipality; and | 12 |
| (4) a statement that the lien has been filed pursuant | 13 |
| to subsection (d) of Section 11-20-7, subsection (d) of | 14 |
| Section 11-20-8, subsection (d) of Section 11-20-12, | 15 |
| subsection (e) of Section 11-20-13, or 11-31-1.01, as | 16 |
| applicable. | 17 |
| If, for any abandoned residential property, the | 18 |
| municipality engaged in any activity on more than one occasion | 19 |
| during the course of one year, then the municipality may | 20 |
| combine any or all of the costs of each of those activities | 21 |
| into a single notice of lien. | 22 |
| (c) To enforce a lien pursuant to this Section, the | 23 |
| municipality must maintain contemporaneous records that | 24 |
| include, at a minimum: (i) a dated statement of finding by the | 25 |
| municipality that the property for which the work is to be | 26 |
| performed has become abandoned residential property, which |
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| shall include (1) the date when the property was first known or | 2 |
| observed to be unoccupied by any lawful occupant or occupants, | 3 |
| (2) a description of the actions taken by the municipality to | 4 |
| contact the legal owner or owners of the property identified on | 5 |
| the recorded mortgage, or, if known, any agent of the owner or | 6 |
| owners, including the dates such actions were taken, and (3) a | 7 |
| statement that no contacts were made with the legal owner or | 8 |
| owners or their agents as a result of such actions, (ii) a | 9 |
| dated certification by an authorized official of the | 10 |
| municipality of the necessity and specific nature of the work | 11 |
| to be performed, (iii) a copy of the agreement with the person | 12 |
| or entity performing the work that includes the legal name of | 13 |
| the person or entity, the rate or rates to be charged for | 14 |
| performing the work, and an estimate of the total cost of the | 15 |
| work to be performed, (iv) detailed invoices and payment | 16 |
| vouchers for all payments made by the municipality for such | 17 |
| work, and (v) a statement as to whether the work was engaged | 18 |
| through a competitive bidding process, and if so, a copy of all | 19 |
| proposals submitted by the bidders for such work. | 20 |
| (d) A lien under this Section shall be enforceable | 21 |
| exclusively at the hearing for confirmation of sale of the | 22 |
| abandoned residential property that is held pursuant to | 23 |
| subsection (b) of Section 15-1508 of the Code of Civil | 24 |
| Procedure and shall be limited to a claim of interest in the | 25 |
| proceeds of the sale and subject to the requirements of this | 26 |
| Section. Any mortgagee who holds a mortgage on the property, or |
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| any beneficiary or trustee who holds a deed of trust on the | 2 |
| property, may contest the lien or the amount of the lien at any | 3 |
| time during the foreclosure proceeding upon motion and notice | 4 |
| in accordance with court rules applicable to motions generally. | 5 |
| Grounds for forfeiture of the lien or the superior status of | 6 |
| the lien granted by subsection (a) of this Section shall | 7 |
| include, but not be limited to, a finding by the court that: | 8 |
| (i) the municipality has not complied with subsection (b) or | 9 |
| (c) of this Section, (ii) the scope of the work was not | 10 |
| reasonable under the circumstances, (iii) the work exceeded the | 11 |
| authorization for the work to be performed under subsection (a) | 12 |
| of Section 11-20-7, subsection (a) of Section 11-20-8, | 13 |
| subsection (a) of Section 11-20-12, subsection (a) of Section | 14 |
| 11-20-13, or subsection (a) of Section 11-31-1.01, as | 15 |
| applicable, or (iv) the cost of the services rendered or | 16 |
| materials provided was not commercially reasonable. Forfeiture | 17 |
| of the superior status of the lien otherwise granted by this | 18 |
| Section shall not constitute a forfeiture of the lien as a | 19 |
| subordinate lien. | 20 |
| (e) Upon payment of the amount of a lien filed under this | 21 |
| Section by the mortgagee, servicer, owner, or any other person, | 22 |
| the municipality shall release the lien, and the release may be | 23 |
| filed of record by the person making such payment at the | 24 |
| person's sole expense as in the case of filing notice of lien. | 25 |
| (f) Notwithstanding any other provision of this Section, a | 26 |
| municipality may not file a lien pursuant to this Section for |
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| activities performed pursuant to Section 11-20-7, Section | 2 |
| 11-20-8, Section 11-20-12, Section 11-20-13, or Section | 3 |
| 11-31-1.01, if: (i) the mortgagee or servicer of the abandoned | 4 |
| residential property has provided notice to the municipality | 5 |
| that the mortgagee or servicer has performed or will perform | 6 |
| the remedial actions specified in the notice that the | 7 |
| municipality otherwise might perform pursuant to subsection | 8 |
| (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | 9 |
| subsection (d) of Section 11-20-12, subsection (e) of Section | 10 |
| 11-20-13, or Section 11-31-1.01, provided that the remedial | 11 |
| actions specified in the notice have been performed or are | 12 |
| performed or initiated in good faith within 30 days of such | 13 |
| notice; or (ii) the municipality has provided notice to the | 14 |
| mortgagee or servicer of a problem with the property requiring | 15 |
| the remedial actions specified in the notice that the | 16 |
| municipality otherwise would perform pursuant to subsection | 17 |
| (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | 18 |
| subsection (d) of Section 11-20-12, subsection (e) of Section | 19 |
| 11-20-13, or Section 11-31-1.01, and the mortgagee or servicer | 20 |
| has performed or performs or initiates in good faith the | 21 |
| remedial actions specified in the notice within 30 days of such | 22 |
| notice. | 23 |
| (g) This Section and subsection (d) of Section 11-20-7, | 24 |
| subsection (d) of Section 11-20-8, subsection (d) of Section | 25 |
| 11-20-12, subsection (e) of Section 11-20-13, or Section | 26 |
| 11-31-1.01 shall apply only to activities performed, costs |
|
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| incurred, and liens filed after the effective date of this | 2 |
| amendatory Act of the 96th General Assembly. | 3 |
| (h) For the purposes of this Section and subsection (d) of | 4 |
| Section 11-20-7, subsection (d) of Section 11-20-8, subsection | 5 |
| (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or | 6 |
| Section 11-31-1.01: | 7 |
| "Abandoned residential property" means any type of | 8 |
| permanent residential dwelling unit, including detached single | 9 |
| family structures, and townhouses, condominium units and | 10 |
| multifamily rental apartments covering the entire property, | 11 |
| and manufactured homes treated under Illinois law as real | 12 |
| estate and not as personal property, that has been unoccupied | 13 |
| by any lawful occupant or occupants for at least 90 days, and | 14 |
| for which after such 90 day period, the municipality has made | 15 |
| good faith efforts to contact the legal owner or owners of the | 16 |
| property identified on the recorded mortgage, or, if known, any | 17 |
| agent of the owner or owners, and no contact has been made. A | 18 |
| property for which the municipality has been notified pursuant | 19 |
| to subsection (b) of Section 15-1503 of the Code of Civil | 20 |
| Procedure that a foreclosure action has been filed shall not be | 21 |
| deemed to be an abandoned residential property for the purposes | 22 |
| of subsection (d) of Section 11-20-7, subsection (d) of Section | 23 |
| 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of | 24 |
| Section 11-20-13, and Section 11-31-1.01 of this Code. | 25 |
| "MERS program" means the nationwide Mortgage Electronic | 26 |
| Registration System approved by Fannie Mae, Freddie Mac, and |
|
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| Ginnie Mae that has been created by the mortgage banking | 2 |
| industry with the mission of registering every mortgage loan in | 3 |
| the United States to lawfully make information concerning each | 4 |
| residential mortgage loan and the property securing it | 5 |
| available by internet access to mortgage originators, | 6 |
| servicers, warehouse lenders, wholesale lenders, retail | 7 |
| lenders, document custodians, settlement agents, title | 8 |
| companies, insurers, investors, county recorders, units of | 9 |
| local government, and consumers. | 10 |
| (i) Any entity or person who performs a removal, securing, | 11 |
| or enclosing activity pursuant to the authority of a | 12 |
| municipality under subsection (d) of Section 11-20-7, | 13 |
| subsection (d) of Section 11-20-8, subsection (d) of Section | 14 |
| 11-20-12, subsection (e) of Section 11-20-13, or Section | 15 |
| 11-31-1.01, may, in its, his, or her own name, file a lien | 16 |
| pursuant to subsection (b) of this Section and appear in a | 17 |
| foreclosure action on that lien pursuant to subsection (d) of | 18 |
| this Section in the place of the municipality, provided that | 19 |
| the municipality shall remain subject to subsection (c) of this | 20 |
| Section, and such party shall be subject to all of the | 21 |
| provisions in this Section as if such party were the | 22 |
| municipality. | 23 |
| (j) If prior to subsection (d) of Section 11-20-7, | 24 |
| subsection (d) of Section 11-20-8, subsection (d) of Section | 25 |
| 11-20-12, and subsection (e) of Section 11-20-13 becoming | 26 |
| inoperative a lien is filed pursuant to any of those |
|
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| subsections, then the lien shall remain in full force and | 2 |
| effect after the subsections have become inoperative, subject | 3 |
| to all of the provisions of this Section. If prior to the | 4 |
| repeal of Section 11-31-1.01 a lien is filed pursuant to | 5 |
| Section 11-31-1.01, then the lien shall remain in full force | 6 |
| and effect after the repeal of Section 11-31-1.01, subject to | 7 |
| all of the provisions of this Section. | 8 |
| (65 ILCS 5/11-31-1.01 new)
| 9 |
| Sec. 11-31-1.01. Securing or enclosing abandoned | 10 |
| residential property. | 11 |
| (a) In the case of securing or enclosing an abandoned | 12 |
| residential property as defined in Section 11-20-15.1, the | 13 |
| municipality may elect to secure or enclose the exterior of a | 14 |
| building or the underlying parcel on which it is located under | 15 |
| this Section without application to the circuit court, in which | 16 |
| case the provisions of Section 11-20-15.1 shall be the | 17 |
| exclusive remedy for the recovery of the costs of such | 18 |
| activity. | 19 |
| (b) For the purposes of this Section: | 20 |
| (1) "Secure" or "securing" means boarding up, closing | 21 |
| off, or locking windows or entrances or otherwise making | 22 |
| the interior of a building inaccessible to the general | 23 |
| public; and | 24 |
| (2) "Enclose" or "enclosing" means surrounding part or | 25 |
| all of the abandoned residential property's underlying |
|
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| parcel with a fence or wall or otherwise making part or all | 2 |
| of the abandoned residential property's underlying parcel | 3 |
| inaccessible to the general public. | 4 |
| (c) This Section is repealed on the earlier of December 31, | 5 |
| 2013, or upon certification by the Secretary of the Illinois | 6 |
| Department of Financial and Professional Regulation, after | 7 |
| consultation with the United States Department of Housing and | 8 |
| Urban Development, that the Mortgage Electronic Registration | 9 |
| System program is effectively registering substantially all | 10 |
| mortgaged residential properties located in the State of | 11 |
| Illinois, is available for access by all municipalities located | 12 |
| in the State of Illinois without charge to them, and such | 13 |
| registration includes the telephone number for the mortgage | 14 |
| servicer. | 15 |
| Section 10. The Code of Civil Procedure is amended by | 16 |
| changing Sections 15-1503 and 15-1508 as follows:
| 17 |
| (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
| 18 |
| Sec. 15-1503. Notice of Foreclosure. | 19 |
| (a) A notice of foreclosure, whether
the foreclosure is | 20 |
| initiated by complaint or
counterclaim, made in accordance with | 21 |
| this Section and recorded in the
county in which the mortgaged | 22 |
| real estate is located shall be constructive
notice of the | 23 |
| pendency of the foreclosure to every person claiming an
| 24 |
| interest in or lien on the mortgaged real estate, whose |
|
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| interest or lien
has not been recorded prior to the recording | 2 |
| of such notice of foreclosure.
Such notice of foreclosure must | 3 |
| be executed by any party or any party's
attorney and shall | 4 |
| include (i) the names of all plaintiffs and the case
number, | 5 |
| (ii) the court in which the action was brought, (iii) the names | 6 |
| of
title holders of record, (iv) a legal description of the | 7 |
| real estate
sufficient to identify it with reasonable | 8 |
| certainty, (v) a common address
or description of the location | 9 |
| of the real estate and (vi) identification
of the mortgage | 10 |
| sought to be foreclosed. An incorrect common address or
| 11 |
| description of the location, or an immaterial error in the | 12 |
| identification
of a plaintiff or title holder of record, shall | 13 |
| not invalidate the lis
pendens effect of the notice under this | 14 |
| Section.
A notice which complies with this Section shall be | 15 |
| deemed to comply with
Section 2-1901 of the Code of Civil
| 16 |
| Procedure and shall have the same effect as a notice filed | 17 |
| pursuant to
that Section; however, a notice which complies with | 18 |
| Section 2-1901 shall
not be constructive notice unless it also | 19 |
| complies with the requirements of
this Section.
| 20 |
| (b) With respect to residential real estate, a copy of the | 21 |
| notice of foreclosure described in subsection (a) of Section | 22 |
| 15-1503 shall be sent by first class mail, postage prepaid, to | 23 |
| the municipality within the boundary of which the mortgaged | 24 |
| real estate is located, or to the county within the boundary of | 25 |
| which the mortgaged real estate is located if the mortgaged | 26 |
| real estate is located in an unincorporated territory. A |
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| municipality or county must clearly publish on its website a | 2 |
| single address to which such notice shall be sent. If a | 3 |
| municipality or county does not maintain a website, then the | 4 |
| municipality or county must publicly post in its main office a | 5 |
| single address to which such notice shall be sent. In the event | 6 |
| that a municipality or county has not complied with the | 7 |
| publication requirement in this subsection (b), then such | 8 |
| notice to the municipality or county shall be provided pursuant | 9 |
| to Section 2-211 of the Code of Civil Procedure. | 10 |
| (Source: P.A. 86-974.)
| 11 |
| (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
| 12 |
| Sec. 15-1508. Report of Sale and Confirmation of Sale.
| 13 |
| (a) Report. The person conducting the sale shall promptly | 14 |
| make a report to
the court, which report shall include a copy | 15 |
| of all receipts and, if any,
certificate of sale.
| 16 |
| (b) Hearing. Upon motion and notice in accordance with | 17 |
| court rules
applicable to motions generally, which motion shall | 18 |
| not be made prior to
sale, the court shall conduct a hearing to
| 19 |
| confirm the sale. Unless the court finds that (i) a notice | 20 |
| required in
accordance with subsection (c) of Section 15-1507 | 21 |
| was not given, (ii) the
terms of sale were unconscionable, | 22 |
| (iii) the sale was conducted
fraudulently or (iv) that justice | 23 |
| was otherwise not done, the court shall
then enter an order | 24 |
| confirming the sale. The confirmation order shall include a | 25 |
| name, address, and telephone number of the holder of the |
|
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| certificate of sale or deed issued pursuant to that certificate | 2 |
| or, if no certificate or deed was issued, the purchaser, whom a | 3 |
| municipality or county may contact with concerns about the real | 4 |
| estate. The confirmation order may
also:
| 5 |
| (1) approve the mortgagee's fees and costs arising | 6 |
| between the entry of
the judgment of foreclosure and the | 7 |
| confirmation hearing, those costs and
fees to be allowable | 8 |
| to the same extent as provided in the note and mortgage
and | 9 |
| in Section 15-1504;
| 10 |
| (2) provide for a personal judgment against any party | 11 |
| for a deficiency;
and
| 12 |
| (3) determine the priority of the judgments of parties | 13 |
| who deferred proving
the priority pursuant to subsection | 14 |
| (h) of Section 15-1506, but
the court shall not
defer | 15 |
| confirming the sale pending the determination of such | 16 |
| priority.
| 17 |
| (b-5) Notice with respect to residential real estate. | 18 |
| With respect to residential real estate, the notice | 19 |
| required under subsection (b) of this Section shall be sent to | 20 |
| the mortgagor even if the mortgagor has previously been held in | 21 |
| default. In the event the mortgagor has filed an appearance, | 22 |
| the notice shall be sent to the address indicated on the | 23 |
| appearance. In all other cases, the notice shall be sent to the | 24 |
| mortgagor at the common address of the foreclosed property. The | 25 |
| notice shall be sent by first class mail. Unless the right to | 26 |
| possession has been previously terminated by the court, the |
|
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| notice shall include the following language in 12-point | 2 |
| boldface capitalized type: | 3 |
| IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 4 |
| REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 5 |
| POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 6 |
| ILLINOIS MORTGAGE FORECLOSURE LAW. | 7 |
| (b-10) Notice of confirmation order sent to municipality or | 8 |
| county. A copy of the confirmation order required under | 9 |
| subsection (b) shall be sent to the municipality in which the | 10 |
| foreclosed property is located, or to the county within the | 11 |
| boundary of which the foreclosed property is located if the | 12 |
| foreclosed property is located in an unincorporated territory. | 13 |
| A municipality or county must clearly publish on its website a | 14 |
| single address to which such notice shall be sent. If a | 15 |
| municipality or county does not maintain a website, then the | 16 |
| municipality or county must publicly post in its main office a | 17 |
| single address to which such notice shall be sent. In the event | 18 |
| that a municipality or county has not complied with the | 19 |
| publication requirement in this subsection (b-10), then such | 20 |
| notice to the municipality or county shall be provided pursuant | 21 |
| to Section 2-211 of the Code of Civil Procedure. | 22 |
| (c) Failure to Give Notice. If any sale is held without | 23 |
| compliance with
subsection (c) of Section 15-1507 of this | 24 |
| Article, any party entitled to
the notice provided for in | 25 |
| paragraph (3) of that subsection
(c) who was not so notified | 26 |
| may, by motion supported by affidavit
made prior to |
|
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| confirmation of such sale, ask the court which entered the
| 2 |
| judgment to set aside the sale, provided that such party shall | 3 |
| guarantee or
secure by bond a bid equal to the successful bid | 4 |
| at the prior sale. Any
subsequent sale is subject to the same | 5 |
| notice requirement as the original sale.
| 6 |
| (d) Validity of Sale. Except as provided in subsection (c) | 7 |
| of Section
15-1508, no sale under this Article shall be held | 8 |
| invalid or be set aside
because of any defect in the notice | 9 |
| thereof or in the publication of the
same, or in the | 10 |
| proceedings of the officer conducting the sale, except upon
| 11 |
| good cause shown in a hearing pursuant to subsection (b) of | 12 |
| Section
15-1508. At any time after a sale has occurred, any | 13 |
| party entitled to
notice under paragraph (3) of subsection (c) | 14 |
| of Section 15-1507 may recover
from the mortgagee any damages | 15 |
| caused by the mortgagee's failure to comply
with such paragraph | 16 |
| (3). Any party who recovers damages in a judicial
proceeding | 17 |
| brought under this subsection may also recover from the
| 18 |
| mortgagee the reasonable expenses of litigation, including | 19 |
| reasonable attorney's fees.
| 20 |
| (e) Deficiency Judgment. In any order confirming a sale | 21 |
| pursuant to the
judgment of foreclosure, the court shall also | 22 |
| enter a personal judgment
for deficiency against any party (i) | 23 |
| if otherwise authorized and (ii) to
the extent requested in the | 24 |
| complaint and proven upon presentation of the
report of sale in | 25 |
| accordance with Section 15-1508. Except as otherwise provided
| 26 |
| in this Article, a judgment may be entered for any balance of |
|
|
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| money that
may be found due to the plaintiff, over and above | 2 |
| the proceeds of the sale
or sales, and enforcement may be had | 3 |
| for the collection of such balance,
the same as when the | 4 |
| judgment is solely for the payment of money. Such
judgment may | 5 |
| be entered, or enforcement had,
only in cases where personal | 6 |
| service has been had upon the
persons personally liable for the | 7 |
| mortgage indebtedness, unless they have
entered their | 8 |
| appearance in the foreclosure action.
| 9 |
| (f) Satisfaction. Upon confirmation of the sale, the
| 10 |
| judgment stands satisfied to the extent of the sale price less | 11 |
| expenses and
costs. If the order confirming the sale includes a | 12 |
| deficiency judgment, the
judgment shall become a lien in the | 13 |
| manner of any other
judgment for the payment of money.
| 14 |
| (g) The order confirming the sale shall include, | 15 |
| notwithstanding any
previous orders awarding possession during | 16 |
| the pendency of the foreclosure, an
award to the purchaser of | 17 |
| possession of the mortgaged real estate, as of the
date 30 days | 18 |
| after the entry of the order, against the
parties to the | 19 |
| foreclosure whose interests have been terminated.
| 20 |
| An order of possession authorizing the removal of a person | 21 |
| from possession
of the mortgaged real estate shall be entered | 22 |
| and enforced only against those
persons personally
named as | 23 |
| individuals in the complaint or the petition under subsection | 24 |
| (h)
of Section 15-1701 and in the order of possession and shall
| 25 |
| not be entered and enforced against any person who is only | 26 |
| generically
described as an
unknown owner or nonrecord claimant |
|
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| 1 |
| or by another generic designation in the
complaint.
| 2 |
| Notwithstanding the preceding paragraph, the failure to | 3 |
| personally
name,
include, or seek an award of
possession of the | 4 |
| mortgaged real estate against a person in the
confirmation | 5 |
| order shall not abrogate any right that the purchaser may have | 6 |
| to
possession of the mortgaged real estate and to maintain a | 7 |
| proceeding against
that person for
possession under Article 9 | 8 |
| of this Code or subsection (h) of Section 15-1701;
and | 9 |
| possession against a person
who (1) has not been personally | 10 |
| named as a party to the
foreclosure and (2) has not been | 11 |
| provided an opportunity to be heard in the
foreclosure | 12 |
| proceeding may be sought only by maintaining a
proceeding under | 13 |
| Article 9 of this
Code or subsection (h) of Section 15-1701.
| 14 |
| (Source: P.A. 95-826, eff. 8-14-08.)
| 15 |
| Section 97. Severability. The provisions of this Act are | 16 |
| severable under Section 1.31 of the Statute on Statutes.
| 17 |
| Section 99. Effective date. This Act takes effect 60 days | 18 |
| after becoming law.".
|
|