Illinois General Assembly - Full Text of SB0016
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Full Text of SB0016  97th General Assembly


Rep. Karen A. Yarbrough

Filed: 5/24/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 16 by replacing
3everything after the enacting clause with the following:
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-20-15 and 11-20-15.1 and by adding Section
611-20-17 as follows:
7    (65 ILCS 5/11-20-15)
8    Sec. 11-20-15. Lien for removal costs.
9    (a) If the municipality incurs a removal cost under Section
1011-20-7, 11-20-8, 11-20-12, or 11-20-13, or 11-20-17 with
11respect to any underlying parcel, then that cost is a lien upon
12that underlying parcel. This lien is superior to all other
13liens and encumbrances, except tax liens and as otherwise
14provided in subsection (c) of this Section.
15    (b) To perfect a lien under this Section, the municipality
16must, within one year after the removal cost is incurred, file



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1notice of lien in the office of the recorder in the county in
2which the underlying parcel is located or, if the underlying
3parcel is registered under the Torrens system, in the office of
4the Registrar of Titles of that county. The notice must consist
5of a sworn statement setting out:
6        (1) a description of the underlying parcel that
7    sufficiently identifies the parcel;
8        (2) the amount of the removal cost; and
9        (3) the date or dates when the removal cost was
10    incurred by the municipality.
11    If, for any one parcel, the municipality engaged in any
12removal activity on more than one occasion during the course of
13one year, then the municipality may combine any or all of the
14costs of each of those activities into a single notice of lien.
15    (c) A lien under this Section is not valid as to: (i) any
16purchaser whose rights in and to the underlying parcel arose
17after the removal activity but before the filing of the notice
18of lien; or (ii) any mortgagee, judgment creditor, or other
19lienor whose rights in and to the underlying parcel arose
20before the filing of the notice of lien.
21    (d) The removal cost is not a lien on the underlying parcel
22unless a notice is personally served on, or sent by certified
23mail to, the person to whom was sent the tax bill for the
24general taxes on the property for the taxable year immediately
25preceding the removal activities. The notice must be delivered
26or sent after the removal activities have been performed, and



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1it must: (i) state the substance of this Section and the
2substance of any ordinance of the municipality implementing
3this Section; (ii) identify the underlying parcel, by common
4description; and (iii) describe the removal activity.
5    (e) A lien under this Section may be enforced by
6proceedings to foreclose as in the case of mortgages or
7mechanics' liens. An action to foreclose a lien under this
8Section must be commenced within 2 years after the date of
9filing notice of lien.
10    (f) Any person who performs a removal activity by the
11authority of the municipality may, in his or her own name, file
12a lien and foreclose on that lien in the same manner as a
13municipality under this Section.
14    (g) A failure to file a foreclosure action does not, in any
15way, affect the validity of the lien against the underlying
17    (h) Upon payment of the lien cost by the owner of the
18underlying parcel after notice of lien has been filed, the
19municipality (or its agent under subsection (f)) shall release
20the lien, and the release may be filed of record by the owner
21at his or her sole expense as in the case of filing notice of
23    (i) For the purposes of this Section:
24    "Lien cost" means the removal cost and the filing costs for
25any notice of lien under subsection (b).
26    "Removal activity" means any activity for which a removal



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1cost was incurred.
2    "Removal cost" means a removal cost as defined under
3Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13, or 11-20-17.
4    "Underlying parcel" means a parcel of private property upon
5which a removal activity was performed.
6    "Year" means a 365-day period.
7    (j) This Section applies only to liens filed after August
814, 2009 (the effective date of Public Act 96-462).
9    (k) This Section shall not apply to a lien filed pursuant
10to Section 11-20-15.1.
11(Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10;
1296-1000, eff. 7-2-10.)
13    (65 ILCS 5/11-20-15.1)
14    Sec. 11-20-15.1. Lien for costs of removal, securing, and
15enclosing on abandoned residential property.
16    (a) If the municipality elects to incur a removal cost
17pursuant to subsection (d) of Section 11-20-7, subsection (d)
18of Section 11-20-8, subsection (d) of Section 11-20-12, or
19subsection (e) of Section 11-20-13, or subsection (i) of
20Section 11-20-17, or a securing or enclosing cost pursuant to
21Section 11-31-1.01 with respect to an abandoned residential
22property, then that cost is a lien upon the underlying parcel
23of that abandoned residential property. This lien is superior
24to all other liens and encumbrances, except tax liens and as
25otherwise provided in this Section.



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1    (b) To perfect a lien under this Section, the municipality
2must, within one year after the cost is incurred for the
3activity, file notice of the lien in the office of the recorder
4in the county in which the abandoned residential property is
5located or, if the abandoned residential property is registered
6under the Torrens system, in the office of the Registrar of
7Titles of that county, a sworn statement setting out:
8        (1) a description of the abandoned residential
9    property that sufficiently identifies the parcel;
10        (2) the amount of the cost of the activity;
11        (3) the date or dates when the cost for the activity
12    was incurred by the municipality; and
13        (4) a statement that the lien has been filed pursuant
14    to subsection (d) of Section 11-20-7, subsection (d) of
15    Section 11-20-8, subsection (d) of Section 11-20-12,
16    subsection (e) of Section 11-20-13, subsection (i) of
17    Section 11-20-17, or Section 11-31-1.01, as applicable.
18    If, for any abandoned residential property, the
19municipality engaged in any activity on more than one occasion
20during the course of one year, then the municipality may
21combine any or all of the costs of each of those activities
22into a single notice of lien. In order for a municipality to
23perfect a lien for costs pursuant to Section 11-20-17 of this
24Act, the municipality must first investigate and determine
25that, pursuant to subsections (c) and (h) of this Section, the
26underlying parcel is vacant and abandoned residential



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2    (c) To enforce a lien pursuant to this Section, the
3municipality must maintain contemporaneous records that
4include, at a minimum: (i) a dated statement of finding by the
5municipality that the property for which the work is to be
6performed has become abandoned residential property, which
7shall include (1) the date when the property was first known or
8observed to be unoccupied by any lawful occupant or occupants,
9(2) a description of the actions taken by the municipality to
10contact the legal owner or owners of the property identified on
11the recorded mortgage, or, if known, any agent of the owner or
12owners, including the dates such actions were taken, and (3) a
13statement that no contacts were made with the legal owner or
14owners or their agents as a result of such actions, (ii) a
15dated certification by an authorized official of the
16municipality of the necessity and specific nature of the work
17to be performed, (iii) a copy of the agreement with the person
18or entity performing the work that includes the legal name of
19the person or entity, the rate or rates to be charged for
20performing the work, and an estimate of the total cost of the
21work to be performed, (iv) detailed invoices and payment
22vouchers for all payments made by the municipality for such
23work, and (v) a statement as to whether the work was engaged
24through a competitive bidding process, and if so, a copy of all
25proposals submitted by the bidders for such work.
26    (d) A lien under this Section shall be enforceable



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1exclusively at the hearing for confirmation of sale of the
2abandoned residential property that is held pursuant to
3subsection (b) of Section 15-1508 of the Code of Civil
4Procedure and shall be limited to a claim of interest in the
5proceeds of the sale and subject to the requirements of this
6Section. Any mortgagee who holds a mortgage on the property, or
7any beneficiary or trustee who holds a deed of trust on the
8property, may contest the lien or the amount of the lien at any
9time during the foreclosure proceeding upon motion and notice
10in accordance with court rules applicable to motions generally.
11Grounds for forfeiture of the lien or the superior status of
12the lien granted by subsection (a) of this Section shall
13include, but not be limited to, a finding by the court that:
14(i) the municipality has not complied with subsection (b) or
15(c) of this Section, (ii) the scope of the work was not
16reasonable under the circumstances, (iii) the work exceeded the
17authorization for the work to be performed under subsection (a)
18of Section 11-20-7, subsection (a) of Section 11-20-8,
19subsection (a) of Section 11-20-12, subsection (a) of Section
2011-20-13, or subsection (a) of Section 11-31-1.01, as
21applicable, or (iv) the cost of the services rendered or
22materials provided was not commercially reasonable. Forfeiture
23of the superior status of the lien otherwise granted by this
24Section shall not constitute a forfeiture of the lien as a
25subordinate lien.
26    (e) Upon payment of the amount of a lien filed under this



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1Section by the mortgagee, servicer, owner, or any other person,
2the municipality shall release the lien, and the release may be
3filed of record by the person making such payment at the
4person's sole expense as in the case of filing notice of lien.
5    (f) Notwithstanding any other provision of this Section, a
6municipality may not file a lien pursuant to this Section for
7activities performed pursuant to Section 11-20-7, Section
811-20-8, Section 11-20-12, Section 11-20-13, or Section
911-31-1.01, if: (i) the mortgagee or servicer of the abandoned
10residential property has provided notice to the municipality
11that the mortgagee or servicer has performed or will perform
12the remedial actions specified in the notice that the
13municipality otherwise might perform pursuant to subsection
14(d) of Section 11-20-7, subsection (d) of Section 11-20-8,
15subsection (d) of Section 11-20-12, subsection (e) of Section
1611-20-13, or Section 11-31-1.01, provided that the remedial
17actions specified in the notice have been performed or are
18performed or initiated in good faith within 30 days of such
19notice; or (ii) the municipality has provided notice to the
20mortgagee or servicer of a problem with the property requiring
21the remedial actions specified in the notice that the
22municipality otherwise would perform pursuant to subsection
23(d) of Section 11-20-7, subsection (d) of Section 11-20-8,
24subsection (d) of Section 11-20-12, subsection (e) of Section
2511-20-13, or Section 11-31-1.01, and the mortgagee or servicer
26has performed or performs or initiates in good faith the



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1remedial actions specified in the notice within 30 days of such
3    (g) This Section and subsection (d) of Section 11-20-7,
4subsection (d) of Section 11-20-8, subsection (d) of Section
511-20-12, subsection (e) of Section 11-20-13, or Section
611-31-1.01 shall apply only to activities performed, costs
7incurred, and liens filed after the effective date of this
8amendatory Act of the 96th General Assembly. Subsection (i) of
9Section 11-20-17 shall apply only to activities performed,
10costs incurred, and liens filed after the effective date of
11this amendatory Act of the 97th General Assembly.
12    (h) For the purposes of this Section and subsection (d) of
13Section 11-20-7, subsection (d) of Section 11-20-8, subsection
14(d) of Section 11-20-12, subsection (e) of Section 11-20-13,
15subsection (i) of Section 11-20-17, or Section 11-31-1.01:
16    "Abandoned residential property" means any type of
17permanent residential dwelling unit, including detached single
18family structures, and townhouses, condominium units and
19multifamily rental apartments covering the entire property,
20and manufactured homes treated under Illinois law as real
21estate and not as personal property, that has been unoccupied
22by any lawful occupant or occupants for at least 90 days, and
23for which after such 90 day period, the municipality has made
24good faith efforts to contact the legal owner or owners of the
25property identified on the recorded mortgage, or, if known, any
26agent of the owner or owners, and no contact has been made. A



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1property for which the municipality has been given notice of
2the order of confirmation of sale pursuant to subsection (b-10)
3of Section 15-1508 of the Code of Civil Procedure shall not be
4deemed to be an abandoned residential property for the purposes
5of subsection (d) of Section 11-20-7, subsection (d) of Section
611-20-8, subsection (d) of Section 11-20-12, subsection (e) of
7Section 11-20-13, subsection (i) of Section 11-20-17, and
8Section 11-31-1.01 of this Code.
9    "MERS program" means the nationwide Mortgage Electronic
10Registration System approved by Fannie Mae, Freddie Mac, and
11Ginnie Mae that has been created by the mortgage banking
12industry with the mission of registering every mortgage loan in
13the United States to lawfully make information concerning each
14residential mortgage loan and the property securing it
15available by Internet access to mortgage originators,
16servicers, warehouse lenders, wholesale lenders, retail
17lenders, document custodians, settlement agents, title
18companies, insurers, investors, county recorders, units of
19local government, and consumers.
20    (i) Any entity or person who performs a removal, securing,
21or enclosing activity pursuant to the authority of a
22municipality under subsection (d) of Section 11-20-7,
23subsection (d) of Section 11-20-8, subsection (d) of Section
2411-20-12, subsection (e) of Section 11-20-13, or Section
2511-31-1.01, may, in its, his, or her own name, file a lien
26pursuant to subsection (b) of this Section and appear in a



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1foreclosure action on that lien pursuant to subsection (d) of
2this Section in the place of the municipality, provided that
3the municipality shall remain subject to subsection (c) of this
4Section, and such party shall be subject to all of the
5provisions in this Section as if such party were the
7    (i-5) All amounts received by the municipality for costs
8incurred pursuant to this Section for which the municipality
9has been reimbursed under Section 7.31 of the Illinois Housing
10Development Act shall be remitted to the State Treasurer for
11deposit into the Abandoned Residential Property Municipality
12Relief Fund.
13    (j) If prior to subsection (d) of Section 11-20-7,
14subsection (d) of Section 11-20-8, subsection (d) of Section
1511-20-12, and subsection (e) of Section 11-20-13 becoming
16inoperative a lien is filed pursuant to any of those
17subsections, then the lien shall remain in full force and
18effect after the subsections have become inoperative, subject
19to all of the provisions of this Section. If prior to the
20repeal of Section 11-31-1.01 a lien is filed pursuant to
21Section 11-31-1.01, then the lien shall remain in full force
22and effect after the repeal of Section 11-31-1.01, subject to
23all of the provisions of this Section.
24(Source: P.A. 96-856, eff. 3-1-10; 96-1419, eff. 10-1-10.)
25    (65 ILCS 5/11-20-17 new)



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1    Sec. 11-20-17. Vacant property.
2    (a) For the purposes of minimizing the hazards to persons
3and property resulting from vacant property, the corporate
4authorities of each municipality may, by ordinance, prescribe
5rules or regulations for the maintenance and security of vacant
6property. The corporate authorities of a municipality may
7impose registration fees for vacant property and fines for
8failure to comply with ordinances enacted pursuant to this
10    (b) Pursuant to those ordinances, the corporate
11authorities of each municipality, upon directing a notice of
12its determination and finding that the underlying parcel is
13vacant and abandoned residential property by regular or
14certified mail, may hold responsible for maintaining and
15securing a vacant property (i) any owner of the property, (ii)
16any previous owner of the property who conveyed the property
17during the time it was vacant and failed to comply with any
18ordinance regarding the registration of vacant property, (iii)
19any trust beneficiary or other trustee who holds a deed of
20trust on the property, (iv) any mortgagee who holds a mortgage
21on the property, and (v) any assignee of an owner, beneficiary,
22trustee, or mortgagee.
23    (c) Upon delivery of the notice provided in subsection (b),
24a beneficiary, trustee, or mortgagee seeking to comply with
25ordinances regarding the maintenance or security of vacant
26property may enter that property to remedy any potential



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1violation of an ordinance to maintain or secure vacant property
2without an order for possession under the Illinois Mortgage
3Foreclosure Act, provided that entry is not barred by an
4automatic stay issued by a bankruptcy court.
5    (d) Beneficiaries, trustees, mortgagees, and their agents
6and assignees shall be held harmless from and against all
7claims of negligence, civil trespass, and criminal trespass in
8connection with compliance activity under the ordinances for
9the maintenance or security of vacant property, provided that
10the person authorizing or engaging in the compliance activity
11has (i) made a good faith effort to identify any owner and
12occupant of the property and (ii) made a good faith effort to
13contact any owner and occupant in a manner reasonably
14calculated to give the owner and occupant notice that the
15compliance activity is imminent, after the notice provided by
16subsection (b) has been delivered.
17    (e) For the purpose of this Section, "owner" means the
18legal or beneficial owner of an improved or unimproved parcel
19of real estate.
20    (f) For the purpose of this Section, "mortgagee" means (i)
21the holder of an indebtedness, the obligee of a non-monetary
22obligation secured by a mortgage, any assignee of the mortgage,
23or any person designated or authorized to act on behalf of such
24holder, (ii) any person or entity who previously initiated a
25foreclosure of the vacant property or obtained a foreclosure
26judgment against the vacant property if the deed to vacant



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1property has not been transferred to the purchaser at the
2judicial sale, and (iii) any person claiming through a
3mortgagee as successor.
4    (g) For the purpose of this Section, "vacant property"
5means any property having complete or incomplete structures
6that are empty or otherwise uninhabited by persons legally
7entitled to inhabit the structures.
8    (h) For the purpose of this Section, "removal cost" means
9the total value of fees and fines imposed pursuant to rules,
10regulations, or ordinances regarding maintenance, security, or
11demolition of vacant property.
12    (i) To enforce fees and fines pursuant to this Section, a
13municipality has the following options: (i) the municipality
14may elect to obtain a lien upon the underlying property for the
15removal cost in accordance with Section 11-20-15; (ii) in the
16case of an abandoned residential property as defined in Section
1711-20-15.1, the municipality may elect to obtain a lien for the
18removal cost pursuant to Section 11-20-15.1, in which case the
19provisions of Section 11-20-15.1 shall be the exclusive remedy
20for the removal cost; or (iii) the municipality may elect to
21obtain a lien for the removal cost by exercising any
22enforcement actions available under its police powers or other
23statutory grant of authority.
24    (j) Nothing in this Section prohibits a municipality from
25obtaining and enforcing liens pursuant to any other local,
26State, or federal law.



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1    Section 10. The Code of Civil Procedure is amended by
2changing Section 15-1603 as follows:
3    (735 ILCS 5/15-1603)  (from Ch. 110, par. 15-1603)
4    Sec. 15-1603. Redemption.
5    (a) Owner of Redemption. Except as provided in subsection
6(b) of Section 15-1402, only an owner of redemption may redeem
7from the foreclosure, and such owner of redemption may redeem
8only during the redemption period specified in subsection (b)
9of Section 15-1603 and only if the right of redemption has not
10been validly waived.
11    (b) Redemption Period.
12        (1) In the foreclosure of a mortgage of real estate
13    which is residential real estate at the time the
14    foreclosure is commenced, the redemption period shall end
15    on the later of (i) the date 7 months from the date the
16    mortgagor or, if more than one, all the mortgagors (A) have
17    been served with summons or by publication or (B) have
18    otherwise submitted to the jurisdiction of the court, or
19    (ii) the date 3 months from the date of entry of a judgment
20    of foreclosure.
21        (2) In all other foreclosures, the redemption period
22    shall end on the later of (i) the date 6 months from the
23    date the mortgagor or, if more than one, all the mortgagors
24    (A) have been served with summons or by publication or (B)



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1    have otherwise submitted to the jurisdiction of the court,
2    or (ii) the date 3 months from the date of entry of a
3    judgment of foreclosure.
4        (3) Notwithstanding paragraphs (1) and (2), the
5    redemption period shall end at the later of the expiration
6    of any reinstatement period provided for in Section 15-1602
7    or the date 60 days after the date the judgment of
8    foreclosure is entered, if the court finds that (i) the
9    value of the mortgaged real estate as of the date of the
10    judgment is less than 90% of the amount specified pursuant
11    to subsection (d) of Section 15-1603 and (ii) the mortgagee
12    waives any and all rights to a personal judgment for a
13    deficiency against the mortgagor and against all other
14    persons liable for the indebtedness or other obligations
15    secured by the mortgage.
16        (4) Notwithstanding paragraphs (1) and (2), the
17    redemption period shall end on the date 30 days after the
18    date the judgment of foreclosure is entered if, upon motion
19    and notice in accordance with court rules applicable to
20    motions generally, the court finds that the mortgaged real
21    estate has been abandoned. In cases where the redemption
22    period is shortened on account of abandonment, the
23    reinstatement period shall not extend beyond the
24    redemption period as shortened.
25            (A) The court may find that the mortgaged real
26        estate has been abandoned if evidence is presented



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1        supporting the fact that the mortgaged property has
2        been abandoned. The court may not find that the
3        mortgaged real estate has been abandoned if an
4        appearance has been made and an objection has been
5        filed to the finding that the property has been
6        abandoned, or if the owner provides evidence that the
7        owner is working with, or making an attempt to work
8        with, the mortgagee to modify the mortgage.
9            (B) To determine that a property has been
10        abandoned, the court must find the following, based on
11        evidence presented by the moving party:
12                (i) the mortgaged property is not actually
13            occupied; and
14                (ii) at least one of the following applies:
15                    (aa) more than 5 attempts to contact the
16                mortgagor have been made, at least one by
17                certified mail and one by telephone, if there
18                is a working telephone number for the
19                mortgagor; and at least 2 of the following
20                supporting facts are true:
21                        (I) construction was initiated on the
22                    property and was discontinued prior to
23                    completion, leaving the building
24                    unsuitable for occupancy, and no
25                    construction has taken place for at least 6
26                    months;



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1                        (II) the property has had more than
2                    one uncorrected municipal code violation
3                    over the past year, or has been declared
4                    unfit for occupancy and ordered to remain
5                    vacant and unoccupied by the municipal
6                    authorities;
7                        (III) gas, electric, or water service
8                    to the entire premises has been
9                    terminated;
10                        (IV) windows or entrances to the
11                    premises are boarded up or closed off, or
12                    multiple window panes are broken and
13                    unrepaired;
14                        (V) doors to the premises are smashed
15                    through, broken off, unhinged, or
16                    continuously unlocked;
17                        (VI) the police or sheriff's office
18                    has received at least 2 reports of
19                    trespassers on the premises or of
20                    vandalism or other illegal acts being
21                    committed on the premises in the past 6
22                    months;
23                    (bb) 2 or more attempts to contact the
24                mortgagor have been made and there exist
25                written statements of the mortgagor, the
26                mortgagor's personal representatives or



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1                assigns, including documents of conveyance,
2                which indicate a clear intent to abandon the
3                premises; or
4                    (cc) 2 or more attempts to contact the
5                mortgagor have been made and the property is a
6                vacant lot.
7    (c) Extension of Redemption Period.
8        (1) Once expired, the right of redemption provided for
9    in Sections 15-1603 or 15-1604 shall not be revived. The
10    period within which the right of redemption provided for in
11    Sections 15-1603 or 15-1604 may be exercised runs
12    independently of any action by any person to enforce the
13    judgment of foreclosure or effect a sale pursuant thereto.
14    Neither the initiation of any legal proceeding nor the
15    order of any court staying the enforcement of a judgment of
16    foreclosure or the sale pursuant to a judgment or the
17    confirmation of the sale, shall have the effect of tolling
18    the running of the redemption period.
19        (2) If a court has the authority to stay, and does
20    stay, the running of the redemption period, or if the
21    redemption period is extended by any statute of the United
22    States, the redemption period shall be extended until the
23    expiration of the same number of days after the expiration
24    of the stay order as the number of days remaining in the
25    redemption period at the time the stay order became
26    effective, or, if later, until the expiration of 30 days



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1    after the stay order terminates. If the stay order
2    terminates more than 30 days prior to the expiration of the
3    redemption period, the redemption period shall not be
4    extended.
5    (d) Amount Required to Redeem. The amount required to
6redeem shall be the sum of:
7        (1) The amount specified in the judgment of
8    foreclosure, which shall consist of (i) all principal and
9    accrued interest secured by the mortgage and due as of the
10    date of the judgment, (ii) all costs allowed by law, (iii)
11    costs and expenses approved by the court, (iv) to the
12    extent provided for in the mortgage and approved by the
13    court, additional costs, expenses and reasonable
14    attorneys' fees incurred by the mortgagee, (v) all amounts
15    paid pursuant to Section 15-1505 and (vi) per diem interest
16    from the date of judgment to the date of redemption
17    calculated at the mortgage rate of interest applicable as
18    if no default had occurred; and
19        (2) The amount of other expenses authorized by the
20    court which the mortgagee reasonably incurs between the
21    date of judgment and the date of redemption, which shall be
22    the amount certified by the mortgagee in accordance with
23    subsection (e) of Section 15-1603.
24    (e) Notice of Intent to Redeem. An owner of redemption who
25intends to redeem shall give written notice of such intent to
26redeem to the mortgagee's attorney of record specifying the



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1date designated for redemption and the current address of the
2owner of redemption for purposes of receiving notice. Such
3owner of redemption shall file with the clerk of the court a
4certification of the giving of such notice. The notice of
5intent to redeem must be received by the mortgagee's attorney
6at least 15 days (other than Saturday, Sunday or court holiday)
7prior to the date designated for redemption. The mortgagee
8shall thereupon file with the clerk of the court and shall give
9written notice to the owner of redemption at least three days
10(other than Saturday, Sunday or court holiday) before the date
11designated for redemption a certification, accompanied by
12copies of paid receipts or appropriate affidavits, of any
13expenses authorized in paragraph (2) of subsection (d) of
14Section 15-1603. If the mortgagee fails to serve such
15certification within the time specified herein, then the owner
16of redemption intending to redeem may redeem on the date
17designated for redemption in the notice of intent to redeem,
18and the mortgagee shall not be entitled to payment of any
19expenses authorized in paragraph (2) of subsection (d) of
20Section 15-1603.
21    (f) Procedure for Redemption.
22        (1) An owner of redemption may redeem the real estate
23    from the foreclosure by paying the amount specified in
24    subsection (d) of Section 15-1603 to the mortgagee or the
25    mortgagee's attorney of record on or before the date
26    designated for redemption pursuant to subsection (e) of



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1    Section 15-1603.
2        (2) If the mortgagee refuses to accept payment or if
3    the owner of redemption redeeming from the foreclosure
4    objects to the reasonableness of the additional expenses
5    authorized in paragraph (2) of subsection (d) of Section
6    15-1603 and certified in accordance with subsection (e) of
7    Section 15-1603, the owner of redemption shall pay the
8    certified amount to the clerk of the court on or before the
9    date designated for redemption, together with a written
10    statement specifying the expenses to which objection is
11    made. In such case the clerk shall pay to the mortgagee the
12    amount tendered minus the amount to which the objection
13    pertains.
14        (3) Upon payment to the clerk, whether or not the owner
15    of redemption files an objection at the time of payment,
16    the clerk shall give a receipt of payment to the person
17    redeeming from the foreclosure, and shall file a copy of
18    that receipt in the foreclosure record. Upon receipt of the
19    amounts specified to be paid to the mortgagee pursuant to
20    this Section, the mortgagee shall promptly furnish the
21    mortgagor with a release of the mortgage or satisfaction of
22    the judgment, as appropriate, and the evidence of all
23    indebtedness secured by the mortgage shall be cancelled.
24    (g) Procedure Upon Objection. If an objection is filed by
25an owner of redemption in accordance with paragraph (2) of
26subsection (f) of Section 15-1603, the clerk shall hold the



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1amount to which the objection pertains until the court orders
2distribution of those funds. The court shall hold a hearing
3promptly to determine the distribution of any funds held by the
4clerk pursuant to such objection. Each party shall pay its own
5costs and expenses in connection with any objection, including
6attorneys' fees, subject to Section 2-611 of the Code of Civil
8    (h) Failure to Redeem. Unless the real estate being
9foreclosed is redeemed from the foreclosure, it shall be sold
10as provided in this Article.
11    (i) Mortgagees electing to release, discharge, or abandon
12their mortgage interest in any property shall execute a binding
13written release declaring their discharge of the related lien
14and shall, within 30 days, record the release as provided in
15Section 28 of the Conveyances Act. The failure to record a
16written release creates a presumption that the mortgagee of
17record, or any of its, his, or her successors in interest, has
18knowingly interfered, delayed, and prevented the enforcement
19of any municipal ordinance concerning property.
20(Source: P.A. 86-974.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".