SB0016enr 97TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning foreclosure.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Housing Development Act is amended
5by changing Sections 7.30 and 7.31 as follows:
 
6    (20 ILCS 3805/7.30)
7    Sec. 7.30. Foreclosure Prevention Program.
8    (a) The Authority shall establish and administer a
9Foreclosure Prevention Program. The Authority shall use moneys
10in the Foreclosure Prevention Program Fund, and any other funds
11appropriated for this purpose, to make grants to (i) approved
12counseling agencies for approved housing counseling and (ii)
13approved community-based organizations for approved
14foreclosure prevention outreach programs. The Authority shall
15promulgate rules to implement this Program and may adopt
16emergency rules as soon as practicable to begin implementation
17of the Program.
18    (b) Subject to appropriation, the Authority shall make
19grants from the Foreclosure Prevention Program Fund derived
20from fees paid as specified in subsection (a) of Section
2115-1504.1 of the Code of Civil Procedure as follows:
22        (1) 25% of the moneys in the Fund shall be used to make
23    grants to approved counseling agencies that provide

 

 

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1    services in Illinois outside of the City of Chicago. Grants
2    shall be based upon the number of foreclosures filed in an
3    approved counseling agency's service area, the capacity of
4    the agency to provide foreclosure counseling services, and
5    any other factors that the Authority deems appropriate.
6        (2) 25% of the moneys in the Fund shall be distributed
7    to the City of Chicago to make grants to approved
8    counseling agencies located within the City of Chicago for
9    approved housing counseling or to support foreclosure
10    prevention counseling programs administered by the City of
11    Chicago.
12        (3) 25% of the moneys in the Fund shall be used to make
13    grants to approved community-based organizations located
14    outside of the City of Chicago for approved foreclosure
15    prevention outreach programs.
16        (4) 25% of the moneys in the Fund shall be used to make
17    grants to approved community-based organizations located
18    within the City of Chicago for approved foreclosure
19    prevention outreach programs, with priority given to
20    programs that provide door-to-door outreach.
21    (b-1) Subject to appropriation, the Authority shall make
22grants from the Foreclosure Prevention Program Fund derived
23from fees paid as specified in paragraph (1) of subsection
24(a-5) of Section 15-1504.1 of the Code of Civil Procedure, as
25follows:
26        (1) 30% shall be used to make grants for approved

 

 

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1    housing counseling in Cook County outside of the City of
2    Chicago;
3        (2) 25% shall be used to make grants for approved
4    housing counseling in the City of Chicago;
5        (3) 30% shall be used to make grants for approved
6    housing counseling in DuPage, Kane, Lake, McHenry, and Will
7    Counties; and
8        (4) 15% shall be used to make grants for approved
9    housing counseling in Illinois in counties other than Cook,
10    DuPage, Kane, Lake, McHenry, and Will Counties provided
11    that grants to provide approved housing counseling to
12    borrowers residing within these counties shall be based (i)
13    proportionately on the amount of fees paid to the
14    respective clerks of the courts within these counties and
15    (ii) on any other factors that the Authority deems
16    appropriate.
17    (b-5) As used in this Section:
18    "Approved community-based organization" means a
19not-for-profit entity that provides educational and financial
20information to residents of a community through in-person
21contact. "Approved community-based organization" does not
22include a not-for-profit corporation or other entity or person
23that provides legal representation or advice in a civil
24proceeding or court-sponsored mediation services, or a
25governmental agency.
26    "Approved foreclosure prevention outreach program" means a

 

 

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1program developed by an approved community-based organization
2that includes in-person contact with residents to provide (i)
3pre-purchase and post-purchase home ownership counseling, (ii)
4education about the foreclosure process and the options of a
5mortgagor in a foreclosure proceeding, and (iii) programs
6developed by an approved community-based organization in
7conjunction with a State or federally chartered financial
8institution.
9    "Approved counseling agency" means a housing counseling
10agency approved by the U.S. Department of Housing and Urban
11Development.
12    "Approved housing counseling" means in-person counseling
13provided by a counselor employed by an approved counseling
14agency to all borrowers, or documented telephone counseling
15where a hardship would be imposed on one or more borrowers. A
16hardship shall exist in instances in which the borrower is
17confined to his or her home due to a medical condition, as
18verified in writing by a physician, or the borrower resides 50
19miles or more from the nearest approved counseling agency. In
20instances of telephone counseling, the borrower must supply all
21necessary documents to the counselor at least 72 hours prior to
22the scheduled telephone counseling session.
23    (c) (Blank). As used in this Section, "approved counseling
24agencies" and "approved housing counseling" have the meanings
25ascribed to those terms in Section 15-1502.5 of the Code of
26Civil Procedure.

 

 

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1(Source: P.A. 96-1419, eff. 10-1-10.)
 
2    (20 ILCS 3805/7.31)
3    Sec. 7.31. Abandoned Residential Property Municipality
4Relief Program.
5    (a) The Authority shall establish and administer an
6Abandoned Residential Property Municipality Relief Program.
7The Authority shall use moneys in the Abandoned Residential
8Property Municipality Relief Fund, and any other funds
9appropriated for this purpose, to make grants to municipalities
10and to counties to assist with removal costs and securing or
11enclosing costs incurred by the municipality or county for:
12cutting of neglected weeds or grass, trimming of trees or
13bushes, and removal of nuisance bushes or trees; extermination
14of pests or prevention of the ingress of pests; removal of
15garbage, debris, and graffiti; boarding up, closing off, or
16locking windows or entrances or otherwise making the interior
17of a building inaccessible to the general public; surrounding
18part or all of an abandoned residential property's underlying
19parcel with a fence or wall or otherwise making part or all of
20the abandoned residential property's underlying parcel
21inaccessible to the general public; demolition of abandoned
22residential property; and repair or rehabilitation of
23abandoned residential property pursuant to Section 11-20-15.1
24of the Illinois Municipal Code, as approved by the Authority
25under the Program. For purposes of this subsection (a), "pests"

 

 

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1has the meaning ascribed to that term in subsection (c) of
2Section 11-20-8 of the Illinois Municipal Code. The Authority
3shall promulgate rules for the administration, operation, and
4maintenance of the Program and may adopt emergency rules as
5soon as practicable to begin implementation of the Program.
6    (b) Subject to appropriation, the Authority shall make
7grants from the Abandoned Residential Property Municipality
8Relief Fund derived from fees paid as specified in paragraph
9(1) of subsection (a-5) of Section 15-1504.1 of the Code of
10Civil Procedure as follows:
11        (1) 30% of the moneys in the Fund shall be used to make
12    grants to municipalities other than the City of Chicago in
13    Cook County and to Cook County; 75% of the moneys in the
14    Fund shall be distributed to municipalities, other than the
15    City of Chicago, to assist with removal costs and securing
16    or enclosing costs incurred by the municipality pursuant to
17    Section 11-20-15.1 of the Illinois Municipal Code.
18        (2) 25% of the moneys in the Fund shall be used to make
19    grants to the City of Chicago; 25% of the moneys in the
20    Fund shall be distributed to the City of Chicago to assist
21    with removal costs and securing or enclosing costs incurred
22    by the municipality pursuant to Section 11-20-15.1 of the
23    Illinois Municipal Code.
24        (3) 30% of the moneys in the Fund shall be used to make
25    grants to municipalities in DuPage, Kane, Lake, McHenry and
26    Will Counties, and to those counties; and

 

 

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1        (4) 15% of the moneys in the Fund shall be used to make
2    grants to municipalities in Illinois in counties other than
3    Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and
4    to counties other than Cook, DuPage, Kane, Lake, McHenry,
5    and Will Counties. Grants distributed to the
6    municipalities and counties identified in this paragraph
7    (4) shall be based (i) proportionately on the amount of
8    fees paid to the respective clerks of the courts within
9    these counties and (ii) on any other factors that the
10    Authority deems appropriate.
11(Source: P.A. 96-1419, eff. 10-1-10.)
 
12    Section 10. The Criminal Code of 2012 is amended by
13changing Section 21-3 as follows:
 
14    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
15    Sec. 21-3. Criminal trespass to real property.
16    (a) A person commits criminal trespass to real property
17when he or she:
18        (1) knowingly and without lawful authority enters or
19    remains within or on a building;
20        (2) enters upon the land of another, after receiving,
21    prior to the entry, notice from the owner or occupant that
22    the entry is forbidden;
23        (3) remains upon the land of another, after receiving
24    notice from the owner or occupant to depart;

 

 

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1        (3.5) presents false documents or falsely represents
2    his or her identity orally to the owner or occupant of a
3    building or land in order to obtain permission from the
4    owner or occupant to enter or remain in the building or on
5    the land; or
6        (3.7) intentionally removes a notice posted on
7    residential real estate as required by subsection (l) of
8    Section 15-1505.8 of Article XV of the Code of Civil
9    Procedure before the date and time set forth in the notice;
10    or
11        (4) enters a field used or capable of being used for
12    growing crops, an enclosed area containing livestock, an
13    agricultural building containing livestock, or an orchard
14    in or on a motor vehicle (including an off-road vehicle,
15    motorcycle, moped, or any other powered two-wheel vehicle)
16    after receiving, prior to the entry, notice from the owner
17    or occupant that the entry is forbidden or remains upon or
18    in the area after receiving notice from the owner or
19    occupant to depart.
20    For purposes of item (1) of this subsection, this Section
21shall not apply to being in a building which is open to the
22public while the building is open to the public during its
23normal hours of operation; nor shall this Section apply to a
24person who enters a public building under the reasonable belief
25that the building is still open to the public.
26    (b) A person has received notice from the owner or occupant

 

 

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1within the meaning of Subsection (a) if he or she has been
2notified personally, either orally or in writing including a
3valid court order as defined by subsection (7) of Section
4112A-3 of the Code of Criminal Procedure of 1963 granting
5remedy (2) of subsection (b) of Section 112A-14 of that Code,
6or if a printed or written notice forbidding such entry has
7been conspicuously posted or exhibited at the main entrance to
8the land or the forbidden part thereof.
9    (b-5) Subject to the provisions of subsection (b-10), as an
10alternative to the posting of real property as set forth in
11subsection (b), the owner or lessee of any real property may
12post the property by placing identifying purple marks on trees
13or posts around the area to be posted. Each purple mark shall
14be:
15        (1) A vertical line of at least 8 inches in length and
16    the bottom of the mark shall be no less than 3 feet nor
17    more than 5 feet high. Such marks shall be placed no more
18    than 100 feet apart and shall be readily visible to any
19    person approaching the property; or
20        (2) A post capped or otherwise marked on at least its
21    top 2 inches. The bottom of the cap or mark shall be not
22    less than 3 feet but not more than 5 feet 6 inches high.
23    Posts so marked shall be placed not more than 36 feet apart
24    and shall be readily visible to any person approaching the
25    property. Prior to applying a cap or mark which is visible
26    from both sides of a fence shared by different property

 

 

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1    owners or lessees, all such owners or lessees shall concur
2    in the decision to post their own property.
3    Nothing in this subsection (b-5) shall be construed to
4authorize the owner or lessee of any real property to place any
5purple marks on any tree or post or to install any post or
6fence if doing so would violate any applicable law, rule,
7ordinance, order, covenant, bylaw, declaration, regulation,
8restriction, contract, or instrument.
9    (b-10) Any owner or lessee who marks his or her real
10property using the method described in subsection (b-5) must
11also provide notice as described in subsection (b) of this
12Section. The public of this State shall be informed of the
13provisions of subsection (b-5) of this Section by the Illinois
14Department of Agriculture and the Illinois Department of
15Natural Resources. These Departments shall conduct an
16information campaign for the general public concerning the
17interpretation and implementation of subsection (b-5). The
18information shall inform the public about the marking
19requirements and the applicability of subsection (b-5)
20including information regarding the size requirements of the
21markings as well as the manner in which the markings shall be
22displayed. The Departments shall also include information
23regarding the requirement that, until the date this subsection
24becomes inoperative, any owner or lessee who chooses to mark
25his or her property using paint, must also comply with one of
26the notice requirements listed in subsection (b). The

 

 

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1Departments may prepare a brochure or may disseminate the
2information through agency websites. Non-governmental
3organizations including, but not limited to, the Illinois
4Forestry Association, Illinois Tree Farm and the Walnut Council
5may help to disseminate the information regarding the
6requirements and applicability of subsection (b-5) based on
7materials provided by the Departments. This subsection (b-10)
8is inoperative on and after January 1, 2013.
9    (b-15) Subsections (b-5) and (b-10) do not apply to real
10property located in a municipality of over 2,000,000
11inhabitants.
12    (c) This Section does not apply to any person, whether a
13migrant worker or otherwise, living on the land with permission
14of the owner or of his or her agent having apparent authority
15to hire workers on this land and assign them living quarters or
16a place of accommodations for living thereon, nor to anyone
17living on the land at the request of, or by occupancy, leasing
18or other agreement or arrangement with the owner or his or her
19agent, nor to anyone invited by the migrant worker or other
20person so living on the land to visit him or her at the place he
21is so living upon the land.
22    (d) A person shall be exempt from prosecution under this
23Section if he or she beautifies unoccupied and abandoned
24residential and industrial properties located within any
25municipality. For the purpose of this subsection, "unoccupied
26and abandoned residential and industrial property" means any

 

 

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1real estate (1) in which the taxes have not been paid for a
2period of at least 2 years; and (2) which has been left
3unoccupied and abandoned for a period of at least one year; and
4"beautifies" means to landscape, clean up litter, or to repair
5dilapidated conditions on or to board up windows and doors.
6    (e) No person shall be liable in any civil action for money
7damages to the owner of unoccupied and abandoned residential
8and industrial property which that person beautifies pursuant
9to subsection (d) of this Section.
10    (e-5) Mortgagee or agent of the mortgagee exceptions.
11        (1) A mortgagee or agent of the mortgagee shall be
12    exempt from prosecution for criminal trespass for
13    entering, securing, or maintaining an abandoned
14    residential property.
15        (2) No mortgagee or agent of the mortgagee shall be
16    liable to the mortgagor or other owner of an abandoned
17    residential property in any civil action for negligence or
18    civil trespass in connection with entering, securing, or
19    maintaining the abandoned residential property.
20        (3) For the purpose of this subsection (e-5) only,
21    "abandoned residential property" means mortgaged real
22    estate that the mortgagee or agent of the mortgagee
23    determines in good faith meets the definition of abandoned
24    residential property set forth in Section 15-1200.5 of
25    Article XV of the Code of Civil Procedure.
26    (f) This Section does not prohibit a person from entering a

 

 

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1building or upon the land of another for emergency purposes.
2For purposes of this subsection (f), "emergency" means a
3condition or circumstance in which an individual is or is
4reasonably believed by the person to be in imminent danger of
5serious bodily harm or in which property is or is reasonably
6believed to be in imminent danger of damage or destruction.
7    (g) Paragraph (3.5) of subsection (a) does not apply to a
8peace officer or other official of a unit of government who
9enters a building or land in the performance of his or her
10official duties.
11    (h) Sentence. A violation of subdivision (a)(1), (a)(2),
12(a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of
13subdivision (a)(4) is a Class A misdemeanor.
14    (i) Civil liability. A person may be liable in any civil
15action for money damages to the owner of the land he or she
16entered upon with a motor vehicle as prohibited under paragraph
17(4) of subsection (a) of this Section. A person may also be
18liable to the owner for court costs and reasonable attorney's
19fees. The measure of damages shall be: (i) the actual damages,
20but not less than $250, if the vehicle is operated in a nature
21preserve or registered area as defined in Sections 3.11 and
223.14 of the Illinois Natural Areas Preservation Act; (ii) twice
23the actual damages if the owner has previously notified the
24person to cease trespassing; or (iii) in any other case, the
25actual damages, but not less than $50. If the person operating
26the vehicle is under the age of 16, the owner of the vehicle

 

 

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1and the parent or legal guardian of the minor are jointly and
2severally liable. For the purposes of this subsection (i):
3        "Land" includes, but is not limited to, land used for
4    crop land, fallow land, orchard, pasture, feed lot, timber
5    land, prairie land, mine spoil nature preserves and
6    registered areas. "Land" does not include driveways or
7    private roadways upon which the owner allows the public to
8    drive.
9        "Owner" means the person who has the right to
10    possession of the land, including the owner, operator or
11    tenant.
12        "Vehicle" has the same meaning as provided under
13    Section 1-217 of the Illinois Vehicle Code.
14    (j) This Section does not apply to the following persons
15while serving process:
16        (1) a person authorized to serve process under Section
17    2-202 of the Code of Civil Procedure; or
18        (2) a special process server appointed by the circuit
19    court.
20(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
2197-813, eff. 7-13-12; 97-1108, eff. 1-1-13.)
 
22    Section 15. The Code of Civil Procedure is amended by
23changing Sections 15-1219, 15-1503, 15-1504, 15-1504.1, and
2415-1508 and by adding Sections 15-1108, 15-1200.5, 15-1200.7,
25and 15-1505.8 as follows:
 

 

 

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1    (735 ILCS 5/15-1108 new)
2    Sec. 15-1108. Declaration of policy relating to abandoned
3residential property. The following findings directly relate
4to the changes made by this amendatory Act of the 97th General
5Assembly. The General Assembly finds that residential mortgage
6foreclosures and the abandoned properties that sometimes
7follow create enormous challenges for Illinois residents,
8local governments, and the courts, reducing neighboring
9property values, reducing the tax base, increasing crime,
10placing neighbors at greater risk of foreclosure, imposing
11additional costs on local governments, and increasing the
12burden on the courts of this State; conversely, maintaining and
13securing abandoned properties stabilizes property values and
14the tax base, decreases crime, reduces the risk of foreclosure
15for nearby properties, thus reducing costs for local
16governments and making a substantial contribution to the
17operation and maintenance of the courts of this State by
18reducing the volume of matters which burden the court system in
19this State. The General Assembly further finds that the average
20foreclosure case for residential property takes close to 2
21years in Illinois; when a property is abandoned, the lengthy
22foreclosure process harms lien-holders, neighbors, and local
23governments, and imposes significant and unnecessary burdens
24on the courts of this State; and an expedited foreclosure
25process for abandoned residential property can also help the

 

 

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1courts of this State by decreasing the volume of foreclosure
2cases and allowing these cases to proceed more efficiently
3through the court system. The General Assembly further finds
4that housing counseling has proven to be an effective way to
5help many homeowners find alternatives to foreclosure; and that
6housing counseling therefore also reduces the volume of matters
7which burden the court system in this State and allows the
8courts to more efficiently handle the burden of foreclosure
9cases.
 
10    (735 ILCS 5/15-1200.5 new)
11    Sec. 15-1200.5. Abandoned residential property. "Abandoned
12residential property" means residential real estate that:
13    (a) either:
14        (1) is not occupied by any mortgagor or lawful occupant
15    as a principal residence; or
16        (2) contains an incomplete structure if the real estate
17    is zoned for residential development, where the structure
18    is empty or otherwise uninhabited and is in need of
19    maintenance, repair, or securing; and
20    (b) with respect to which either:
21        (1) two or more of the following conditions are shown
22    to exist:
23            (A) construction was initiated on the property and
24        was discontinued prior to completion, leaving a
25        building unsuitable for occupancy, and no construction

 

 

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1        has taken place for at least 6 months;
2            (B) multiple windows on the property are boarded up
3        or closed off or are smashed through, broken off, or
4        unhinged, or multiple window panes are broken and
5        unrepaired;
6            (C) doors on the property are smashed through,
7        broken off, unhinged, or continuously unlocked;
8            (D) the property has been stripped of copper or
9        other materials, or interior fixtures to the property
10        have been removed;
11            (E) gas, electrical, or water services to the
12        entire property have been terminated;
13            (F) there exist one or more written statements of
14        the mortgagor or the mortgagor's personal
15        representative or assigns, including documents of
16        conveyance, which indicate a clear intent to abandon
17        the property;
18            (G) law enforcement officials have received at
19        least one report of trespassing or vandalism or other
20        illegal acts being committed at the property in the
21        last 6 months;
22            (H) the property has been declared unfit for
23        occupancy and ordered to remain vacant and unoccupied
24        under an order issued by a municipal or county
25        authority or a court of competent jurisdiction;
26            (I) the local police, fire, or code enforcement

 

 

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1        authority has requested the owner or other interested
2        or authorized party to secure or winterize the property
3        due to the local authority declaring the property to be
4        an imminent danger to the health, safety, and welfare
5        of the public;
6            (J) the property is open and unprotected and in
7        reasonable danger of significant damage due to
8        exposure to the elements, vandalism, or freezing; or
9            (K) there exists other evidence indicating a clear
10        intent to abandon the property; or
11        (2) the real estate is zoned for residential
12    development and is a vacant lot that is in need of
13    maintenance, repair, or securing.
 
14    (735 ILCS 5/15-1200.7 new)
15    Sec. 15-1200.7. Abandoned residential property;
16exceptions. A property shall not be considered abandoned
17residential property if: (i) there is an unoccupied building
18which is undergoing construction, renovation, or
19rehabilitation that is proceeding diligently to completion,
20and the building is in substantial compliance with all
21applicable ordinances, codes, regulations, and laws; (ii)
22there is a building occupied on a seasonal basis, but otherwise
23secure; (iii) there is a secure building on which there are
24bona fide rental or sale signs; (iv) there is a building that
25is secure, but is the subject of a probate action, action to

 

 

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1quiet title, or other ownership dispute; or (v) there is a
2building that is otherwise secure and in substantial compliance
3with all applicable ordinances, codes, regulations, and laws.
 
4    (735 ILCS 5/15-1219)  (from Ch. 110, par. 15-1219)
5    Sec. 15-1219. Residential Real Estate. "Residential real
6estate" means any real estate, except a single tract of
7agricultural real estate consisting of more than 40 acres,
8which is improved with a single family residence or residential
9condominium units or a multiple dwelling structure containing
10single family dwelling units for six or fewer families living
11independently of each other, which residence, or at least one
12of which condominium or dwelling units, is occupied as a
13principal residence either (i) if a mortgagor is an individual,
14by that mortgagor, that mortgagor's spouse or that mortgagor's
15descendants, or (ii) if a mortgagor is a trustee of a trust or
16an executor or administrator of an estate, by a beneficiary of
17that trust or estate or by such beneficiary's spouse or
18descendants or (iii) if a mortgagor is a corporation, by
19persons owning collectively at least 50 percent of the shares
20of voting stock of such corporation or by a spouse or
21descendants of such persons. The use of a portion of
22residential real estate for non-residential purposes shall not
23affect the characterization of such real estate as residential
24real estate. For purposes of the definition of the term
25"abandoned residential property" in Section 15-1200.5 of this

 

 

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1Article, "abandoned residential property" shall not include
2the requirement that the real estate be occupied, or if zoned
3for residential development, improved with a dwelling
4structure.
5(Source: P.A. 85-907.)
 
6    (735 ILCS 5/15-1503)  (from Ch. 110, par. 15-1503)
7    Sec. 15-1503. Notice of Foreclosure.
8    (a) A notice of foreclosure, whether the foreclosure is
9initiated by complaint or counterclaim, made in accordance with
10this Section and recorded in the county in which the mortgaged
11real estate is located shall be constructive notice of the
12pendency of the foreclosure to every person claiming an
13interest in or lien on the mortgaged real estate, whose
14interest or lien has not been recorded prior to the recording
15of such notice of foreclosure. Such notice of foreclosure must
16be executed by any party or any party's attorney and shall
17include (i) the names of all plaintiffs and the case number,
18(ii) the court in which the action was brought, (iii) the names
19of title holders of record, (iv) a legal description of the
20real estate sufficient to identify it with reasonable
21certainty, (v) a common address or description of the location
22of the real estate and (vi) identification of the mortgage
23sought to be foreclosed. An incorrect common address or
24description of the location, or an immaterial error in the
25identification of a plaintiff or title holder of record, shall

 

 

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1not invalidate the lis pendens effect of the notice under this
2Section. A notice which complies with this Section shall be
3deemed to comply with Section 2-1901 of the Code of Civil
4Procedure and shall have the same effect as a notice filed
5pursuant to that Section; however, a notice which complies with
6Section 2-1901 shall not be constructive notice unless it also
7complies with the requirements of this Section.
8    (b) With respect to residential real estate, a copy of the
9notice of foreclosure described in subsection (a) of Section
1015-1503 shall be sent by first class mail, postage prepaid, to
11the municipality within the boundary of which the mortgaged
12real estate is located, or to the county within the boundary of
13which the mortgaged real estate is located if the mortgaged
14real estate is located in an unincorporated territory. A
15municipality or county must clearly publish on its website a
16single address to which such notice shall be sent. If a
17municipality or county does not maintain a website, then the
18municipality or county must publicly post in its main office a
19single address to which such notice shall be sent. In the event
20that a municipality or county has not complied with the
21publication requirement in this subsection (b), then the copy
22of the such notice to the municipality or county shall be sent
23by first class mail, postage prepaid, to the chairperson of the
24county board or county clerk in the case of a county, to the
25mayor or city clerk in the case of a city, to the president of
26the board of trustees or village clerk in the case of a

 

 

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1village, or to the president or town clerk in the case of a
2town provided pursuant to Section 2-211 of the Code of Civil
3Procedure. Additionally, if the real estate is located in a
4city with a population of more than 2,000,000, regardless of
5whether that city has complied with the publication requirement
6in this subsection (b), the party must, within 10 days after
7filing the complaint or counterclaim: (i) send by first class
8mail, postage prepaid, a copy of the notice of foreclosure to
9the alderman for the ward in which the real estate is located
10and (ii) file an affidavit with the court attesting to the fact
11that the notice was sent to the alderman for the ward in which
12the real estate is located. The failure to send a copy of the
13notice to the alderman or to file an affidavit as required
14results in the dismissal without prejudice of the complaint or
15counterclaim on a motion of a party or the court. If, after the
16complaint or counterclaim has been dismissed without
17prejudice, the party refiles the complaint or counterclaim,
18then the party must again comply with the requirements that the
19party send by first class mail, postage prepaid, the notice to
20the alderman for the ward in which the real estate is located
21and file an affidavit attesting to the fact that the notice was
22sent.
23(Source: P.A. 96-856, eff. 3-1-10.)
 
24    (735 ILCS 5/15-1504)  (from Ch. 110, par. 15-1504)
25    Sec. 15-1504. Pleadings and service.

 

 

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1    (a) Form of Complaint. A foreclosure complaint may be in
2substantially the following form:
3        (1) Plaintiff files this complaint to foreclose the
4    mortgage (or other conveyance in the nature of a mortgage)
5    (hereinafter called "mortgage") hereinafter described and
6    joins the following person as defendants: (here insert
7    names of all defendants).
8        (2) Attached as Exhibit "A" is a copy of the mortgage
9    and as Exhibit "B" is a copy of the note secured thereby.
10        (3) Information concerning mortgage:
11            (A) Nature of instrument: (here insert whether a
12        mortgage, trust deed or other instrument in the nature
13        of a mortgage, etc.)
14            (B) Date of mortgage:
15            (C) Name of mortgagor:
16            (D) Name of mortgagee:
17            (E) Date and place of recording:
18            (F) Identification of recording: (here insert book
19        and page number or document number)
20            (G) Interest subject to the mortgage: (here insert
21        whether fee simple, estate for years, undivided
22        interest, etc.)
23            (H) Amount of original indebtedness, including
24        subsequent advances made under the mortgage:
25            (I) Both the legal description of the mortgaged
26        real estate and the common address or other information

 

 

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1        sufficient to identify it with reasonable certainty:
2            (J) Statement as to defaults, including, but not
3        necessarily limited to, date of default, current
4        unpaid principal balance, per diem interest accruing,
5        and any further information concerning the default:
6            (K) Name of present owner of the real estate:
7            (L) Names of other persons who are joined as
8        defendants and whose interest in or lien on the
9        mortgaged real estate is sought to be terminated:
10            (M) Names of defendants claimed to be personally
11        liable for deficiency, if any:
12            (N) Capacity in which plaintiff brings this
13        foreclosure (here indicate whether plaintiff is the
14        legal holder of the indebtedness, a pledgee, an agent,
15        the trustee under a trust deed or otherwise, as
16        appropriate):
17            (O) Facts in support of redemption period shorter
18        than the longer of (i) 7 months from the date the
19        mortgagor or, if more than one, all the mortgagors (I)
20        have been served with summons or by publication or (II)
21        have otherwise submitted to the jurisdiction of the
22        court, or (ii) 3 months from the entry of the judgment
23        of foreclosure, if sought (here indicate whether based
24        upon the real estate not being residential,
25        abandonment, or real estate value less than 90% of
26        amount owed, etc.):

 

 

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1            (P) Statement that the right of redemption has been
2        waived by all owners of redemption, if applicable:
3            (Q) Facts in support of request for attorneys' fees
4        and of costs and expenses, if applicable:
5            (R) Facts in support of a request for appointment
6        of mortgagee in possession or for appointment of
7        receiver, and identity of such receiver, if sought:
8            (S) Offer to mortgagor in accordance with Section
9        15-1402 to accept title to the real estate in
10        satisfaction of all indebtedness and obligations
11        secured by the mortgage without judicial sale, if
12        sought:
13            (T) Name or names of defendants whose right to
14        possess the mortgaged real estate, after the
15        confirmation of a foreclosure sale, is sought to be
16        terminated and, if not elsewhere stated, the facts in
17        support thereof:
 
18
REQUEST FOR RELIEF
19    Plaintiff requests:
20        (i) A judgment of foreclosure and sale.
21        (ii) An order granting a shortened redemption period,
22    if sought.
23        (iii) A personal judgment for a deficiency, if sought.
24        (iv) An order granting possession, if sought.
25        (v) An order placing the mortgagee in possession or

 

 

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1    appointing a receiver, if sought.
2        (vi) A judgment for attorneys' fees, costs and
3    expenses, if sought.
4    (b) Required Information. A foreclosure complaint need
5contain only such statements and requests called for by the
6form set forth in subsection (a) of Section 15-1504 as may be
7appropriate for the relief sought. Such complaint may be filed
8as a counterclaim, may be joined with other counts or may
9include in the same count additional matters or a request for
10any additional relief permitted by Article II of the Code of
11Civil Procedure.
12    (c) Allegations. The statements contained in a complaint in
13the form set forth in subsection (a) of Section 15-1504 are
14deemed and construed to include allegations as follows:
15        (1) that, on the date indicated, the obligor of the
16    indebtedness or other obligations secured by the mortgage
17    was justly indebted in the amount of the indicated original
18    indebtedness to the original mortgagee or payee of the
19    mortgage note;
20        (2) that the exhibits attached are true and correct
21    copies of the mortgage and note and are incorporated and
22    made a part of the complaint by express reference;
23        (3) that the mortgagor was at the date indicated an
24    owner of the interest in the real estate described in the
25    complaint and that as of that date made, executed and
26    delivered the mortgage as security for the note or other

 

 

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1    obligations;
2        (4) that the mortgage was recorded in the county in
3    which the mortgaged real estate is located, on the date
4    indicated, in the book and page or as the document number
5    indicated;
6        (5) that defaults occurred as indicated;
7        (6) that at the time of the filing of the complaint the
8    persons named as present owners are the owners of the
9    indicated interests in and to the real estate described;
10        (7) that the mortgage constitutes a valid, prior and
11    paramount lien upon the indicated interest in the mortgaged
12    real estate, which lien is prior and superior to the right,
13    title, interest, claim or lien of all parties and nonrecord
14    claimants whose interests in the mortgaged real estate are
15    sought to be terminated;
16        (8) that by reason of the defaults alleged, if the
17    indebtedness has not matured by its terms, the same has
18    become due by the exercise, by the plaintiff or other
19    persons having such power, of a right or power to declare
20    immediately due and payable the whole of all indebtedness
21    secured by the mortgage;
22        (9) that any and all notices of default or election to
23    declare the indebtedness due and payable or other notices
24    required to be given have been duly and properly given;
25        (10) that any and all periods of grace or other period
26    of time allowed for the performance of the covenants or

 

 

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1    conditions claimed to be breached or for the curing of any
2    breaches have expired;
3        (11) that the amounts indicated in the statement in the
4    complaint are correctly stated and if such statement
5    indicates any advances made or to be made by the plaintiff
6    or owner of the mortgage indebtedness, that such advances
7    were, in fact, made or will be required to be made, and
8    under and by virtue of the mortgage the same constitute
9    additional indebtedness secured by the mortgage; and
10        (12) that, upon confirmation of the sale, the holder of
11    the certificate of sale or deed issued pursuant to that
12    certificate or, if no certificate or deed was issued, the
13    purchaser at the sale will be entitled to full possession
14    of the mortgaged real estate against the parties named in
15    clause (T) of paragraph (3) of subsection (a) of Section
16    15-1504 or elsewhere to the same effect; the omission of
17    any party indicates that plaintiff will not seek a
18    possessory order in the order confirming sale unless the
19    request is subsequently made under subsection (h) of
20    Section 15-1701 or by separate action under Article 9 of
21    this Code.
22    (d) Request for Fees and Costs. A statement in the
23complaint that plaintiff seeks the inclusion of attorneys' fees
24and of costs and expenses shall be deemed and construed to
25include allegations that:
26        (1) plaintiff has been compelled to employ and retain

 

 

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1    attorneys to prepare and file the complaint and to
2    represent and advise the plaintiff in the foreclosure of
3    the mortgage and the plaintiff will thereby become liable
4    for the usual, reasonable and customary fees of the
5    attorneys in that behalf;
6        (2) that the plaintiff has been compelled to advance or
7    will be compelled to advance, various sums of money in
8    payment of costs, fees, expenses and disbursements
9    incurred in connection with the foreclosure, including,
10    without limiting the generality of the foregoing, filing
11    fees, stenographer's fees, witness fees, costs of
12    publication, costs of procuring and preparing documentary
13    evidence and costs of procuring abstracts of title, Torrens
14    certificates, foreclosure minutes and a title insurance
15    policy;
16        (3) that under the terms of the mortgage, all such
17    advances, costs, attorneys' fees and other fees, expenses
18    and disbursements are made a lien upon the mortgaged real
19    estate and the plaintiff is entitled to recover all such
20    advances, costs, attorneys' fees, expenses and
21    disbursements, together with interest on all advances at
22    the rate provided in the mortgage, or, if no rate is
23    provided therein, at the statutory judgment rate, from the
24    date on which such advances are made;
25        (4) that in order to protect the lien of the mortgage,
26    it may become necessary for plaintiff to pay taxes and

 

 

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1    assessments which have been or may be levied upon the
2    mortgaged real estate;
3        (5) that in order to protect and preserve the mortgaged
4    real estate, it may also become necessary for the plaintiff
5    to pay liability (protecting mortgagor and mortgagee),
6    fire and other hazard insurance premiums on the mortgaged
7    real estate, make such repairs to the mortgaged real estate
8    as may reasonably be deemed necessary for the proper
9    preservation thereof, advance for costs to inspect the
10    mortgaged real estate or to appraise it, or both, and
11    advance for premiums for pre-existing private or
12    governmental mortgage insurance to the extent required
13    after a foreclosure is commenced in order to keep such
14    insurance in force; and
15        (6) that under the terms of the mortgage, any money so
16    paid or expended will become an additional indebtedness
17    secured by the mortgage and will bear interest from the
18    date such monies are advanced at the rate provided in the
19    mortgage, or, if no rate is provided, at the statutory
20    judgment rate.
21    (e) Request for Foreclosure. The request for foreclosure is
22deemed and construed to mean that the plaintiff requests that:
23        (1) an accounting may be taken under the direction of
24    the court of the amounts due and owing to the plaintiff;
25        (2) that the defendants be ordered to pay to the
26    plaintiff before expiration of any redemption period (or,

 

 

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1    if no redemption period, before a short date fixed by the
2    court) whatever sums may appear to be due upon the taking
3    of such account, together with attorneys' fees and costs of
4    the proceedings (to the extent provided in the mortgage or
5    by law);
6        (3) that in default of such payment in accordance with
7    the judgment, the mortgaged real estate be sold as directed
8    by the court, to satisfy the amount due to the plaintiff as
9    set forth in the judgment, together with the interest
10    thereon at the statutory judgment rate from the date of the
11    judgment;
12        (4) that in the event the plaintiff is a purchaser of
13    the mortgaged real estate at such sale, the plaintiff may
14    offset against the purchase price of such real estate the
15    amounts due under the judgment of foreclosure and order
16    confirming the sale;
17        (5) that in the event of such sale and the failure of
18    any person entitled thereto to redeem prior to such sale
19    pursuant to this Article, the defendants made parties to
20    the foreclosure in accordance with this Article, and all
21    nonrecord claimants given notice of the foreclosure in
22    accordance with this Article, and all persons claiming by,
23    through or under them, and each and any and all of them,
24    may be forever barred and foreclosed of any right, title,
25    interest, claim, lien, or right to redeem in and to the
26    mortgaged real estate; and

 

 

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1        (6) that if no redemption is made prior to such sale, a
2    deed may be issued to the purchaser thereat according to
3    law and such purchaser be let into possession of the
4    mortgaged real estate in accordance with Part 17 of this
5    Article.
6    (f) Request for Deficiency Judgment. A request for a
7personal judgment for a deficiency in a foreclosure complaint
8if the sale of the mortgaged real estate fails to produce a
9sufficient amount to pay the amount found due, the plaintiff
10may have a personal judgment against any party in the
11foreclosure indicated as being personally liable therefor and
12the enforcement thereof be had as provided by law.
13    (g) Request for Possession or Receiver. A request for
14possession or appointment of a receiver has the meaning as
15stated in subsection (b) of Section 15-1706.
16    (h) Answers by Parties. Any party may assert its interest
17by counterclaim and such counterclaim may at the option of that
18party stand in lieu of answer to the complaint for foreclosure
19and all counter complaints previously or thereafter filed in
20the foreclosure. Any such counterclaim shall be deemed to
21constitute a statement that the counter claimant does not have
22sufficient knowledge to form a belief as to the truth or
23falsity of the allegations of the complaint and all other
24counterclaims, except to the extent that the counterclaim
25admits or specifically denies such allegations.
26(Source: P.A. 91-357, eff. 7-29-99; revised 8-3-12.)
 

 

 

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1    (735 ILCS 5/15-1504.1)
2    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
3Program Fund and Abandoned Residential Property Municipality
4Relief Fund.
5    (a) Fee paid by all plaintiffs with respect to residential
6real estate. With respect to residential real estate, at the
7time of the filing of a foreclosure complaint, the plaintiff
8shall pay to the clerk of the court in which the foreclosure
9complaint is filed a fee of $50 for deposit into the
10Foreclosure Prevention Program Fund, a special fund created in
11the State treasury. The clerk shall remit the fee collected
12pursuant to this subsection (a) to the State Treasurer as
13provided in this Section to be expended for the purposes set
14forth in Section 7.30 of the Illinois Housing Development Act.
15All fees paid by plaintiffs to the clerk of the court as
16provided in this subsection (a) Section shall be disbursed
17within 60 days after receipt by the clerk of the court as
18follows: (i) 98% to the State Treasurer for deposit into the
19Foreclosure Prevention Program Fund, and (ii) 2% to the clerk
20of the court for administrative expenses related to
21implementation of this subsection (a) Section. Notwithstanding
22any other law to the contrary, the Foreclosure Prevention
23Program Fund is not subject to sweeps, administrative
24charge-backs, or any other fiscal maneuver that would in any
25way transfer any amounts from the Foreclosure Prevention

 

 

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1Program Fund into any other fund of the State.
2    (a-5) Additional fee paid by plaintiffs with respect to
3residential real estate.
4        (1) Until January 1, 2018, with respect to residential
5    real estate, at the time of the filing of a foreclosure
6    complaint and in addition to the fee set forth in
7    subsection (a) of this Section, the plaintiff shall pay to
8    the clerk of the court in which the foreclosure complaint
9    is filed a fee for the Foreclosure Prevention Program Fund
10    and the Abandoned Residential Property Municipality Relief
11    Fund as follows:
12            (A) The fee shall be $500 if:
13                (i) the plaintiff, together with its
14            affiliates, has filed a sufficient number of
15            foreclosure complaints so as to be included in the
16            first tier foreclosure filing category and is
17            filing the complaint on its own behalf as the
18            holder of the indebtedness; or
19                (ii) the plaintiff, together with its
20            affiliates, has filed a sufficient number of
21            foreclosure complaints so as to be included in the
22            first tier foreclosure filing category and is
23            filing the complaint on behalf of a mortgagee that,
24            together with its affiliates, has filed a
25            sufficient number of foreclosure complaints so as
26            to be included in the first tier foreclosure filing

 

 

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1            category; or
2                (iii) the plaintiff is not a depository
3            institution and is filing the complaint on behalf
4            of a mortgagee that, together with its affiliates,
5            has filed a sufficient number of foreclosure
6            complaints so as to be included in the first tier
7            foreclosure filing category.
8            (B) The fee shall be $250 if:
9                (i) the plaintiff, together with its
10            affiliates, has filed a sufficient number of
11            foreclosure complaints so as to be included in the
12            second tier foreclosure filing category and is
13            filing the complaint on its own behalf as the
14            holder of the indebtedness; or
15                (ii) the plaintiff, together with its
16            affiliates, has filed a sufficient number of
17            foreclosure complaints so as to be included in the
18            first or second tier foreclosure filing category
19            and is filing the complaint on behalf of a
20            mortgagee that, together with its affiliates, has
21            filed a sufficient number of foreclosure
22            complaints so as to be included in the second tier
23            foreclosure filing category; or
24                (iii) the plaintiff, together with its
25            affiliates, has filed a sufficient number of
26            foreclosure complaints so as to be included in the

 

 

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

 

 

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

 

 

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1        (2) The clerk shall remit the fee collected pursuant to
2    paragraph (1) of this subsection (a-5) to the State
3    Treasurer to be expended for the purposes set forth in
4    Sections 7.30 and 7.31 of the Illinois Housing Development
5    Act and for administrative expenses. All fees paid by
6    plaintiffs to the clerk of the court as provided in
7    paragraph (1) shall be disbursed within 60 days after
8    receipt by the clerk of the court as follows:
9            (A) 28% to the State Treasurer for deposit into the
10        Foreclosure Prevention Program Fund;
11            (B) 70% to the State Treasurer for deposit into the
12        Abandoned Residential Property Municipality Relief
13        Fund; and
14            (C) 2% to the clerk of the court for administrative
15        expenses related to implementation of this subsection
16        (a-5).
17        (3) To determine whether a plaintiff is subject to the
18    fee as set forth in paragraph (1) of this subsection (a-5),
19    a person, including the clerk of the court, may rely on:
20            (A) a verified statement filed by the plaintiff at
21        the time of filing the foreclosure complaint that
22        states whether the plaintiff has an obligation to pay
23        an additional fee as set forth in subsection (a-5) and
24        if so whether the fee is due under subparagraph (A),
25        (B), or (C) of paragraph (1) of subsection (a-5); or
26            (B) such other processes established by the clerk

 

 

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1        of the court for plaintiffs to certify their
2        eligibility for the exemption from the additional fee
3        set forth in subsection (a-5).
4        (4) This subsection (a-5) is inoperative on and after
5    January 1, 2018.
6    (b) Not later than March 1 of each year, the clerk of the
7court shall submit to the Illinois Housing Development
8Authority a report of the funds collected and remitted pursuant
9to this Section during the preceding year.
10    (c) As used in this Section:
11    "Affiliate" means any company that controls, is controlled
12by, or is under common control with another company.
13    "Approved counseling agency" and "approved housing
14counseling" have the meanings ascribed to those terms in
15Section 7.30 of the Illinois Housing Development Act.
16    "Depository institution" means a bank, savings bank,
17savings and loan association, or credit union chartered,
18organized, or holding a certificate of authority to do business
19under the laws of this State, another state, or the United
20States.
21    "First tier foreclosure filing category" is a
22classification that only applies to a plaintiff that has filed
23175 or more foreclosure complaints on residential real estate
24located in Illinois during the calendar year immediately
25preceding the date of the filing of the subject foreclosure
26complaint.

 

 

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1    "Second tier foreclosure filing category" is a
2classification that only applies to a plaintiff that has filed
3at least 50, but no more than 174, foreclosure complaints on
4residential real estate located in Illinois during the calendar
5year immediately preceding the date of the filing of the
6subject foreclosure complaint.
7    "Third tier foreclosure filing category" is a
8classification that only applies to a plaintiff that has filed
9no more than 49 foreclosure complaints on residential real
10estate located in Illinois during the calendar year immediately
11preceding the date of the filing of the subject foreclosure
12complaint.
13    (d) In no instance shall the fee set forth in subsection
14(a-5) be assessed for any foreclosure complaint filed before
15the effective date of this amendatory Act of the 97th General
16Assembly.
17    (e) Notwithstanding any other law to the contrary, the
18Abandoned Residential Property Municipality Relief Fund is not
19subject to sweeps, administrative charge-backs, or any other
20fiscal maneuver that would in any way transfer any amounts from
21the Abandoned Residential Property Municipality Relief Fund
22into any other fund of the State.
23(Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11.)
 
24    (735 ILCS 5/15-1505.8 new)
25    Sec. 15-1505.8. Expedited judgment and sale procedure for

 

 

SB0016 Enrolled- 41 -LRB097 06631 KTG 46716 b

1abandoned residential property.
2    (a) Upon motion and notice, the mortgagee may elect to
3utilize the expedited judgment and sale procedure for abandoned
4residential property stated in this Section to obtain a
5judgment of foreclosure pursuant to Section 15-1506. The motion
6to expedite the judgment and sale may be combined with or made
7part of the motion requesting a judgment of foreclosure. The
8notice of the motion to expedite the judgment and sale shall be
9sent by first-class mail to the last known address of the
10mortgagor, and the notice required by paragraph (1) of
11subsection (l) of this Section shall be posted at the property
12address.
13    (b) The motion requesting an expedited judgment of
14foreclosure and sale may be filed by the mortgagee at the time
15the foreclosure complaint is filed or any time thereafter, and
16shall set forth the facts demonstrating that the mortgaged real
17estate is abandoned residential real estate under Section
1815-1200.5 and shall be supported by affidavit.
19    (c) If a motion for an expedited judgment and sale is filed
20at the time the foreclosure complaint is filed or before the
21period to answer the foreclosure complaint has expired, the
22motion shall be heard by the court no earlier than before the
23period to answer the foreclosure complaint has expired and no
24later than 15 days after the period to answer the foreclosure
25complaint has expired.
26    (d) If a motion for an expedited judgment and sale is filed

 

 

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1after the period to answer the foreclosure complaint has
2expired, the motion shall be heard no later than 15 days after
3the motion is filed.
4    (e) The hearing shall be given priority by the court and
5shall be scheduled to be heard within the applicable time
6period set forth in subsection (c) or (d) of this Section.
7    (f) Subject to subsection (g), at the hearing on the motion
8requesting an expedited judgment and sale, if the court finds
9that the mortgaged real estate is abandoned residential
10property, the court shall grant the motion and immediately
11proceed to a trial of the foreclosure. A judgment of
12foreclosure under this Section shall include the matters
13identified in Section 15-1506.
14    (g) The court may not grant the motion requesting an
15expedited judgment and sale if the mortgagor, an unknown owner,
16or a lawful occupant appears in the action in any manner before
17or at the hearing and objects to a finding of abandonment.
18    (h) The court shall vacate an order issued pursuant to
19subsection (f) of this Section if the mortgagor or a lawful
20occupant appears in the action at any time prior to the court
21issuing an order confirming the sale pursuant to subsection
22(b-3) of Section 15-1508 and presents evidence establishing to
23the satisfaction of the court that the mortgagor or lawful
24occupant has not abandoned the mortgaged real estate.
25    (i) The reinstatement period and redemption period for the
26abandoned residential property shall end in accordance with

 

 

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1paragraph (4) of subsection (b) of Section 15-1603, and the
2abandoned residential property shall be sold at the earliest
3practicable time at a sale as provided in this Article.
4    (j) The mortgagee or its agent may enter, secure, and
5maintain abandoned residential property subject to subsection
6(e-5) of Section 21-3 of the Criminal Code of 2012.
7    (k) Personal property.
8        (1) Upon confirmation of the sale held pursuant to
9    Section 15-1507, any personal property remaining in or upon
10    the abandoned residential property shall be deemed to have
11    been abandoned by the owner of such personal property and
12    may be disposed of or donated by the holder of the
13    certificate of sale (or, if none, by the purchaser at the
14    sale). In the event of donation of any such personal
15    property, the holder of the certificate of sale (or, if
16    none, the purchaser at the sale) may transfer such donated
17    property with a bill of sale. No mortgagee or its
18    successors or assigns, holder of a certificate of sale, or
19    purchaser at the sale shall be liable for any such disposal
20    or donation of personal property.
21        (2) Notwithstanding paragraph (1) of this subsection
22    (k), in the event a lawful occupant is in possession of the
23    mortgaged real estate who has not been made a party to the
24    foreclosure and had his or her interests terminated
25    therein, any personal property of the lawful occupant shall
26    not be deemed to have been abandoned, nor shall the rights

 

 

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1    of the lawful occupant to any personal property be
2    affected.
3    (l) Notices to be posted at property address.
4        (1) The notice set out in this paragraph (1) of this
5    subsection (l) shall be conspicuously posted at the
6    property address at least 14 days before the hearing on the
7    motion requesting an expedited judgment and sale and shall
8    be in boldface, in at least 12 point type, and in
9    substantially the following form:
 
10
"NOTICE TO ANY TENANT OR OTHER LAWFUL
11
OCCUPANT OF THIS PROPERTY

 
12A lawsuit has been filed to foreclose on this property, and the
13party asking to foreclose on this property has asked a judge to
14find that THIS PROPERTY IS ABANDONED.
 
15The judge will be holding a hearing to decide whether this
16property is ABANDONED.
 
17IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
18CHOOSE TO GO TO THIS HEARING and explain to the judge how you
19are a lawful occupant of this property.
 
20If the judge is satisfied that you are a LAWFUL OCCUPANT of
21this property, the court will find that this property is NOT

 

 

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1ABANDONED.
 
2This hearing will be held in the courthouse at the following
3address, date, and time:
 
4Court name:..................................................
5Court address:...............................................
6Court room number where hearing will be held:................
7(There should be a person in this room called a CLERK who can
8help you. Make sure you know THIS PROPERTY'S ADDRESS.)
9Date of hearing:.............................................
10Time of hearing:.............................................
 
11
MORE INFORMATION

 
12Name of lawsuit:.............................................
13Number of lawsuit:...........................................
14Address of this property:....................................
 
15
IMPORTANT

 
16This is NOT a notice to vacate the premises. You may wish to
17contact a lawyer or your local legal aid or housing counseling
18agency to discuss any rights that you may have.
 
19
WARNING

 

 

 

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1INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
2STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
3UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
4LAW. 720 ILCS 5/21-3(a).
 
5
NO TRESPASSING

 
6KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
7CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
8FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).".
9        (2) The notice set out in this paragraph (2) of this
10    subsection (l) shall be conspicuously posted at the
11    property address at least 14 days before the hearing to
12    confirm the sale of the abandoned residential property and
13    shall be in boldface, in at least 12 point type, and in
14    substantially the following form:
 
15
"NOTICE TO ANY TENANT OR OTHER LAWFUL
16
OCCUPANT OF THIS PROPERTY

 
17A lawsuit has been filed to foreclose on this property, and the
18judge has found that THIS PROPERTY IS ABANDONED. As a result,
19THIS PROPERTY HAS BEEN OR WILL BE SOLD.
 
20HOWEVER, there still must be a hearing for the judge to approve

 

 

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1the sale. The judge will NOT APPROVE this sale if the judge
2finds that any person lawfully occupies any part of this
3property.
 
4IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
5CHOOSE TO GO TO THIS HEARING and explain to the judge how you
6are a lawful occupant of this property. You also may appear
7BEFORE this hearing and explain to the judge how you are a
8lawful occupant of this property.
 
9If the judge is satisfied that you are a LAWFUL OCCUPANT of
10this property, the court will find that this property is NOT
11ABANDONED, and there will be no sale of the property at this
12time.
 
13This hearing will be held in the courthouse at the following
14address, date, and time:
 
15Court name:..................................................
16Court address:...............................................
17Court room number where hearing will be held:................
18(There should be a person in this room called a CLERK who can
19help you. Make sure you know THIS PROPERTY'S ADDRESS.)
20Date of hearing:.............................................
21Time of hearing:.............................................
 

 

 

SB0016 Enrolled- 48 -LRB097 06631 KTG 46716 b

1
MORE INFORMATION

 
2Name of lawsuit:.............................................
3Number of lawsuit:...........................................
4Address of this property:....................................
 
5
IMPORTANT

 
6This is NOT a notice to vacate the premises. You may wish to
7contact a lawyer or your local legal aid or housing counseling
8agency to discuss any rights that you may have.
 
9
WARNING

 
10INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
11STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
12UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
13LAW. 720 ILCS 5/21-3(a).
 
14
NO TRESPASSING

 
15KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
16CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
17FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
 
18    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)

 

 

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1    Sec. 15-1508. Report of Sale and Confirmation of Sale.
2    (a) Report. The person conducting the sale shall promptly
3make a report to the court, which report shall include a copy
4of all receipts and, if any, certificate of sale.
5    (b) Hearing. Upon motion and notice in accordance with
6court rules applicable to motions generally, which motion shall
7not be made prior to sale, the court shall conduct a hearing to
8confirm the sale. Unless the court finds that (i) a notice
9required in accordance with subsection (c) of Section 15-1507
10was not given, (ii) the terms of sale were unconscionable,
11(iii) the sale was conducted fraudulently, or (iv) justice was
12otherwise not done, the court shall then enter an order
13confirming the sale. The confirmation order shall include a
14name, address, and telephone number of the holder of the
15certificate of sale or deed issued pursuant to that certificate
16or, if no certificate or deed was issued, the purchaser, whom a
17municipality or county may contact with concerns about the real
18estate. The confirmation order may also:
19        (1) approve the mortgagee's fees and costs arising
20    between the entry of the judgment of foreclosure and the
21    confirmation hearing, those costs and fees to be allowable
22    to the same extent as provided in the note and mortgage and
23    in Section 15-1504;
24        (2) provide for a personal judgment against any party
25    for a deficiency; and
26        (3) determine the priority of the judgments of parties

 

 

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1    who deferred proving the priority pursuant to subsection
2    (h) of Section 15-1506, but the court shall not defer
3    confirming the sale pending the determination of such
4    priority.
5    (b-3) Hearing to confirm sale of abandoned residential
6property. Upon motion and notice by first-class mail to the
7last known address of the mortgagor, which motion shall be made
8prior to the sale and heard by the court at the earliest
9practicable time after conclusion of the sale, and upon the
10posting at the property address of the notice required by
11paragraph (2) of subsection (l) of Section 15-1505.8, the court
12shall enter an order confirming the sale of the abandoned
13residential property, unless the court finds that a reason set
14forth in items (i) through (iv) of subsection (b) of this
15Section exists for not approving the sale, or an order is
16entered pursuant to subsection (h) of Section 15-1505.8. The
17confirmation order also may address the matters identified in
18items (1) through (3) of subsection (b) of this Section. The
19notice required under subsection (b-5) of this Section shall
20not be required.
21    (b-5) Notice with respect to residential real estate. With
22respect to residential real estate, the notice required under
23subsection (b) of this Section shall be sent to the mortgagor
24even if the mortgagor has previously been held in default. In
25the event the mortgagor has filed an appearance, the notice
26shall be sent to the address indicated on the appearance. In

 

 

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1all other cases, the notice shall be sent to the mortgagor at
2the common address of the foreclosed property. The notice shall
3be sent by first class mail. Unless the right to possession has
4been previously terminated by the court, the notice shall
5include the following language in 12-point boldface
6capitalized type:
7
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
8
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
9
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
10
ILLINOIS MORTGAGE FORECLOSURE LAW.
11    (b-10) Notice of confirmation order sent to municipality or
12county. A copy of the confirmation order required under
13subsection (b) shall be sent to the municipality in which the
14foreclosed property is located, or to the county within the
15boundary of which the foreclosed property is located if the
16foreclosed property is located in an unincorporated territory.
17A municipality or county must clearly publish on its website a
18single address to which a copy of the order such notice shall
19be sent. If a municipality or county does not maintain a
20website, then the municipality or county must publicly post in
21its main office a single address to which a copy of the order
22such notice shall be sent. In the event that a municipality or
23county has not complied with the publication requirement in
24this subsection (b-10), then a copy of the order such notice to
25the municipality or county shall be sent by first class mail,
26postage prepaid, to the chairperson of the county board or

 

 

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1county clerk in the case of a county, to the mayor or city
2clerk in the case of a city, to the president of the board of
3trustees or village clerk in the case of a village, or to the
4president or town clerk in the case of a town provided pursuant
5to Section 2-211 of the Code of Civil Procedure.
6    (b-15) Notice of confirmation order sent to known insurers.
7With respect to residential real estate, the party filing the
8complaint shall send a copy of the confirmation order required
9under subsection (b) by first class mail, postage prepaid, to
10the last known property insurer of the foreclosed property.
11Failure to send or receive a copy of the order shall not impair
12or abrogate in any way the rights of the mortgagee or purchaser
13or affect the status of the foreclosure proceedings.
14    (c) Failure to Give Notice. If any sale is held without
15compliance with subsection (c) of Section 15-1507 of this
16Article, any party entitled to the notice provided for in
17paragraph (3) of that subsection (c) who was not so notified
18may, by motion supported by affidavit made prior to
19confirmation of such sale, ask the court which entered the
20judgment to set aside the sale. Any such party shall guarantee
21or secure by bond a bid equal to the successful bid at the
22prior sale, unless the party seeking to set aside the sale is
23the mortgagor, the real estate sold at the sale is residential
24real estate, and the mortgagor occupies the residential real
25estate at the time the motion is filed. In that event, no
26guarantee or bond shall be required of the mortgagor. Any

 

 

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1subsequent sale is subject to the same notice requirement as
2the original sale.
3    (d) Validity of Sale. Except as provided in subsection (c)
4of Section 15-1508, no sale under this Article shall be held
5invalid or be set aside because of any defect in the notice
6thereof or in the publication of the same, or in the
7proceedings of the officer conducting the sale, except upon
8good cause shown in a hearing pursuant to subsection (b) of
9Section 15-1508. At any time after a sale has occurred, any
10party entitled to notice under paragraph (3) of subsection (c)
11of Section 15-1507 may recover from the mortgagee any damages
12caused by the mortgagee's failure to comply with such paragraph
13(3). Any party who recovers damages in a judicial proceeding
14brought under this subsection may also recover from the
15mortgagee the reasonable expenses of litigation, including
16reasonable attorney's fees.
17    (d-5) Making Home Affordable Program. The court that
18entered the judgment shall set aside a sale held pursuant to
19Section 15-1507, upon motion of the mortgagor at any time prior
20to the confirmation of the sale, if the mortgagor proves by a
21preponderance of the evidence that (i) the mortgagor has
22applied for assistance under the Making Home Affordable Program
23established by the United States Department of the Treasury
24pursuant to the Emergency Economic Stabilization Act of 2008,
25as amended by the American Recovery and Reinvestment Act of
262009, and (ii) the mortgaged real estate was sold in material

 

 

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1violation of the program's requirements for proceeding to a
2judicial sale. The provisions of this subsection (d-5), except
3for this sentence, shall become inoperative on January 1, 2013
4for all actions filed under this Article after December 31,
52012, in which the mortgagor did not apply for assistance under
6the Making Home Affordable Program on or before December 31,
72012.
8    (e) Deficiency Judgment. In any order confirming a sale
9pursuant to the judgment of foreclosure, the court shall also
10enter a personal judgment for deficiency against any party (i)
11if otherwise authorized and (ii) to the extent requested in the
12complaint and proven upon presentation of the report of sale in
13accordance with Section 15-1508. Except as otherwise provided
14in this Article, a judgment may be entered for any balance of
15money that may be found due to the plaintiff, over and above
16the proceeds of the sale or sales, and enforcement may be had
17for the collection of such balance, the same as when the
18judgment is solely for the payment of money. Such judgment may
19be entered, or enforcement had, only in cases where personal
20service has been had upon the persons personally liable for the
21mortgage indebtedness, unless they have entered their
22appearance in the foreclosure action.
23    (f) Satisfaction. Upon confirmation of the sale, the
24judgment stands satisfied to the extent of the sale price less
25expenses and costs. If the order confirming the sale includes a
26deficiency judgment, the judgment shall become a lien in the

 

 

SB0016 Enrolled- 55 -LRB097 06631 KTG 46716 b

1manner of any other judgment for the payment of money.
2    (g) The order confirming the sale shall include,
3notwithstanding any previous orders awarding possession during
4the pendency of the foreclosure, an award to the purchaser of
5possession of the mortgaged real estate, as of the date 30 days
6after the entry of the order, against the parties to the
7foreclosure whose interests have been terminated.
8    An order of possession authorizing the removal of a person
9from possession of the mortgaged real estate shall be entered
10and enforced only against those persons personally named as
11individuals in the complaint or the petition under subsection
12(h) of Section 15-1701 and in the order of possession and shall
13not be entered and enforced against any person who is only
14generically described as an unknown owner or nonrecord claimant
15or by another generic designation in the complaint.
16    Notwithstanding the preceding paragraph, the failure to
17personally name, include, or seek an award of possession of the
18mortgaged real estate against a person in the confirmation
19order shall not abrogate any right that the purchaser may have
20to possession of the mortgaged real estate and to maintain a
21proceeding against that person for possession under Article 9
22of this Code or subsection (h) of Section 15-1701; and
23possession against a person who (1) has not been personally
24named as a party to the foreclosure and (2) has not been
25provided an opportunity to be heard in the foreclosure
26proceeding may be sought only by maintaining a proceeding under

 

 

SB0016 Enrolled- 56 -LRB097 06631 KTG 46716 b

1Article 9 of this Code or subsection (h) of Section 15-1701.
2    (h) With respect to mortgaged real estate containing 5 or
3more dwelling units, the order confirming the sale shall also
4provide that (i) the mortgagor shall transfer to the purchaser
5the security deposits, if any, that the mortgagor received to
6secure payment of rent or to compensate for damage to the
7mortgaged real estate from any current occupant of a dwelling
8unit of the mortgaged real estate, as well as any statutory
9interest that has not been paid to the occupant, and (ii) the
10mortgagor shall provide an accounting of the security deposits
11that are transferred, including the name and address of each
12occupant for whom the mortgagor holds the deposit and the
13amount of the deposit and any statutory interest.
14(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
1596-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
168-26-11.)
 
17    Section 20. The Conveyances Act is amended by changing
18Section 11 as follows:
 
19    (765 ILCS 5/11)  (from Ch. 30, par. 10)
20    Sec. 11. (a) Mortgages of lands may be substantially in the
21following form:
22    The Mortgagor (here insert name or names), mortgages and
23warrants to (here insert name or names of mortgagee or
24mortgagees), to secure the payment of (here recite the nature

 

 

SB0016 Enrolled- 57 -LRB097 06631 KTG 46716 b

1and amount of indebtedness, showing when due and the rate of
2interest, and whether secured by note or otherwise), the
3following described real estate (here insert description
4thereof), situated in the County of ...., in the State of
5Illinois.
6    Dated (insert date).
7
(signature of mortgagor or mortgagors)

 
8    The names of the parties shall be typed or printed below
9the signatures. Such form shall have a blank space of 3 1/2
10inches by 3 1/2 inches for use by the recorder. However, the
11failure to comply with the requirement that the names of the
12parties be typed or printed below the signatures and that the
13form have a blank space of 3 1/2 inches by 3 1/2 inches for use
14by the recorder shall not affect the validity and effect of
15such form.
16    Such mortgage, when otherwise properly executed, shall be
17deemed and held a good and sufficient mortgage in fee to secure
18the payment of the moneys therein specified; and if the same
19contains the words "and warrants," the same shall be construed
20the same as if full covenants of ownership, good right to
21convey against incumbrances of quiet enjoyment and general
22warranty, as expressed in Section 9 of this Act were fully
23written therein; but if the words "and warrants" are omitted,
24no such covenants shall be implied. When the grantor or
25grantors in such deed or mortgage for the conveyance of any

 

 

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1real estate desires to release or waive his, her or their
2homestead rights therein, they or either of them may release or
3waive the same by inserting in the form of deed or mortgage (as
4the case may be), provided in Sections 9, 10 and 11, after the
5words "State of Illinois," in substance the following words,
6"hereby releasing and waiving all rights under and by virtue of
7the homestead exemption laws of this State."
8    Mortgages securing "reverse mortgage" loans shall be
9subject to this Section except where requirements concerning
10the definiteness of the term and amount of indebtedness
11provisions of a mortgage would be inconsistent with the Acts
12authorizing "reverse mortgage" loans, or rules and regulations
13promulgated under those Acts.
14    Mortgages securing "revolving credit" loans shall be
15subject to this Section.
16    (b) The provisions of subsection (a) regarding the form of
17a mortgage are, and have always been, permissive and not
18mandatory. Accordingly, the failure of an otherwise lawfully
19executed and recorded mortgage to be in the form described in
20subsection (a) in one or more respects, including the failure
21to state the interest rate or the maturity date, or both, shall
22not affect the validity or priority of the mortgage, nor shall
23its recordation be ineffective for notice purposes regardless
24of when the mortgage was recorded.
25(Source: P.A. 91-357, eff. 7-29-99.)
 
26    Section 99. Effective date. This Act takes effect June 1,

 

 

SB0016 Enrolled- 59 -LRB097 06631 KTG 46716 b

12013.