Full Text of SB2101 96th General Assembly
SB2101sam002 96TH GENERAL ASSEMBLY
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Sen. Jacqueline Y. Collins
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 2101
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| AMENDMENT NO. ______. Amend Senate Bill 2101 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Land Banking Act. | 6 |
| Section 5. Findings. There is a continuing need to | 7 |
| strengthen and revitalize the economy of this State. Vacant and | 8 |
| abandoned properties threaten communities around the State | 9 |
| because those properties diminish property values, enable | 10 |
| crime, and create health hazards. Municipalities are often | 11 |
| unaware of which properties are at risk of becoming vacant and | 12 |
| abandoned. Municipalities have an interest in knowing the | 13 |
| status of the housing stock located in their jurisdictions. | 14 |
| Local governments should be empowered to acquire, develop, | 15 |
| maintain, and dispose of vacant and abandoned properties that | 16 |
| present a threat to communities around the State. |
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| Municipalities lack many of the tools necessary to ensure | 2 |
| adequate property maintenance. Municipalities are unable to | 3 |
| recover the reasonable costs of their property maintenance | 4 |
| activity. | 5 |
| Section 10. Definitions. | 6 |
| "Authority" means a land bank authority created by one or | 7 |
| more municipalities pursuant to this Act.
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| "Intergovernmental agreement" means a contractual | 9 |
| agreement between one or more governmental agencies, | 10 |
| including, but not limited to, an agreement to jointly exercise | 11 |
| any power, privilege, or authority that agencies share in | 12 |
| common and that each might exercise separately under this Act.
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| Section 15. Authorization. A municipality or several | 14 |
| municipalities may create a land bank authority with any or all | 15 |
| of the powers and restrictions specified in this Act. In | 16 |
| creating an authority, the municipality shall provide for all | 17 |
| of the following: | 18 |
| (1) The incorporation of the authority as a public | 19 |
| body, corporate and politic.
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| (2) Articles of incorporation for the authority, which | 21 |
| must specify a list of permissible purposes for authority | 22 |
| activity under this Act.
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| (3) The size of the board of directors for the | 24 |
| authority.
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| (4) The qualifications, methods of selection, and | 2 |
| terms of office of the board members.
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| Section 20. Election of tax remittance. A municipality may | 4 |
| authorize the remittance of a portion of taxes collected on | 5 |
| real property, pursuant to the Property Tax Code, to the | 6 |
| authority that sold or conveyed real property in order to | 7 |
| further the purposes of this Act. The municipality may elect to | 8 |
| have up to 50% of those taxes remitted to the authority for up | 9 |
| to 5 years after the land bank has completed the sale or | 10 |
| conveyance of the property. | 11 |
| Section 25. Board of directors. An authority shall be | 12 |
| governed by a board of directors, the board shall consist of 3 | 13 |
| or more directors. The board of directors shall be composed of | 14 |
| an odd number of members. | 15 |
| Notwithstanding any law to the contrary, any public officer | 16 |
| shall be eligible to serve as a board member and the acceptance | 17 |
| of the appointment shall neither terminate nor impair such | 18 |
| public office. For the purposes of this Section, "public | 19 |
| officer" means a person who is elected to a State or local | 20 |
| government office. | 21 |
| Any State or local government employee shall be eligible to | 22 |
| serve as a board member. | 23 |
| The board of the authority shall meet from time to time as | 24 |
| required, and the presence of a majority of the board of |
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| directors shall constitute a quorum. A chairperson shall be | 2 |
| elected from among the members, and he or she shall execute all | 3 |
| deeds, leases, and contracts of the authority when authorized | 4 |
| by the board. The board of the authority shall conduct meetings | 5 |
| in accordance with the Open Meetings Act. The board of the | 6 |
| authority shall adopt a code of ethics for its directors, | 7 |
| officers, and employees. The board of the authority shall | 8 |
| establish policies and procedures requiring the disclosure of | 9 |
| relationships that may give rise to a conflict of interest. The | 10 |
| board of the authority shall require that any member of the | 11 |
| board with a direct or indirect interest in any matter disclose | 12 |
| the member's interest to the board before the board takes any | 13 |
| action on that matter. Members of the board of directors of an | 14 |
| authority shall serve without compensation. | 15 |
| Section 30. Powers. A municipality or several | 16 |
| municipalities may grant an authority any or all of the powers | 17 |
| enumerated in this Section, subject to any conditions, | 18 |
| restrictions, or limitations of the municipality, including | 19 |
| the power to: | 20 |
| (a) Acquire property pursuant to Section 35 of this | 21 |
| Act.
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| (b) Extinguish taxes pursuant to Section 40 of this | 23 |
| Act. | 24 |
| (c) Adopt, amend, and repeal bylaws for the regulation | 25 |
| of its affairs and the conduct of its business.
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| (d) Sue and be sued in its own name and plead and be | 2 |
| impleaded, including, but not limited to, defending the | 3 |
| authority in an action to clear title to property conveyed | 4 |
| by the authority.
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| (e) Take any action, provide any notice, or instate any | 6 |
| proceeding required to clear or quiet title to property | 7 |
| held by the authority in order to establish ownership by | 8 |
| and vest title to property in the authority.
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| (f) Be made party to and defend any action or | 10 |
| proceeding concerning title claims against property held | 11 |
| by the authority.
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| (g) Subject to the written approval of the board of | 13 |
| directors, borrow money and issue bonds and notes according | 14 |
| to the provisions of this Act.
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| (h) Enter into contracts and other instruments | 16 |
| necessary, incidental, or convenient to the performance of | 17 |
| its duties and the exercise of its powers, including, but | 18 |
| not limited to, intergovernmental agreements, for the | 19 |
| joint exercise of power under this Act. | 20 |
| (i) Enter into contracts for the management of, the | 21 |
| collection of rent from, and the sale of real property held | 22 |
| by an authority. | 23 |
| (j) Enter into contracts with other entities, public or | 24 |
| private, for the provision of all or a portion of the | 25 |
| services necessary for the management and operation of the | 26 |
| authority.
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| (k) Solicit and accept gifts, grants, labor, loans, and | 2 |
| other aid from any person, the federal government, this | 3 |
| State, a political subdivision of this State or any agency | 4 |
| of the federal government, or an intergovernmental entity | 5 |
| created under the laws of this State or participate in any | 6 |
| other way in a program of the federal government, this | 7 |
| State, a political subdivision of this State, or an | 8 |
| intergovernmental entity created under the laws of this | 9 |
| State.
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| (l) Procure insurance against loss in connection with | 11 |
| the property, assets, or activities of the authority.
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| (m) Control, hold, manage, maintain, operate, repair, | 13 |
| lease as lessor, secure, prevent the waste or deterioration | 14 |
| of, demolish, and take all other actions necessary to | 15 |
| preserve the value of the property it holds or owns.
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| (n) Remediate environmental contamination on any | 17 |
| property held by the authority.
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| (o) Fix, charge, and collect rents, fees, and charges | 19 |
| for use of property under the control of the authority or | 20 |
| for services provided by the authority.
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| (p) Grant or acquire a license, easement, or option | 22 |
| with respect to property as the authority determines is | 23 |
| reasonably necessary to achieve the purposes of the Act.
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| (q) Convey, sell, transfer, exchange, lease as lessor, | 25 |
| or otherwise dispose of property, rights, or interests in | 26 |
| property to which the authority holds a legal interest to |
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| any public or private person for value determined by the | 2 |
| authority. | 3 |
| (r) Pay any tax or special assessment due on property | 4 |
| acquired or owned by the authority.
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| (s) Subject to the Public Funds Investment Act, invest | 6 |
| money of the authority, at the discretion of the board of | 7 |
| directors of the authority, in instruments, obligations, | 8 |
| securities, or property determined proper by the board of | 9 |
| directors of the authority, and name and use depositories | 10 |
| for its money. | 11 |
| (t)
Employ its own employees or use employees of the | 12 |
| authorizing municipality or employees of the parties to | 13 |
| intergovernmental agreements.
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| (u) Employ legal and technical experts, other | 15 |
| officers, agents, or employees and pay them from the funds | 16 |
| of the authority and determine the qualifications, duties, | 17 |
| and compensation of those it employs.
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| (v) The board of directors of an authority may delegate | 19 |
| to one or more of its members, officers, agents, or | 20 |
| employees any powers or duties it considers proper.
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| (w) Reimburse members of the board of directors of the | 22 |
| authority for actual and necessary expenses subject to | 23 |
| available appropriations.
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| (x) Contract for goods and services and engage | 25 |
| personnel as necessary and engage the services of private | 26 |
| consultants, managers, legal counsel, engineers, accounts, |
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| and auditors for rendering professional financial | 2 |
| assistance and advice payable out of any money available to | 3 |
| the authority.
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| (y) Prepare the reports or plans the authority | 5 |
| considers necessary to assist it in the exercise of its | 6 |
| powers under this Act and to monitor and evaluate progress | 7 |
| under this Act.
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| The powers granted by this Act are in addition to the | 9 |
| powers granted by any other law, statute, or charter. | 10 |
| Section 35. Acquisition of property. An authority may | 11 |
| acquire by gift, devise, transfer, exchange, foreclosure, | 12 |
| purchase, or otherwise on terms and conditions and in a manner | 13 |
| the authority considers proper, real property within the | 14 |
| authority's jurisdiction, or rights or interests in real | 15 |
| property within the authority's jurisdiction. | 16 |
| An authority may acquire by gift, devise, transfer, | 17 |
| exchange, foreclosure, purchase, or otherwise on terms and | 18 |
| conditions and in a manner the authority considers proper, real | 19 |
| property outside of the authority's jurisdiction pursuant to an | 20 |
| intergovernmental agreement, or rights or interests in real | 21 |
| property outside of the authority's jurisdiction pursuant to an | 22 |
| intergovernmental agreement. | 23 |
| An authority may acquire by gift, devise, transfer, | 24 |
| exchange, foreclosure, purchase, or otherwise on terms and | 25 |
| conditions and in a manner the authority considers proper, |
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| personal property, or rights or interests in personal property. | 2 |
| Real property acquired by an authority by purchase may be | 3 |
| by purchase contract, lease purchase agreement, installment | 4 |
| sales contract, land contract, or otherwise. | 5 |
| An authority may hold and own in its name any property | 6 |
| acquired by it or conveyed to it by this State, a foreclosing | 7 |
| governmental unit, a unit of local government, an | 8 |
| intergovernmental entity created under the laws of this State, | 9 |
| or any other public or private person, including, but not | 10 |
| limited to, property without clear title. | 11 |
| All deeds, mortgages, contracts, leases, purchases, or | 12 |
| other agreements regarding property of an authority, including | 13 |
| agreements to acquire or dispose of real property, shall be | 14 |
| approved by and executed in the name of the authority. | 15 |
| An authority shall have the right to purchase properties at | 16 |
| tax sales conducted in accordance with Division 3.5 of the | 17 |
| Property Tax Code. | 18 |
| (a) The authority may tender a bid at a tax sale that | 19 |
| is a credit bid, consisting of the obligation of the | 20 |
| authority to satisfy the component parts of the bid by | 21 |
| payments to the respective political subdivisions. | 22 |
| (b) A bid by the authority at a tax sale for the | 23 |
| minimum amount shall take priority over all other bids for | 24 |
| the same property. | 25 |
| Section 40. Taxes. When a property is acquired by the |
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| authority, the authority shall have the power to extinguish all | 2 |
| outstanding county and city or consolidated government taxes, | 3 |
| including school district taxes, at the time it sells or | 4 |
| otherwise disposes of property. | 5 |
| Property of an authority is public property devoted to an | 6 |
| essential public and governmental function and purpose. Income | 7 |
| of the authority is considered to be for a public and | 8 |
| governmental purpose. The property of the authority and its | 9 |
| income and operation are exempt from all taxes and special | 10 |
| assessments of this State and all units of local government. | 11 |
| Bonds or notes issued by the authority, and the interest on and | 12 |
| income from those bonds and notes, are exempt from all taxation | 13 |
| of this State or a unit of local government. | 14 |
| Section 45. Receipt of taxes. All moneys received by an | 15 |
| authority as payment of taxes, penalties, or interest, or from | 16 |
| the redemption or sale of property subject to a tax lien of any | 17 |
| taxing unit shall be returned to the appropriate local tax | 18 |
| collecting unit in which the property is located. | 19 |
| Section 50. Proceeds. Except as otherwise provided in this | 20 |
| Act, as required by other law, as required under the provisions | 21 |
| of a deed, or as an authority otherwise agrees, any proceeds | 22 |
| received by the authority may be retained by the authority for | 23 |
| the purposes of this Act. |
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| Section 55. Record maintenance. The authority shall | 2 |
| maintain a written inventory of all property held by the | 3 |
| authority. The property shall be inventoried and classified by | 4 |
| the authority according to title status and suitability for | 5 |
| use. The inventory shall be available for public inspection | 6 |
| during regular business hours. | 7 |
| For each property held, the authority shall establish and | 8 |
| maintain itemized records and accounts reflecting all | 9 |
| transactions, expenditures, and revenues relating to all | 10 |
| property held by the authority. | 11 |
| Section 60. The Property Tax Code is amended by adding | 12 |
| Sections 21-111 and 21-231 as follows: | 13 |
| (35 ILCS 200/21-111 new)
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| Sec. 21-111. Notice to municipalities and townships of | 15 |
| annual application for judgment and sale; delinquent taxes. At | 16 |
| any time after all taxes have become delinquent in any year, | 17 |
| the county collector shall provide notice of the intended | 18 |
| application for judgment and sale of delinquent properties to | 19 |
| all municipal clerks in the county's jurisdiction and all | 20 |
| township assessors responsible for unincorporated areas in the | 21 |
| county's jurisdiction. The notice shall be provided at least 10 | 22 |
| days before the day on which judgment is to be applied for. | 23 |
| Unless otherwise requested by a municipal clerk or township | 24 |
| assessor, notice shall include a list of the delinquent |
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| properties upon which the taxes or any part thereof remain due | 2 |
| and unpaid, the names of owners, if known, the total amount | 3 |
| due, and the year or years for which they are due and such | 4 |
| notices shall be printed and identify properties by property | 5 |
| index number. | 6 |
| Properties upon which taxes have been paid in full under | 7 |
| protest shall not be included in the list. In each such notice, | 8 |
| the county collector shall inform the municipal clerk or | 9 |
| township assessor of the clerk or assessor's ability to elect | 10 |
| to receive such notices electronically, to limit the list of | 11 |
| properties about which it receives notice to a list of | 12 |
| properties identified by property index numbers provided by the | 13 |
| municipal clerk or township assessor, and to elect not to | 14 |
| receive notice under this Section. | 15 |
| At any time, a municipal clerk or township assessor may | 16 |
| elect, by providing written notice to the county collector: (1) | 17 |
| to receive such notice electronically, (2) to limit the list of | 18 |
| properties about which it receives notice to a list identified | 19 |
| by property index numbers provided by the municipal clerk or | 20 |
| township assessor, and (3) to elect not to receive notice under | 21 |
| this Section. A municipal clerk or township assessor may | 22 |
| reverse any such election at any time by providing written | 23 |
| notice to the county collector. | 24 |
| (35 ILCS 200/21-231 new) | 25 |
| Sec. 21-231. Notice of sales and redemptions. When any |
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| property is sold, the county clerk shall send notice of the | 2 |
| sale to the municipal clerk of the jurisdiction where the | 3 |
| property is located of the name of the purchaser and the amount | 4 |
| of the final bid. When any property is redeemed from sale, the | 5 |
| county clerk shall send notice to the municipal clerk of the | 6 |
| jurisdiction where the property is located of the name of the | 7 |
| person redeeming and the redemption date. Notice must be sent | 8 |
| by registered or certified mail within 30 days after sale or | 9 |
| redemption.
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| Section 65. The Counties Code is amended by changing | 11 |
| Sections 5-1099 and 5-1118 and by adding Section 5-1131 as | 12 |
| follows:
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| (55 ILCS 5/5-1099) (from Ch. 34, par. 5-1099)
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| Sec. 5-1099. Weed cutting on residential subdivision lots. | 15 |
| In
counties of less than 3,000,000 inhabitants, a county board | 16 |
| may provide for
the cutting of weeds on lots in subdivisions in | 17 |
| residential areas in the
unincorporated area of the county or | 18 |
| any part thereof, when the owners of
the subdivision lot refuse | 19 |
| or neglect to cut them, and may
collect from the owners the | 20 |
| reasonable cost thereof. Notice of intention to
cut weeds shall | 21 |
| be given to the owners of subdivision lot involved at least
15 | 22 |
| days before such action is intended to be taken, by mailing a | 23 |
| written
copy of such notice to the last known address of each | 24 |
| such owner or owners.
This cost , including any associated fees |
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| and other costs related to the enforcement of this Section, is | 2 |
| a lien upon the subdivision lot affected, superior to all
prior | 3 |
| existing other liens and encumbrances, except tax liens; | 4 |
| provided that within 60
days after such cost and expense is | 5 |
| incurred the county, or person
performing the service by | 6 |
| authority of the county in his or its own name,
files notice of | 7 |
| lien in the office of the recorder in the county in which
such | 8 |
| subdivision lot is located or in the office of the Registrar of | 9 |
| Titles
of the county if the subdivision lot affected is | 10 |
| registered under the
Torrens system. The notice shall consist | 11 |
| of a sworn statement setting
out (1) a description of the | 12 |
| subdivision lot sufficient for
identification thereof, (2) the | 13 |
| amount of money representing the cost
and expense incurred or | 14 |
| payable for the service, and (3) the date or
dates when such | 15 |
| cost and expense was incurred by the county. However,
the lien | 16 |
| of such county shall not be valid as to any purchaser whose
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| rights in and to such subdivision lot have arisen subsequent to | 18 |
| the
weed-cutting and prior to the filing of such notice , and | 19 |
| the lien of the
county shall not be valid as to any mortgagee, | 20 |
| judgment creditor or
other lienor whose rights in and to such | 21 |
| subdivision lot arise prior to
the filing of such notice . Upon | 22 |
| payment of the cost and expense by the
owner of or persons | 23 |
| interested in such property after notice of lien has
been | 24 |
| filed, the lien shall be released by the county or person in | 25 |
| whose
name this lien has been filed and the release may be | 26 |
| filed of record as
in the case of filing notice of lien.
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| (Source: P.A. 86-962; 86-1028.)
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| (55 ILCS 5/5-1118) (from Ch. 34, par. 5-1118)
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| Sec. 5-1118. Garbage and debris removal. The county board | 4 |
| of any
county may provide for the removal of garbage and debris | 5 |
| from unincorporated
areas of the county if the owner of the | 6 |
| property refuses or neglects to remove
the garbage and debris | 7 |
| and may collect the reasonable costs of removal from the
owner. | 8 |
| Notice of the county's intention to remove garbage and debris | 9 |
| shall be
given to the owner or owners of the property by | 10 |
| mailing a written copy of the
notice to the last known address | 11 |
| of each owner or owners at least 15 days
before the action is | 12 |
| intended to be taken. This cost of removal , including any | 13 |
| associated fees and other costs related to the enforcement of | 14 |
| this Section, is a lien upon
the real estate affected that is | 15 |
| superior to all prior existing other liens and encumbrances,
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| except tax liens, if within 60 days after the costs are | 17 |
| incurred, the county or
person performing the service by | 18 |
| authority of the county, in his or its own
name, files notice | 19 |
| of lien in the office of the recorder in the county in which
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| the real estate is located or files notice of the lien in the | 21 |
| office of the
Registrar of Titles of the county if the real | 22 |
| estate affected is registered
under the Registered Titles | 23 |
| (Torrens) Act. The notice shall consist of a sworn
statement | 24 |
| setting out: (1) a description of the real estate sufficient | 25 |
| for
identification, (2) the amount of money representing the |
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| cost and expense
incurred or payable for the service, and (3) | 2 |
| the date or dates when the costs
were incurred by the county.
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| The lien of the county shall not be valid as to any | 4 |
| purchaser whose rights in
and to the real estate have arisen | 5 |
| after the removal of the garbage and debris
and before the | 6 |
| filing of the notice. The lien of the county shall not be valid
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| as to any mortgagee, judgment creditor, or other lienor whose | 8 |
| rights in and to
the real estate arose before the filing of the | 9 |
| notice. Upon payment of the
removal costs by the property owner | 10 |
| or persons interested in the property, the
lien shall be | 11 |
| released by the county or the person in whose name the lien has
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| been filed, and the release may be filed of record as in the | 13 |
| case of filing
notice of lien. The lien may be enforced by | 14 |
| proceedings to foreclose as in the
case of mortgages or | 15 |
| mechanics' liens. An action to foreclose this lien shall
be | 16 |
| commenced within 2 years after the date of filing notice of the | 17 |
| lien.
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| (Source: P.A. 87-939.)
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| (55 ILCS 5/5-1131 new)
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| Sec. 5-1131. Vacant and abandoned property ordinances. For | 21 |
| the purposes of minimizing the hazards to persons and property | 22 |
| resulting from vacant and abandoned property, a county board | 23 |
| may prescribe rules, regulations, or ordinances for the | 24 |
| maintenance of vacant and abandoned property within the | 25 |
| unincorporated territories of its jurisdiction. A county board |
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| may impose registration fees for vacant and abandoned property | 2 |
| and fines for failure to comply with the rules, regulations, or | 3 |
| ordinances enacted pursuant to this Section.
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| Section 70. The Illinois Municipal Code is amended by | 5 |
| changing Sections 11-20-7, 11-20-13, and 11-31.1-12 and by | 6 |
| adding Sections 11-20-15, 11-20-16, and 11-20-17 as follows:
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| (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
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| Sec. 11-20-7. Cutting of weeds. The corporate authorities | 9 |
| of each municipality may provide
for the cutting of weeds or | 10 |
| grass, the trimming of trees or bushes, and the removal of | 11 |
| nuisance bushes or trees in the municipality, when the owners | 12 |
| of real
estate refuse or neglect to cut, trim, or remove them | 13 |
| and to collect from the owners of
private property the | 14 |
| reasonable cost thereof. This cost , including any associated | 15 |
| fees and other costs related to the enforcement of this | 16 |
| Section, is a lien upon the
real estate affected, superior to | 17 |
| all prior existing other liens and encumbrances, except
tax | 18 |
| liens; provided that within 60 days after such cost and expense | 19 |
| is
incurred the municipality, or person performing the service | 20 |
| by authority of
the municipality, in his or its own name, files | 21 |
| notice of lien in the
office of the recorder in the county in | 22 |
| which
such real estate is
located or in the office of the | 23 |
| Registrar of Titles of such county if the
real estate affected | 24 |
| is registered under the Torrens system. The notice
shall |
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| consist of a sworn statement setting out (1) a description of | 2 |
| the
real estate sufficient for identification thereof, (2) the | 3 |
| amount of money
representing the cost and expense incurred or | 4 |
| payable for the service, and
(3) the date or dates when such | 5 |
| cost and expense was incurred by the
municipality. However, the | 6 |
| lien of such municipality shall not be valid as
to any | 7 |
| purchaser whose rights in and to such real estate have arisen
| 8 |
| subsequent to the cutting of weeds or grass, the trimming of | 9 |
| trees or bushes, or the removal of nuisance bushes or trees and | 10 |
| prior to the filing of such notice , and
the lien of such | 11 |
| municipality shall not be valid as to any mortgagee,
judgment | 12 |
| creditor or other lienor whose rights in and to such real | 13 |
| estate
arise prior to the filing of such notice . Upon payment | 14 |
| of the cost and
expense by the owner of or persons interested | 15 |
| in such property after notice
of lien has been filed, the lien | 16 |
| shall be released by the municipality or
person in whose name | 17 |
| the lien has been filed and the release may be filed
of record | 18 |
| as in the case of filing notice of lien.
| 19 |
| The cost of the cutting, trimming, or removal of weeds, | 20 |
| grass, trees, or bushes shall not be lien on the real estate
| 21 |
| affected unless a notice is personally served on, or sent by | 22 |
| certified mail to,
the person to whom was sent the tax bill for | 23 |
| the general taxes on the property
for the last preceding year. | 24 |
| The notice shall be delivered or sent
after the cutting, | 25 |
| trimming, or removal of weeds, grass, trees, or bushes on the | 26 |
| property. The notice shall
state the substance of this Section |
|
|
|
09600SB2101sam002 |
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|
| 1 |
| and the substance of any ordinance of the
municipality | 2 |
| implementing this Section and shall identify the property, by
| 3 |
| common description, and the location of the weeds to be cut.
| 4 |
| (Source: P.A. 95-183, eff. 8-14-07.)
| 5 |
| (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
| 6 |
| Sec. 11-20-13. Removal of garbage, debris, and graffiti. | 7 |
| The corporate authorities of each municipality may provide for | 8 |
| the
removal of garbage, debris, and graffiti from private | 9 |
| property
when the owner of such
property, after reasonable | 10 |
| notice, refuses or neglects to remove such
garbage, debris, and | 11 |
| graffiti and may collect from such owner
the reasonable cost
| 12 |
| thereof except in the case of graffiti. This cost , including | 13 |
| any associated fees and other costs related to the enforcement | 14 |
| of this Section, is a lien upon the real
estate affected, | 15 |
| superior to all
prior existing subsequent liens and | 16 |
| encumbrances, except tax liens, if within 60 days
after such | 17 |
| cost and expense is incurred the municipality, or person
| 18 |
| performing the service by authority of the municipality, in his | 19 |
| or its own
name, files notice of lien in the office of the | 20 |
| recorder in the
county in which such real estate is located or | 21 |
| in the office of the
Registrar of Titles of such county if the | 22 |
| real estate affected is
registered under "An Act concerning | 23 |
| land titles", approved May 1, 1897,
as amended. The notice | 24 |
| shall consist of a sworn
statement setting out (1) a | 25 |
| description of the real estate sufficient for
identification |
|
|
|
09600SB2101sam002 |
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| 1 |
| thereof, (2) the amount of money representing the cost and
| 2 |
| expense incurred or payable for the service, and (3) the date | 3 |
| or dates when
such cost and expense was incurred by the | 4 |
| municipality. However, the lien
of such municipality shall not | 5 |
| be valid as to any purchaser whose rights in
and to such real | 6 |
| estate have arisen subsequent to removal of the garbage
and | 7 |
| debris and prior to the filing of such notice , and the lien of | 8 |
| such
municipality shall not be valid as to any mortgagee, | 9 |
| judgment creditor or
other lienor whose rights in and to such | 10 |
| real estate arise prior to the
filing of such notice . Upon | 11 |
| payment of the cost and expense by the owner of
or persons | 12 |
| interested in such property after notice of lien has been | 13 |
| filed,
the lien shall be released by the municipality or person | 14 |
| in whose name the
lien has been filed and the release may be | 15 |
| filed of record as in the case
of filing notice of lien. The | 16 |
| lien may be enforced by proceedings to
foreclose as in case of | 17 |
| mortgages or mechanics' liens. An action
to foreclose
this lien | 18 |
| shall be commenced within 2 years after the date of filing | 19 |
| notice
of lien.
| 20 |
| This amendatory Act of 1973 does not apply to any | 21 |
| municipality which is
a home rule unit.
| 22 |
| (Source: P.A. 90-292, eff. 1-1-98.)
| 23 |
| (65 ILCS 5/11-20-15 new) | 24 |
| Sec. 11-20-15. Vacant and abandoned property ordinances. | 25 |
| For the purposes of minimizing the hazards to persons and |
|
|
|
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| 1 |
| property resulting from vacant and abandoned property, the | 2 |
| corporate authority of each municipality may prescribe rules, | 3 |
| regulations, or ordinances for the maintenance of vacant and | 4 |
| abandoned property. The corporate authorities of a | 5 |
| municipality may impose registration fees for vacant and | 6 |
| abandoned property and fines for failure to comply with the | 7 |
| rules, regulations, or ordinances enacted pursuant to this | 8 |
| Section. | 9 |
| (65 ILCS 5/11-20-16 new) | 10 |
| Sec. 11-20-16. Mortgage beneficiary responsibility. | 11 |
| Municipalities may hold responsible for any failure to comply | 12 |
| with rules, regulations, or ordinances for the maintenance of | 13 |
| vacant and abandoned property (i) any beneficiary or trustee, | 14 |
| who holds a deed of trust on a neglected property located | 15 |
| within the municipality, or (ii) any mortgagee who holds a | 16 |
| mortgage on a neglected property located within the | 17 |
| municipality, and has filed a notice of default under Section | 18 |
| 15-1503 of the Code of Civil Procedure. | 19 |
| If a beneficiary or trustee, who holds a deed of trust on a | 20 |
| neglected property, or a mortgagee who holds a mortgage on a | 21 |
| neglected property, is held responsible for any failure to | 22 |
| comply with municipal law, that beneficiary, trustee, or | 23 |
| mortgagee may enter the property, after proper notice, to | 24 |
| remedy any violation of the rules, regulations, or ordinances | 25 |
| for the maintenance of vacant and abandoned property. The |
|
|
|
09600SB2101sam002 |
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| 1 |
| beneficiary, trustee, or mortgagee may enter the property only | 2 |
| if, 15 days after the beneficiary, trustee, or mortgagee sent | 3 |
| proper notice, the property owners and occupants have failed to | 4 |
| comply with the rules, regulations, or ordinances at issue. | 5 |
| For the purpose of this Section, "neglected" means that | 6 |
| there has been no occupant in the property for a period of 6 | 7 |
| months and 2 or more of the following criteria have been met: | 8 |
| (a) Construction was initiated on the property and was | 9 |
| discontinued prior to completion, leaving the building | 10 |
| unsuitable for occupancy, and no construction has taken | 11 |
| place for at least 6 months. | 12 |
| (b) At least one installment of property tax is unpaid | 13 |
| and delinquent. | 14 |
| (c) The property has had more than one uncorrected | 15 |
| municipal code violation over the past year. | 16 |
| (d) Gas, electric, or water service to the premises has | 17 |
| been terminated. | 18 |
| (e) Windows or entrances to the premises are boarded up | 19 |
| or closed off, or multiple window panes are broken and | 20 |
| unrepaired. | 21 |
| (f) Doors to the premises are smashed through, broken | 22 |
| off, unhinged, or continuously unlocked. | 23 |
| (g) Rubbish, trash, or debris has accumulated on the | 24 |
| premises. | 25 |
| (h) The police or sheriff's office has received at | 26 |
| least 2 reports of trespassers on the premises, or of |
|
|
|
09600SB2101sam002 |
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| 1 |
| vandalism or other illegal acts being committed on the | 2 |
| premises in the past 6 months. | 3 |
| (i) The property is a nuisance. | 4 |
| For the purpose of this Section, "mortgagee" means (i) the | 5 |
| holder of an indebtedness, obligee of a non-monetary obligation | 6 |
| secured by a mortgage, or any person designated or authorized | 7 |
| to act on behalf of such holder and (ii) any person claiming | 8 |
| through a mortgagee as successor. | 9 |
| For the purpose of this Section, "proper notice" means | 10 |
| notice to all property owners and occupants by certified or | 11 |
| registered mail stating the intent of the beneficiary, trustee, | 12 |
| or mortgagee to enter the property; the notice must be sent at | 13 |
| least 15 days before the beneficiary, trustee, or mortgagee | 14 |
| enters the property. The notice shall also be posted on all | 15 |
| entrances to the property at least 15 days before the | 16 |
| beneficiary, trustee, or mortgagee enters the property. The | 17 |
| beneficiary, trustee, or mortgagee shall make a diligent injury | 18 |
| to determine the identities and addresses of all occupants of | 19 |
| the property. The notice shall include the name, address, and | 20 |
| phone number of the individual or entity whom the owner or | 21 |
| occupant may contact to inform that the property is not | 22 |
| neglected. The notice must specify the municipal law violations | 23 |
| the beneficiary, trustee, or mortgagee has been held | 24 |
| responsible for by a municipality. | 25 |
| For the purpose of this Section, "occupant" means a person | 26 |
| in lawful physical possession of all or part of the mortgaged |
|
|
|
09600SB2101sam002 |
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| 1 |
| real estate. | 2 |
| For the purpose of this Section, "nuisance" means any | 3 |
| property that because of its physical condition or use is a | 4 |
| public nuisance, or any property that constitutes a blight on | 5 |
| the surrounding area, or any property that is not fit for human | 6 |
| habitation under the applicable fire, building, and housing | 7 |
| codes. "Nuisance" also means any property on which any illegal | 8 |
| activity involving controlled substances, methamphetamine, or | 9 |
| cannabis takes place or any property on which any | 10 |
| streetgang-related activity takes place. | 11 |
| (65 ILCS 5/11-20-17 new) | 12 |
| Sec. 11-20-17. Care for vacant and abandoned buildings. The | 13 |
| corporate authorities of each municipality may (i) provide for | 14 |
| property maintenance required to correct violations of | 15 |
| municipal vacant and abandoned property rules, regulations, | 16 |
| and ordinances that would fall within those rules, regulations, | 17 |
| and ordinances contemplated by Section 11-20-15, when the | 18 |
| owners of real estate refuse or neglect to correct such | 19 |
| violations and (ii) collect from the owners of private property | 20 |
| the reasonable cost thereof. This cost, including any | 21 |
| associated fees and other costs related to the enforcement of | 22 |
| this Section, is a lien upon the real estate affected, superior | 23 |
| to all prior existing liens and encumbrances, except tax liens; | 24 |
| provided that within 60 days after such cost and expense is | 25 |
| incurred the municipality, or person performing the service by |
|
|
|
09600SB2101sam002 |
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LRB096 11443 RLJ 24194 a |
|
| 1 |
| authority of the municipality, in that person's own name, file | 2 |
| notice of lien in the office of the recorder in the county in | 3 |
| which the real estate is located or in the office of the | 4 |
| Registrar of Titles of the county if the real estate affected | 5 |
| is registered under the Torrens system. The notice shall | 6 |
| consist of a sworn statement setting out (i) a description of | 7 |
| the real estate sufficient for identification thereof, (ii) the | 8 |
| amount of money representing the cost and expense incurred or | 9 |
| payable for the service, and (iii) the date or dates when the | 10 |
| cost and expense was incurred by the municipality. However, the | 11 |
| lien of the municipality shall not be valid as to any purchaser | 12 |
| whose rights in and to the real estate have arisen subsequent | 13 |
| to the property maintenance and prior to the filing of such | 14 |
| notice. Upon payment of the cost and expense by the owner of or | 15 |
| persons interested in the property after notice of lien has | 16 |
| been filed, the lien shall be released by the municipality or | 17 |
| person in whose name the lien has been filed and the release | 18 |
| may be filed of record as in the case of filing notice of lien. | 19 |
| The lien may be enforced by proceedings to foreclose as in case | 20 |
| of mortgages or mechanics' liens. An action to foreclose this | 21 |
| lien shall be commenced within 2 years after the date of filing | 22 |
| notice of lien.
| 23 |
| (65 ILCS 5/11-31.1-12) (from Ch. 24, par. 11-31.1-12)
| 24 |
| Sec. 11-31.1-12. Sanctions applicable to owner - Property. | 25 |
| The order to correct a code violation and the sanctions imposed |
|
|
|
09600SB2101sam002 |
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|
| 1 |
| by a
municipality as the result of a finding of a code | 2 |
| violation under this
Division shall attach to the property as | 3 |
| well as to the owner of the
property, so that a finding of a | 4 |
| code violation against one owner cannot be
avoided by conveying | 5 |
| or transferring the property to another owner. Any
subsequent | 6 |
| transferee or owner of property takes subject to a civil fine | 7 |
| and the findings,
decision and order of a hearing officer under | 8 |
| this Division.
| 9 |
| (Source: Laws 1967, p. 1905.)
| 10 |
| Section 75. The Code of Civil Procedure is amended by | 11 |
| changing Sections 15-1508 and 15-1509 and by adding Section | 12 |
| 15-1503.5 as follows: | 13 |
| (735 ILCS 5/15-1503.5 new) | 14 |
| Sec. 15-1503.5. Notice of foreclosure to municipalities | 15 |
| and townships; servicer duties. | 16 |
| (a) Notice of foreclosure shall be provided to the | 17 |
| municipality within the boundaries of which the property is | 18 |
| located or to the township assessor if the property is located | 19 |
| within an unincorporated territory. All notices must be sent by | 20 |
| registered or certified mail. The municipality or township | 21 |
| shall not be joined as a party unless the municipality or | 22 |
| township is joined as a party under other provisions of this | 23 |
| Section. | 24 |
| When notice of foreclosure is sent to a municipality or |
|
|
|
09600SB2101sam002 |
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|
| 1 |
| township, it shall include (i) the names of all plaintiffs and | 2 |
| the case number, (ii) the court in which the action was | 3 |
| brought, (iii) the names of title holders of record, (iv) a | 4 |
| legal description of the real estate sufficient to identify it | 5 |
| with reasonable certainty, (v) a common address or description | 6 |
| of the location of the real estate, (vi) identification of the | 7 |
| mortgage sought to be foreclosed, (vii) the name, address, and | 8 |
| phone number of the servicer, servicer's agent, or servicer's | 9 |
| representative, and (viii) the property index number of the | 10 |
| property. The notice must be sent within 10 days after the | 11 |
| filing of a notice of foreclosure under Section 15-1503 with | 12 |
| the county in which the mortgaged real estate is located. | 13 |
| If, before a foreclosure sale is completed, there is a | 14 |
| change in any of the relevant required information, such as | 15 |
| name, phone number, agent, or local representative, then new | 16 |
| notice must be sent to the municipality or township informing | 17 |
| the municipality or township of the change. The notice must be | 18 |
| sent within 30 days of the change. | 19 |
| (b) Servicers have the following duties in replying to | 20 |
| municipal or township inquiries: | 21 |
| (1) In general. If any servicer of a loan receives a | 22 |
| qualified written request from a municipality or township | 23 |
| for information relating to the maintenance of the property | 24 |
| covered by the loan, the servicer shall provide a written | 25 |
| response acknowledging the receipt of the correspondence | 26 |
| within 20 days (excluding public holidays, Saturdays, and |
|
|
|
09600SB2101sam002 |
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|
| 1 |
| Sundays) unless the action requested is taken within that | 2 |
| period. | 3 |
| (2) Qualified written request. For the purposes of this | 4 |
| subsection, a qualified written request shall be a written | 5 |
| correspondence that includes, or otherwise enables the | 6 |
| servicer to identify, the name and account of the borrower. | 7 |
| (3) Action with respect to inquiry. Not later than 60 | 8 |
| days (excluding legal public holidays, Saturdays, and | 9 |
| Sundays) after the receipt from any municipality or | 10 |
| township of any qualified written request the servicer | 11 |
| shall provide the information requested. | 12 |
| Any person, partnership, association, corporation, or | 13 |
| other entity that violates any provision of this subsection | 14 |
| commits a business offense and shall be fined an amount not to | 15 |
| exceed $25,000 by the Commissioner of Banks and Real Estate or | 16 |
| a person authorized by the Commissioner, the Office of Banks | 17 |
| and Real Estate Act, or this Act to act in the Commissioner's | 18 |
| stead. | 19 |
| (c) For the purposes of this Section, the term "servicer" | 20 |
| means the person responsible for servicing of a loan. The term | 21 |
| includes the person who makes or holds a loan if that person | 22 |
| also services the loan. | 23 |
| For the purposes of this Section, the term "servicing" | 24 |
| means the collection or remittance or the right or obligation | 25 |
| to collect or remit for any lender, noteowner, noteholder, or | 26 |
| for a licensee's own account, of payments, interest, principal, |
|
|
|
09600SB2101sam002 |
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|
| 1 |
| and trust items such as hazard insurance and taxes on a | 2 |
| residential mortgage loan in accordance with the terms of the | 3 |
| residential mortgage loan; and includes loan payment | 4 |
| follow-up, delinquency loan follow-up, loan analysis, and any | 5 |
| notifications to the borrower that are necessary to enable the | 6 |
| borrower to keep the loan current and in good standing.
| 7 |
| (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
| 8 |
| Sec. 15-1508. Report of Sale and Confirmation of Sale.
| 9 |
| (a) Report. | 10 |
| (1) The person conducting the sale shall promptly make | 11 |
| a report to
the court, which report shall include a copy of | 12 |
| all receipts and, if any,
certificate of sale. | 13 |
| (2) The person conducting the sale shall promptly make | 14 |
| a report to the municipality or the township if the | 15 |
| property is located in an unincorporated territory, which | 16 |
| report shall include the name of the party purchasing the | 17 |
| property if the property is sold, or the name of the | 18 |
| resulting property-holding entity if there is no sale. Such | 19 |
| a report must be sent by registered or certified mail | 20 |
| within 30 days after the sale proceeding.
| 21 |
| (b) Hearing. Upon motion and notice in accordance with | 22 |
| court rules
applicable to motions generally, which motion shall | 23 |
| not be made prior to
sale, the court shall conduct a hearing to
| 24 |
| confirm the sale. Unless the court finds that (i) a notice | 25 |
| required in
accordance with subsection (c) of Section 15-1507 |
|
|
|
09600SB2101sam002 |
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| 1 |
| was not given, (ii) the
terms of sale were unconscionable, | 2 |
| (iii) the sale was conducted
fraudulently or (iv) that justice | 3 |
| was otherwise not done, the court shall
then enter an order | 4 |
| confirming the sale. 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. With | 18 |
| respect to residential real estate, the notice required under | 19 |
| subsection (b) of this Section shall be sent to the mortgagor | 20 |
| even if the mortgagor has previously been held in default. In | 21 |
| the event the mortgagor has filed an appearance, the notice | 22 |
| shall be sent to the address indicated on the appearance. In | 23 |
| all other cases, the notice shall be sent to the mortgagor at | 24 |
| the common address of the foreclosed property. The notice shall | 25 |
| be sent by first class mail. Unless the right to possession has | 26 |
| been previously terminated by the court, the notice shall |
|
|
|
09600SB2101sam002 |
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|
| 1 |
| include the following language in 12-point boldface | 2 |
| 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 |
| (c) Failure to Give Notice. If any sale is held without | 8 |
| compliance with
subsection (c) of Section 15-1507 of this | 9 |
| Article, any party entitled to
the notice provided for in | 10 |
| paragraph (3) of that subsection
(c) who was not so notified | 11 |
| may, by motion supported by affidavit
made prior to | 12 |
| confirmation of such sale, ask the court which entered the
| 13 |
| judgment to set aside the sale, provided that such party shall | 14 |
| guarantee or
secure by bond a bid equal to the successful bid | 15 |
| at the prior sale. Any
subsequent sale is subject to the same | 16 |
| notice requirement as the original sale.
| 17 |
| (d) Validity of Sale. Except as provided in subsection (c) | 18 |
| of Section
15-1508, no sale under this Article shall be held | 19 |
| invalid or be set aside
because of any defect in the notice | 20 |
| thereof or in the publication of the
same, or in the | 21 |
| proceedings of the officer conducting the sale, except upon
| 22 |
| good cause shown in a hearing pursuant to subsection (b) of | 23 |
| Section
15-1508. At any time after a sale has occurred, any | 24 |
| party entitled to
notice under paragraph (3) of subsection (c) | 25 |
| of Section 15-1507 may recover
from the mortgagee any damages | 26 |
| caused by the mortgagee's failure to comply
with such paragraph |
|
|
|
09600SB2101sam002 |
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LRB096 11443 RLJ 24194 a |
|
| 1 |
| (3). Any party who recovers damages in a judicial
proceeding | 2 |
| brought under this subsection may also recover from the
| 3 |
| mortgagee the reasonable expenses of litigation, including | 4 |
| reasonable attorney's fees.
| 5 |
| (e) Deficiency Judgment. In any order confirming a sale | 6 |
| pursuant to the
judgment of foreclosure, the court shall also | 7 |
| enter a personal judgment
for deficiency against any party (i) | 8 |
| if otherwise authorized and (ii) to
the extent requested in the | 9 |
| complaint and proven upon presentation of the
report of sale in | 10 |
| accordance with Section 15-1508. Except as otherwise provided
| 11 |
| in this Article, a judgment may be entered for any balance of | 12 |
| money that
may be found due to the plaintiff, over and above | 13 |
| the proceeds of the sale
or sales, and enforcement may be had | 14 |
| for the collection of such balance,
the same as when the | 15 |
| judgment is solely for the payment of money. Such
judgment may | 16 |
| be entered, or enforcement had,
only in cases where personal | 17 |
| service has been had upon the
persons personally liable for the | 18 |
| mortgage indebtedness, unless they have
entered their | 19 |
| appearance in the foreclosure action.
| 20 |
| (f) Satisfaction. Upon confirmation of the sale, the
| 21 |
| judgment stands satisfied to the extent of the sale price less | 22 |
| expenses and
costs. If the order confirming the sale includes a | 23 |
| deficiency judgment, the
judgment shall become a lien in the | 24 |
| manner of any other
judgment for the payment of money.
| 25 |
| (g) The order confirming the sale shall include, | 26 |
| notwithstanding any
previous orders awarding possession during |
|
|
|
09600SB2101sam002 |
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|
| 1 |
| the pendency of the foreclosure, an
award to the purchaser of | 2 |
| possession of the mortgaged real estate, as of the
date 30 days | 3 |
| after the entry of the order, against the
parties to the | 4 |
| foreclosure whose interests have been terminated.
| 5 |
| An order of possession authorizing the removal of a person | 6 |
| from possession
of the mortgaged real estate shall be entered | 7 |
| and enforced only against those
persons personally
named as | 8 |
| individuals in the complaint or the petition under subsection | 9 |
| (h)
of Section 15-1701 and in the order of possession and shall
| 10 |
| not be entered and enforced against any person who is only | 11 |
| generically
described as an
unknown owner or nonrecord claimant | 12 |
| or by another generic designation in the
complaint.
| 13 |
| Notwithstanding the preceding paragraph, the failure to | 14 |
| personally
name,
include, or seek an award of
possession of the | 15 |
| mortgaged real estate against a person in the
confirmation | 16 |
| order shall not abrogate any right that the purchaser may have | 17 |
| to
possession of the mortgaged real estate and to maintain a | 18 |
| proceeding against
that person for
possession under Article 9 | 19 |
| of this Code or subsection (h) of Section 15-1701;
and | 20 |
| possession against a person
who (1) has not been personally | 21 |
| named as a party to the
foreclosure and (2) has not been | 22 |
| provided an opportunity to be heard in the
foreclosure | 23 |
| proceeding may be sought only by maintaining a
proceeding under | 24 |
| Article 9 of this
Code or subsection (h) of Section 15-1701.
| 25 |
| (Source: P.A. 95-826, eff. 8-14-08.)
|
|
|
|
09600SB2101sam002 |
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|
| 1 |
| (735 ILCS 5/15-1509) (from Ch. 110, par. 15-1509)
| 2 |
| Sec. 15-1509. Transfer of Title and Title Acquired.
| 3 |
| (a) Deed. After (i) confirmation
of the sale, and (ii) | 4 |
| payment of the purchase price and any other
amounts required to | 5 |
| be paid by the purchaser at sale, the court (or, if the
court | 6 |
| shall so order, the person who conducted the
sale or such | 7 |
| person's successor or some persons specifically appointed
by | 8 |
| the court for that purpose), shall upon the request of the | 9 |
| holder
of the certificate of sale
(or the purchaser if no | 10 |
| certificate of sale was issued), promptly
execute a deed to the
| 11 |
| holder or purchaser sufficient to convey
title. Such deed
shall | 12 |
| identify the court and the caption of the case in which | 13 |
| judgment was
entered authorizing issuance of the deed. | 14 |
| Signature and the recital in the
deed of the title or authority | 15 |
| of the person signing the deed as grantor,
of authority | 16 |
| pursuant to the judgment and of the giving of the notices
| 17 |
| required by this Article is sufficient proof of the facts | 18 |
| recited and of
such authority to execute the deed, but such | 19 |
| deed shall not be construed to
contain any covenant on the part | 20 |
| of the person executing it. If the deed
issues to a grantee | 21 |
| prior to the expiration of the period for appealing the
| 22 |
| confirmation of sale, and the grantee conveys title to
another | 23 |
| party within that period, that other party will not be deemed a
| 24 |
| bona fide purchaser unless and until such period expires | 25 |
| without an appeal
having been filed or, an appeal having been | 26 |
| filed, such appeal is denied or
withdrawn. |
|
|
|
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LRB096 11443 RLJ 24194 a |
|
| 1 |
| If a mortgagee, mortgage beneficiary, or trustee receives | 2 |
| title to real estate under this Section, the mortgagee, | 3 |
| mortgage beneficiary, or trustee shall provide notice to the | 4 |
| municipality within the boundary of which the property is | 5 |
| located, or, if the property is located in an unincorporated | 6 |
| territory, notice to the township assessor. Notice shall | 7 |
| include the name, address, and phone number of a person | 8 |
| responsible for maintaining the real estate. Notice must be | 9 |
| sent by registered or certified mail. The notice must be sent | 10 |
| within 10 days after the grantee receives title under this | 11 |
| Section. If there is a change in any of the information | 12 |
| required under this Section, then new notice must be sent to | 13 |
| the municipality or township informing the municipality or | 14 |
| township of the change. The notice must be sent within 10 days | 15 |
| of the change. | 16 |
| Any person, partnership, association, corporation, or | 17 |
| other entity that violates any of the notice requirements set | 18 |
| forth in this subsection commits a business offense and shall | 19 |
| be fined an amount not to exceed $25,000 by the Commissioner of | 20 |
| Banks and Real Estate or a person authorized by the | 21 |
| Commissioner, the Office of Banks and Real Estate Act, or this | 22 |
| Act to act in the Commissioner's stead.
| 23 |
| (b) Effect Upon Delivery of Deed. Delivery of the deed | 24 |
| executed on the
sale of the real estate, even if the purchaser | 25 |
| or holder of the certificate
of sale is a party to the | 26 |
| foreclosure, shall be sufficient to pass the
title thereto.
|
|
|
|
09600SB2101sam002 |
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LRB096 11443 RLJ 24194 a |
|
| 1 |
| (c) Claims Barred. Any vesting of title by a consent | 2 |
| foreclosure
pursuant to Section 15-1402 or by deed pursuant to | 3 |
| subsection (b) of
Section 15-1509, unless otherwise specified | 4 |
| in the judgment
of foreclosure, shall be an entire bar of (i) | 5 |
| all claims of parties to the
foreclosure and (ii) all claims of | 6 |
| any nonrecord claimant who is given
notice of the foreclosure | 7 |
| in accordance with paragraph (2) of subsection
(c) of Section | 8 |
| 15-1502, notwithstanding the provisions of subsection (g) of
| 9 |
| Section 2-1301 to the contrary. Any person seeking relief from | 10 |
| any
judgment or order entered in the foreclosure in accordance
| 11 |
| with subsection (g) of Section 2-1301 of the Code of Civil | 12 |
| Procedure may
claim only an interest in the proceeds of sale.
| 13 |
| (Source: P.A. 86-974.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
|
|