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


Rep. David R. Leitch

Filed: 5/28/2011





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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 Housing Development Act is amended
5by changing Section 7.31 as follows:
6    (20 ILCS 3805/7.31)
7    Sec. 7.31. Abandoned Residential Property Municipality
8Relief Program.
9    (a) The Authority shall establish and administer an
10Abandoned Residential Property Municipality Relief Program.
11The Authority shall use moneys in the Abandoned Residential
12Property Municipality Relief Fund, and any other funds
13appropriated for this purpose, to make grants to municipalities
14to assist with removal costs and securing or enclosing costs
15incurred by the municipality pursuant to Section 11-20-15.1 of
16the Illinois Municipal Code, as approved by the Authority under



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1the Program. The Authority shall promulgate rules for the
2administration, operation, and maintenance of the Program and
3may adopt emergency rules as soon as practicable to begin
4implementation of the Program.
5    (b) Subject to appropriation, the Authority shall make
6grants from the Abandoned Residential Property Municipality
7Relief Fund as follows:
8        (1) 50% 75% of the moneys in the Fund shall be
9    distributed to municipalities, other than the City of
10    Chicago, to assist with removal costs and securing or
11    enclosing costs incurred by the municipality pursuant to
12    Section 11-20-15.1 of the Illinois Municipal Code.
13        (2) 50% 25% of the moneys in the Fund shall be
14    distributed to the City of Chicago to assist with removal
15    costs and securing or enclosing costs incurred by the
16    municipality pursuant to Section 11-20-15.1 of the
17    Illinois Municipal Code.
18(Source: P.A. 96-1419, eff. 10-1-10.)
19    Section 10. The Code of Civil Procedure is amended by
20changing Sections 15-1504, 15-1504.1, 15-1507.1, 15-1508,
2115-1603, and 15-1701 and by adding Sections 15-1200.5 and
2215-1505.8 as follows:
23    (735 ILCS 5/15-1200.5 new)
24    Sec. 15-1200.5. Abandoned residential property. "Abandoned



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1residential property" means residential real estate with
2respect to which the court has found the following:
3    (a) the mortgaged property is not actually occupied; and
4    (b) at least one of the following applies:
5        (1) more than 5 attempts to contact the mortgagor have
6    been made, at least one by certified mail and one by
7    telephone, if there is a working telephone number for the
8    mortgagor; and at least 2 of the following supporting facts
9    are true:
10            (A) construction was initiated on the property and
11        was discontinued prior to completion, leaving the
12        building unsuitable for occupancy, and no construction
13        has taken place for at least 6 months;
14            (B) the property has had more than one uncorrected
15        municipal code violation over the past year, or has
16        been unfit for occupancy and ordered to remain vacant
17        and unoccupied by the municipal authorities;
18            (C) gas, electric, or water service to the entire
19        premises has been terminated;
20            (D) windows or entrances to the premises are
21        boarded up or closed off or multiple window panes are
22        broken and unrepaired;
23            (E) doors to the premises are smashed through,
24        broken off, unhinged, or continuously unlocked;
25            (F) the police or sheriff's office received at
26        least 2 reports of trespassers on the premises or of



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1        vandalism or other illegal acts being committed on the
2        premises in the past 6 months;
3        (2) two or more attempts to contact the mortgagor have
4    been made and there exist written statements of the
5    mortgagor or the mortgagor's personal representatives or
6    assigns, including documents of conveyance, which indicate
7    a clear intent to abandon the premises; or
8        (3) two or more attempts to contact the mortgagor have
9    been made and the property is a vacant lot.
10    (735 ILCS 5/15-1504)  (from Ch. 110, par. 15-1504)
11    Sec. 15-1504. Pleadings and service.
12    (a) Form of Complaint. A foreclosure complaint may be in
13substantially the following form:
14        (1) Plaintiff files this complaint to foreclose the
15    mortgage (or other conveyance in the nature of a mortgage)
16    (hereinafter called "mortgage") hereinafter described and
17    joins the following person as defendants: (here insert
18    names of all defendants).
19        (2) Attached as Exhibit "A" is a copy of the mortgage
20    and as Exhibit "B" is a copy of the note secured thereby.
21        (3) Information concerning mortgage:
22            (A) Nature of instrument: (here insert whether a
23        mortgage, trust deed or other instrument in the nature
24        of a mortgage, etc.)
25            (B) Date of mortgage:



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1            (C) Name of mortgagor:
2            (D) Name of mortgagee:
3            (E) Date and place of recording:
4            (F) Identification of recording: (here insert book
5        and page number or document number)
6            (G) Interest subject to the mortgage: (here insert
7        whether fee simple, estate for years, undivided
8        interest, etc.)
9            (H) Amount of original indebtedness, including
10        subsequent advances made under the mortgage:
11            (I) Both the legal description of the mortgaged
12        real estate and the common address or other information
13        sufficient to identify it with reasonable certainty:
14            (J) Statement as to defaults, including, but not
15        necessarily limited to, date of default, current
16        unpaid principal balance, per diem interest accruing,
17        and any further information concerning the default:
18            (K) Name of present owner of the real estate:
19            (L) Names of other persons who are joined as
20        defendants and whose interest in or lien on the
21        mortgaged real estate is sought to be terminated:
22            (M) Names of defendants claimed to be personally
23        liable for deficiency, if any:
24            (N) Capacity in which plaintiff brings this
25        foreclosure (here indicate whether plaintiff is the
26        legal holder of the indebtedness, a pledgee, an agent,



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1        the trustee under a trust deed or otherwise, as
2        appropriate):
3            (O) Facts in support of redemption period shorter
4        than the longer of (i) 7 months from the date the
5        mortgagor or, if more than one, all the mortgagors (I)
6        have been served with summons or by publication or (II)
7        have otherwise submitted to the jurisdiction of the
8        court, or (ii) 3 months from the entry of the judgment
9        of foreclosure, if sought (here indicate whether based
10        upon the real estate not being residential,
11        abandonment, or real estate value less than 90% of
12        amount owed, etc.):
13            (P) Statement that the right of redemption has been
14        waived by all owners of redemption, if applicable:
15            (Q) Facts in support of request for attorneys' fees
16        and of costs and expenses, if applicable:
17            (R) Facts in support of a request for appointment
18        of mortgagee in possession or for appointment of
19        receiver, and identity of such receiver, if sought:
20            (S) Offer to mortgagor in accordance with Section
21        15-1402 to accept title to the real estate in
22        satisfaction of all indebtedness and obligations
23        secured by the mortgage without judicial sale, if
24        sought:
25            (T) Name or names of defendants whose right to
26        possess the mortgaged real estate, after the



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1        confirmation of a foreclosure sale, is sought to be
2        terminated and, if not elsewhere stated, the facts in
3        support thereof:
5    Plaintiff requests:
6        (i) A judgment of foreclosure and sale.
7        (ii) An order granting a shortened redemption period,
8    if sought.
9        (iii) A personal judgment for a deficiency, if sought.
10        (iv) An order granting possession, if sought.
11        (v) An order placing the mortgagee in possession or
12    appointing a receiver, if sought.
13        (vi) A judgment for attorneys' fees, costs and
14    expenses, if sought.
15    (b) Required Information. A foreclosure complaint need
16contain only such statements and requests called for by the
17form set forth in subsection (a) of Section 15-1504 as may be
18appropriate for the relief sought. Such complaint may be filed
19as a counterclaim, may be joined with other counts or may
20include in the same count additional matters or a request for
21any additional relief permitted by Article II of the Code of
22Civil Procedure.
23    (c) Allegations. The statements contained in a complaint in
24the form set forth in subsection (a) of Section 15-1504 are
25deemed and construed to include allegations as follows:



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1        (1) on the date indicated the obligor of the
2    indebtedness or other obligations secured by the mortgage
3    was justly indebted in the amount of the indicated original
4    indebtedness to the original mortgagee or payee of the
5    mortgage note;
6        (2) that the exhibits attached are true and correct
7    copies of the mortgage and note and are incorporated and
8    made a part of the complaint by express reference;
9        (3) that the mortgagor was at the date indicated an
10    owner of the interest in the real estate described in the
11    complaint and that as of that date made, executed and
12    delivered the mortgage as security for the note or other
13    obligations;
14        (4) that the mortgage was recorded in the county in
15    which the mortgaged real estate is located, on the date
16    indicated, in the book and page or as the document number
17    indicated;
18        (5) that defaults occurred as indicated;
19        (6) that at the time of the filing of the complaint the
20    persons named as present owners are the owners of the
21    indicated interests in and to the real estate described;
22        (7) that the mortgage constitutes a valid, prior and
23    paramount lien upon the indicated interest in the mortgaged
24    real estate, which lien is prior and superior to the right,
25    title, interest, claim or lien of all parties and nonrecord
26    claimants whose interests in the mortgaged real estate are



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1    sought to be terminated;
2        (8) that by reason of the defaults alleged, if the
3    indebtedness has not matured by its terms, the same has
4    become due by the exercise, by the plaintiff or other
5    persons having such power, of a right or power to declare
6    immediately due and payable the whole of all indebtedness
7    secured by the mortgage;
8        (9) that any and all notices of default or election to
9    declare the indebtedness due and payable or other notices
10    required to be given have been duly and properly given;
11        (10) that any and all periods of grace or other period
12    of time allowed for the performance of the covenants or
13    conditions claimed to be breached or for the curing of any
14    breaches have expired;
15        (11) that the amounts indicated in the statement in the
16    complaint are correctly stated and if such statement
17    indicates any advances made or to be made by the plaintiff
18    or owner of the mortgage indebtedness, that such advances
19    were, in fact, made or will be required to be made, and
20    under and by virtue of the mortgage the same constitute
21    additional indebtedness secured by the mortgage; and
22        (12) that, upon confirmation of the sale, the holder of
23    the certificate of sale or deed issued pursuant to that
24    certificate or, if no certificate or deed was issued, the
25    purchaser at the sale will be entitled to full possession
26    of the mortgaged real estate against the parties named in



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1    clause (T) of paragraph (3) of subsection (a) of Section
2    15-1504 or elsewhere to the same effect; the omission of
3    any party indicates that plaintiff will not seek a
4    possessory order in the order confirming sale unless the
5    request is subsequently made under subsection (h) of
6    Section 15-1701 or by separate action under Article 9 of
7    this Code.
8    (d) Request for Fees and Costs. A statement in the
9complaint that plaintiff seeks the inclusion of attorneys' fees
10and of costs and expenses shall be deemed and construed to
11include allegations that:
12        (1) plaintiff has been compelled to employ and retain
13    attorneys to prepare and file the complaint and to
14    represent and advise the plaintiff in the foreclosure of
15    the mortgage and the plaintiff will thereby become liable
16    for the usual, reasonable and customary fees of the
17    attorneys in that behalf;
18        (2) that the plaintiff has been compelled to advance or
19    will be compelled to advance, various sums of money in
20    payment of costs, fees, expenses and disbursements
21    incurred in connection with the foreclosure, including,
22    without limiting the generality of the foregoing, filing
23    fees, stenographer's fees, witness fees, costs of
24    publication, costs of procuring and preparing documentary
25    evidence and costs of procuring abstracts of title, Torrens
26    certificates, foreclosure minutes and a title insurance



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1    policy;
2        (3) that under the terms of the mortgage, all such
3    advances, costs, attorneys' fees and other fees, expenses
4    and disbursements are made a lien upon the mortgaged real
5    estate and the plaintiff is entitled to recover all such
6    advances, costs, attorneys' fees, expenses and
7    disbursements, together with interest on all advances at
8    the rate provided in the mortgage, or, if no rate is
9    provided therein, at the statutory judgment rate, from the
10    date on which such advances are made;
11        (4) that in order to protect the lien of the mortgage,
12    it may become necessary for plaintiff to pay taxes and
13    assessments which have been or may be levied upon the
14    mortgaged real estate;
15        (5) that in order to protect and preserve the mortgaged
16    real estate, it may also become necessary for the plaintiff
17    to pay liability (protecting mortgagor and mortgagee),
18    fire and other hazard insurance premiums on the mortgaged
19    real estate, make such repairs to the mortgaged real estate
20    as may reasonably be deemed necessary for the proper
21    preservation thereof, advance for costs to inspect the
22    mortgaged real estate or to appraise it, or both, and
23    advance for premiums for pre-existing private or
24    governmental mortgage insurance to the extent required
25    after a foreclosure is commenced in order to keep such
26    insurance in force; and



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1        (6) that under the terms of the mortgage, any money so
2    paid or expended will become an additional indebtedness
3    secured by the mortgage and will bear interest from the
4    date such monies are advanced at the rate provided in the
5    mortgage, or, if no rate is provided, at the statutory
6    judgment rate.
7    (e) Request for Foreclosure. The request for foreclosure is
8deemed and construed to mean that the plaintiff requests that:
9        (1) an accounting may be taken under the direction of
10    the court of the amounts due and owing to the plaintiff;
11        (2) that the defendants be ordered to pay to the
12    plaintiff before expiration of any redemption period (or,
13    if no redemption period, before a short date fixed by the
14    court) whatever sums may appear to be due upon the taking
15    of such account, together with attorneys' fees and costs of
16    the proceedings (to the extent provided in the mortgage or
17    by law);
18        (3) that in default of such payment in accordance with
19    the judgment, the mortgaged real estate be sold as directed
20    by the court, to satisfy the amount due to the plaintiff as
21    set forth in the judgment, together with the interest
22    thereon at the statutory judgment rate from the date of the
23    judgment;
24        (4) that in the event the plaintiff is a purchaser of
25    the mortgaged real estate at such sale, the plaintiff may
26    offset against the purchase price of such real estate the



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1    amounts due under the judgment of foreclosure and order
2    confirming the sale;
3        (5) that in the event of such sale and the failure of
4    any person entitled thereto to redeem prior to such sale
5    pursuant to this Article, the defendants made parties to
6    the foreclosure in accordance with this Article, and all
7    nonrecord claimants given notice of the foreclosure in
8    accordance with this Article, and all persons claiming by,
9    through or under them, and each and any and all of them,
10    may be forever barred and foreclosed of any right, title,
11    interest, claim, lien, or right to redeem in and to the
12    mortgaged real estate; and
13        (6) that if no redemption is made prior to such sale, a
14    deed may be issued to the purchaser thereat according to
15    law and such purchaser be let into possession of the
16    mortgaged real estate in accordance with Part 17 of this
17    Article.
18    (f) Request for Deficiency Judgment. A request for a
19personal judgment for a deficiency in a foreclosure complaint
20if the sale of the mortgaged real estate fails to produce a
21sufficient amount to pay the amount found due, the plaintiff
22may have a personal judgment against any party in the
23foreclosure indicated as being personally liable therefor and
24the enforcement thereof be had as provided by law.
25    (g) Request for Possession or Receiver. A request for
26possession or appointment of a receiver has the meaning as



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1stated in subsection (b) of Section 15-1706.
2    (h) Answers by Parties. Any party may assert its interest
3by counterclaim and such counterclaim may at the option of that
4party stand in lieu of answer to the complaint for foreclosure
5and all counter complaints previously or thereafter filed in
6the foreclosure. Any such counterclaim shall be deemed to
7constitute a statement that the counter claimant does not have
8sufficient knowledge to form a belief as to the truth or
9falsity of the allegations of the complaint and all other
10counterclaims, except to the extent that the counterclaim
11admits or specifically denies such allegations.
12(Source: P.A. 91-357, eff. 7-29-99.)
13    (735 ILCS 5/15-1504.1)
14    Sec. 15-1504.1. Filing fee for Abandoned Residential
15Property Municipality Relief Foreclosure Prevention Program
17    (a) With respect to residential real estate, at the time of
18the filing of a foreclosure complaint, the plaintiff shall pay
19to the clerk of the court in which the foreclosure complaint is
20filed a fee of $50 for deposit into the Abandoned Residential
21Property Municipality Relief Foreclosure Prevention Program
22Fund, a special fund created in the State treasury. The clerk
23shall remit the fee to the State Treasurer as provided in this
24Section to be expended for the purposes set forth in Section
257.31 7.30 of the Illinois Housing Development Act.



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1    (a-5) All fees paid by plaintiffs to the clerk of the court
2as provided in this Section shall be disbursed within 60 days
3after receipt by the clerk of the court as follows: (i) 98% to
4the State Treasurer for deposit into the Abandoned Residential
5Property Municipality Relief Foreclosure Prevention Counseling
6Program Fund, and (ii) 2% to the clerk of the court for
7administrative expenses related to implementation of this
9    (b) Not later than March 1 of each year, the clerk of the
10court shall submit to the Illinois Housing Development
11Authority a report of the funds collected and remitted pursuant
12to this Section during the preceding year.
13    (c) Notwithstanding the provisions of subsections (a) and
14(a-5), all fees paid to the clerk of the court as provided in
15this Section prior to the effect of this amendatory Act of the
1697th General Assembly shall be disbursed to the Foreclosure
17Prevention Counseling Program Fund.
18(Source: P.A. 96-1419, eff. 10-1-10; revised 9-16-10.)
19    (735 ILCS 5/15-1505.8 new)
20    Sec. 15-1505.8. Expedited judgment and sale procedure for
21abandoned residential property.
22    (a) Upon motion and notice, the mortgagee may elect to
23utilize the expedited judgment and sale procedure for abandoned
24residential property set forth in this Section to obtain a
25judgment of foreclosure pursuant to Section 15-1506. The motion



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1may be combined with or made part of the motion requesting a
2judgment of foreclosure. If service upon the mortgagor was
3obtained by publication, then notice of the motion to the
4mortgagor shall be posted at the property address.
5    (b) The motion requesting an expedited judgment of
6foreclosure and sale may be filed by the mortgagee at the time
7the foreclosure complaint is filed or any time thereafter.
8    (c) Motion for an expedited judgment and sale.
9        (1) If a motion for an expedited judgment and sale is
10    filed at the time the foreclosure complaint is filed, the
11    motion shall be heard by the court no later than:
12            (A) 45 days after the date of service of the
13        summons on the mortgagor or, if more than one, no later
14        than 45 days after the date of service on the last
15        served mortgagor;
16            (B) 45 days after the date of first publication, if
17        service of process is by publication; or
18            (C) 45 days after the mortgagors have otherwise
19        submitted to the jurisdiction of the court.
20        (2) If a motion for an expedited judgment and sale is
21    filed after the foreclosure complaint is filed, the motion
22    shall be heard no later than 15 days after the motion is
23    filed, provided that at least:
24            (A) 30 days have transpired since service of the
25        summons on the mortgagor, or, if there is more than one
26        mortgagor, 30 days have transpired since service on all



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1        mortgagors;
2            (B) 30 days have transpired since the date of first
3        publication, if service of process is by publication;
4        or
5            (C) 30 days have transpired since all mortgagors
6        have otherwise submitted to the jurisdiction of the
7        court.
8    (d) The hearing shall be given priority by the court and
9shall be scheduled to be heard within the applicable time
10period set forth in subsection (c).
11    (e) The court may find that the mortgaged real estate has
12been abandoned if evidence is presented supporting the fact
13that the mortgaged property is abandoned residential property.
14The court may not find that the mortgaged real estate is
15abandoned residential property if an appearance has been made
16and an objection has been filed to the finding that the
17property is abandoned residential property, or if the owner
18provides evidence that the owner is working with, or making an
19attempt to work with, the mortgagee to modify the mortgage.
20    (f) At the hearing on the motion requesting an expedited
21judgment and sale, and upon a finding by the court that the
22mortgaged real estate is abandoned residential property, the
23court shall immediately proceed to enter a judgment of
24foreclosure as requested in the complaint. The judgment of
25foreclosure shall include the matters identified in Section



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1    (g) The reinstatement period and redemption period for the
2abandoned residential property shall end in accordance with
3paragraph (4) of subsection (b) of Section 15-1603, and the
4property shall be sold at the earliest practicable time at a
5sale as provided in this Article.
6    (h) Mortgagee responsibility.
7        (1) A mortgagee or its agent may enter an abandoned
8    residential property that is the subject of a foreclosure
9    complaint for the purpose of maintaining or securing the
10    property, provided that entry is not barred by an automatic
11    stay issued by a bankruptcy court. A mortgagee and its
12    agents shall not be held liable for any claim of
13    negligence, civil trespass, or criminal trespass based
14    upon entering the abandoned residential property or
15    maintaining or securing the abandoned residential
16    property.
17        (2) The mortgagee shall be responsible for repairs or
18    other maintenance to the abandoned residential property if
19    it purchases the property at the foreclosure sale held
20    pursuant to Section 15-1507 and the sale is confirmed by
21    the court pursuant to Section 15-1508.
22    (i) Upon confirmation of the sale held pursuant to Section
2315-1507, any personal property remaining in or upon the
24abandoned residential property shall be deemed to have been
25abandoned by the owner of such personal property and may be
26disposed of or donated by the holder of the certificate of sale



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1or, if none, by the purchaser at the sale. In the event of
2donation of any such personal property, the holder of the
3certificate of sale or, if none, the purchaser at the sale may
4transfer such donated property with a bill of sale. No
5mortgagee or its successors or assigns, holder of a certificate
6of sale or purchaser at the sale shall be liable for any such
7disposal or donation of personal property.
8    (j) No mortgagee shall be held liable for seeking a
9judicial determination of abandonment, if the mortgagee, upon
10information and belief at the time the motion requesting an
11expedited judgment of foreclosure and sale is filed with the
12court, makes a good faith assertion through its affidavit that
13evidence exists supporting the fact the mortgaged real estate
14is abandoned residential property.
15    (735 ILCS 5/15-1507.1)
16    (Section scheduled to be repealed on March 2, 2016)
17    Sec. 15-1507.1. Judicial sale fee for Foreclosure
18Prevention Program Abandoned Residential Property Municipality
19Relief Fund.
20    (a) Upon and at the sale of residential real estate under
21Section 15-1507, the purchaser, other than a purchaser who is
22purchasing for the purpose of occupying the residential real
23estate, shall pay a fee of $100 to the person conducting the
24sale pursuant to Section 15-1507 a fee for deposit into the
25Foreclosure Prevention Program Abandoned Residential Property



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1Municipality Relief Fund, a special fund created in the State
2treasury. The fee shall be calculated at the rate of $1 for
3each $1,000 or fraction thereof of the amount paid by the
4purchaser to the person conducting the sale, as reflected in
5the receipt of sale issued to the purchaser, provided that in
6no event shall the fee exceed $300. No fee shall be paid by the
7mortgagee acquiring the residential real estate pursuant to its
8credit bid at the sale or by any mortgagee, judgment creditor,
9or other lienor acquiring the residential real estate whose
10rights in and to the residential real estate arose prior to the
11sale. Upon confirmation of the sale under Section 15-1508, the
12person conducting the sale shall remit the fee to the clerk of
13the court in which the foreclosure case is pending. The clerk
14shall remit the fee to the State Treasurer as provided in this
15Section, to be expended for the purposes set forth in Section
167.30 7.31 of the Illinois Housing Development Act.
17    (a-5) In the event that there is no purchaser at the sale
18conducted pursuant to Section 15-1507 other than the mortgagee
19acquiring the residential real estate pursuant to its credit
20bid at the sale or any mortgagee, judgment creditor or other
21lienor acquiring the residential real estate whose rights in
22and to the residential real estate arose prior to the sale, the
23fee required by subsection (a) shall be paid by the next
24purchaser of the residential real estate, other than a
25purchaser who is purchasing for the purpose of occupying the
26residential real estate, at the time the residential real



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1estate is sold by the mortgagee, judgment creditor or lienor
2after the sale conducted pursuant to Section 15-1507. The
3person conducting the closing of the sale shall remit the fee
4to the clerk of the court in which the foreclosure case was
5pending. The clerk shall remit the fee to the State Treasurer
6as provided in this Section, to be expended for the purposes
7set forth in Section 7.30 of the Illinois Housing Development
9    (b) All fees paid by purchasers as provided in this Section
10shall be disbursed within 60 days after receipt by the clerk of
11the court as follows: (i) 98% to the State Treasurer for
12deposit into the Foreclosure Prevention Program Abandoned
13Residential Property Municipality Relief Fund, and (ii) 2% to
14the clerk of the court for administrative expenses related to
15implementation of this Section.
16    (b-5) Notwithstanding the provisions of subsections (a),
17(a-5), and (b), all fees paid to the clerk of the court as
18provided in this Section prior to the effective date of this
19amendatory Act of the 97th General Assembly shall be disbursed
20to the Abandoned Residential Property Municipality Relief
22    (c) Not later than March 1 of each year, the clerk of the
23court shall submit to the Illinois Housing Development
24Authority a report of the funds collected and remitted during
25the preceding year pursuant to this Section.
26    (d) (Blank.) Subsections (a) and (b) of this Section shall



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1become inoperative on January 1, 2016. This Section is repealed
2on March 2, 2016.
3(Source: P.A. 96-1419, eff. 10-1-10.)
4    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
5    Sec. 15-1508. Report of Sale and Confirmation of Sale.
6    (a) Report. The person conducting the sale shall promptly
7make a report to the court, which report shall include a copy
8of all receipts and, if any, certificate of sale.
9    (b) Hearing. Upon motion and notice in accordance with
10court rules applicable to motions generally, which motion shall
11not be made prior to sale, the court shall conduct a hearing to
12confirm the sale. Unless the court finds that (i) a notice
13required in accordance with subsection (c) of Section 15-1507
14was not given, (ii) the terms of sale were unconscionable,
15(iii) the sale was conducted fraudulently, or (iv) that justice
16was otherwise not done, the court shall then enter an order
17confirming the sale. The confirmation order shall include a
18name, address, and telephone number of the holder of the
19certificate of sale or deed issued pursuant to that certificate
20or, if no certificate or deed was issued, the purchaser, whom a
21municipality or county may contact with concerns about the real
22estate. The confirmation order may also:
23        (1) approve the mortgagee's fees and costs arising
24    between the entry of the judgment of foreclosure and the
25    confirmation hearing, those costs and fees to be allowable



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1    to the same extent as provided in the note and mortgage and
2    in Section 15-1504;
3        (2) provide for a personal judgment against any party
4    for a deficiency; and
5        (3) determine the priority of the judgments of parties
6    who deferred proving the priority pursuant to subsection
7    (h) of Section 15-1506, but the court shall not defer
8    confirming the sale pending the determination of such
9    priority.
10    (b-3) Hearing to confirm sale of abandoned residential
11property. Upon motion and notice, which motion shall be made
12prior to the sale and heard by the court upon conclusion of the
13sale, the court shall enter an order confirming the sale of the
14abandoned residential property, unless the court finds that a
15reason set forth in items (i) through (iv) of subsection (b) of
16Section 15-1508 exists for not approving the sale. The
17confirmation order also may address the matters identified in
18items (1), (2), or (3) of subsection (b) of Section 15-1508.
19Notwithstanding anything to the contrary in subsection (g) of
2015-1508, the order confirming the sale of the abandoned
21residential property shall award to the purchaser possession of
22the property as of the date of the entry of the order
23confirming the sale.
24    (b-5) Notice with respect to residential real estate. With
25respect to residential real estate, the notice required under
26subsection (b) of this Section shall be sent to the mortgagor



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1even if the mortgagor has previously been held in default. In
2the event the mortgagor has filed an appearance, the notice
3shall be sent to the address indicated on the appearance. In
4all other cases, the notice shall be sent to the mortgagor at
5the common address of the foreclosed property. The notice shall
6be sent by first class mail. Unless the right to possession has
7been previously terminated by the court, the notice shall
8include the following language in 12-point boldface
9capitalized type:
14    (b-10) Notice of confirmation order sent to municipality or
15county. A copy of the confirmation order required under
16subsection (b) shall be sent to the municipality in which the
17foreclosed property is located, or to the county within the
18boundary of which the foreclosed property is located if the
19foreclosed property is located in an unincorporated territory.
20A municipality or county must clearly publish on its website a
21single address to which such notice shall be sent. If a
22municipality or county does not maintain a website, then the
23municipality or county must publicly post in its main office a
24single address to which such notice shall be sent. In the event
25that a municipality or county has not complied with the
26publication requirement in this subsection (b-10), then such



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1notice to the municipality or county shall be provided pursuant
2to Section 2-211 of the Code of Civil Procedure.
3    (c) Failure to Give Notice. If any sale is held without
4compliance with subsection (c) of Section 15-1507 of this
5Article, any party entitled to the notice provided for in
6paragraph (3) of that subsection (c) who was not so notified
7may, by motion supported by affidavit made prior to
8confirmation of such sale, ask the court which entered the
9judgment to set aside the sale. Any such party shall guarantee
10or secure by bond a bid equal to the successful bid at the
11prior sale, unless the party seeking to set aside the sale is
12the mortgagor, the real estate sold at the sale is residential
13real estate, and the mortgagor occupies the residential real
14estate at the time the motion is filed. In that event, no
15guarantee or bond shall be required of the mortgagor. Any
16subsequent sale is subject to the same notice requirement as
17the original sale.
18    (d) Validity of Sale. Except as provided in subsection (c)
19of Section 15-1508, no sale under this Article shall be held
20invalid or be set aside because of any defect in the notice
21thereof or in the publication of the same, or in the
22proceedings of the officer conducting the sale, except upon
23good cause shown in a hearing pursuant to subsection (b) of
24Section 15-1508. At any time after a sale has occurred, any
25party entitled to notice under paragraph (3) of subsection (c)
26of Section 15-1507 may recover from the mortgagee any damages



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1caused by the mortgagee's failure to comply with such paragraph
2(3). Any party who recovers damages in a judicial proceeding
3brought under this subsection may also recover from the
4mortgagee the reasonable expenses of litigation, including
5reasonable attorney's fees.
6    (d-5) Making Home Affordable Program. The court that
7entered the judgment shall set aside a sale held pursuant to
8Section 15-1507, upon motion of the mortgagor at any time prior
9to the confirmation of the sale, if the mortgagor proves by a
10preponderance of the evidence that (i) the mortgagor has
11applied for assistance under the Making Home Affordable Program
12established by the United States Department of the Treasury
13pursuant to the Emergency Economic Stabilization Act of 2008,
14as amended by the American Recovery and Reinvestment Act of
152009, and (ii) the mortgaged real estate was sold in material
16violation of the program's requirements for proceeding to a
17judicial sale. The provisions of this subsection (d-5), except
18for this sentence, shall become inoperative on January 1, 2013
19for all actions filed under this Article after December 31,
202012, in which the mortgagor did not apply for assistance under
21the Making Home Affordable Program on or before December 31,
23    (e) Deficiency Judgment. In any order confirming a sale
24pursuant to the judgment of foreclosure, the court shall also
25enter a personal judgment for deficiency against any party (i)
26if otherwise authorized and (ii) to the extent requested in the



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1complaint and proven upon presentation of the report of sale in
2accordance with Section 15-1508. Except as otherwise provided
3in this Article, a judgment may be entered for any balance of
4money that may be found due to the plaintiff, over and above
5the proceeds of the sale or sales, and enforcement may be had
6for the collection of such balance, the same as when the
7judgment is solely for the payment of money. Such judgment may
8be entered, or enforcement had, only in cases where personal
9service has been had upon the persons personally liable for the
10mortgage indebtedness, unless they have entered their
11appearance in the foreclosure action.
12    (f) Satisfaction. Upon confirmation of the sale, the
13judgment stands satisfied to the extent of the sale price less
14expenses and costs. If the order confirming the sale includes a
15deficiency judgment, the judgment shall become a lien in the
16manner of any other judgment for the payment of money.
17    (g) The order confirming the sale shall include,
18notwithstanding any previous orders awarding possession during
19the pendency of the foreclosure, an award to the purchaser of
20possession of the mortgaged real estate, as of the date 30 days
21after the entry of the order, against the parties to the
22foreclosure whose interests have been terminated.
23    An order of possession authorizing the removal of a person
24from possession of the mortgaged real estate shall be entered
25and enforced only against those persons personally named as
26individuals in the complaint or the petition under subsection



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1(h) of Section 15-1701 and in the order of possession and shall
2not be entered and enforced against any person who is only
3generically described as an unknown owner or nonrecord claimant
4or by another generic designation in the complaint.
5    Notwithstanding the preceding paragraph, the failure to
6personally name, include, or seek an award of possession of the
7mortgaged real estate against a person in the confirmation
8order shall not abrogate any right that the purchaser may have
9to possession of the mortgaged real estate and to maintain a
10proceeding against that person for possession under Article 9
11of this Code or subsection (h) of Section 15-1701; and
12possession against a person who (1) has not been personally
13named as a party to the foreclosure and (2) has not been
14provided an opportunity to be heard in the foreclosure
15proceeding may be sought only by maintaining a proceeding under
16Article 9 of this Code or subsection (h) of Section 15-1701.
17(Source: P.A. 95-826, eff. 8-14-08; 96-265, eff. 8-11-09;
1896-856, eff. 3-1-10; 96-1245, eff. 7-23-10; revised 9-16-10.)
19    (735 ILCS 5/15-1603)  (from Ch. 110, par. 15-1603)
20    Sec. 15-1603. Redemption.
21    (a) Owner of Redemption. Except as provided in subsection
22(b) of Section 15-1402, only an owner of redemption may redeem
23from the foreclosure, and such owner of redemption may redeem
24only during the redemption period specified in subsection (b)
25of Section 15-1603 and only if the right of redemption has not



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1been validly waived.
2    (b) Redemption Period.
3        (1) In the foreclosure of a mortgage of real estate
4    which is residential real estate at the time the
5    foreclosure is commenced, the redemption period shall end
6    on the later of (i) the date 7 months from the date the
7    mortgagor or, if more than one, all the mortgagors (A) have
8    been served with summons or by publication or (B) have
9    otherwise submitted to the jurisdiction of the court, or
10    (ii) the date 3 months from the date of entry of a judgment
11    of foreclosure.
12        (2) In all other foreclosures, the redemption period
13    shall end on the later of (i) the date 6 months from the
14    date the mortgagor or, if more than one, all the mortgagors
15    (A) have been served with summons or by publication or (B)
16    have otherwise submitted to the jurisdiction of the court,
17    or (ii) the date 3 months from the date of entry of a
18    judgment of foreclosure.
19        (3) Notwithstanding paragraphs (1) and (2), the
20    redemption period shall end at the later of the expiration
21    of any reinstatement period provided for in Section 15-1602
22    or the date 60 days after the date the judgment of
23    foreclosure is entered, if the court finds that (i) the
24    value of the mortgaged real estate as of the date of the
25    judgment is less than 90% of the amount specified pursuant
26    to subsection (d) of Section 15-1603 and (ii) the mortgagee



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1    waives any and all rights to a personal judgment for a
2    deficiency against the mortgagor and against all other
3    persons liable for the indebtedness or other obligations
4    secured by the mortgage.
5        (4) Notwithstanding paragraphs (1) and (2), the
6    redemption period shall end on the date 30 days after the
7    date the judgment of foreclosure is entered if the court
8    finds that the mortgaged real estate is abandoned
9    residential property has been abandoned. In cases where the
10    redemption period is shortened on account of abandonment,
11    the reinstatement period shall not extend beyond the date
12    the judgment is entered redemption period as shortened.
13    (c) Extension of Redemption Period.
14        (1) Once expired, the right of redemption provided for
15    in Sections 15-1603 or 15-1604 shall not be revived. The
16    period within which the right of redemption provided for in
17    Sections 15-1603 or 15-1604 may be exercised runs
18    independently of any action by any person to enforce the
19    judgment of foreclosure or effect a sale pursuant thereto.
20    Neither the initiation of any legal proceeding nor the
21    order of any court staying the enforcement of a judgment of
22    foreclosure or the sale pursuant to a judgment or the
23    confirmation of the sale, shall have the effect of tolling
24    the running of the redemption period.
25        (2) If a court has the authority to stay, and does
26    stay, the running of the redemption period, or if the



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1    redemption period is extended by any statute of the United
2    States, the redemption period shall be extended until the
3    expiration of the same number of days after the expiration
4    of the stay order as the number of days remaining in the
5    redemption period at the time the stay order became
6    effective, or, if later, until the expiration of 30 days
7    after the stay order terminates. If the stay order
8    terminates more than 30 days prior to the expiration of the
9    redemption period, the redemption period shall not be
10    extended.
11    (d) Amount Required to Redeem. The amount required to
12redeem shall be the sum of:
13        (1) The amount specified in the judgment of
14    foreclosure, which shall consist of (i) all principal and
15    accrued interest secured by the mortgage and due as of the
16    date of the judgment, (ii) all costs allowed by law, (iii)
17    costs and expenses approved by the court, (iv) to the
18    extent provided for in the mortgage and approved by the
19    court, additional costs, expenses and reasonable
20    attorneys' fees incurred by the mortgagee, (v) all amounts
21    paid pursuant to Section 15-1505 and (vi) per diem interest
22    from the date of judgment to the date of redemption
23    calculated at the mortgage rate of interest applicable as
24    if no default had occurred; and
25        (2) The amount of other expenses authorized by the
26    court which the mortgagee reasonably incurs between the



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



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



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1    mortgagor with a release of the mortgage or satisfaction of
2    the judgment, as appropriate, and the evidence of all
3    indebtedness secured by the mortgage shall be cancelled.
4    (g) Procedure Upon Objection. If an objection is filed by
5an owner of redemption in accordance with paragraph (2) of
6subsection (f) of Section 15-1603, the clerk shall hold the
7amount to which the objection pertains until the court orders
8distribution of those funds. The court shall hold a hearing
9promptly to determine the distribution of any funds held by the
10clerk pursuant to such objection. Each party shall pay its own
11costs and expenses in connection with any objection, including
12attorneys' fees, subject to Section 2-611 of the Code of Civil
14    (h) Failure to Redeem. Unless the real estate being
15foreclosed is redeemed from the foreclosure, it shall be sold
16as provided in this Article.
17(Source: P.A. 86-974.)
18    (735 ILCS 5/15-1701)  (from Ch. 110, par. 15-1701)
19    Sec. 15-1701. Right to possession.
20    (a) General. The provisions of this Article shall govern
21the right to possession of the mortgaged real estate during
22foreclosure. Possession under this Article includes physical
23possession of the mortgaged real estate to the same extent to
24which the mortgagor, absent the foreclosure, would have been
25entitled to physical possession. For the purposes of Part 17,



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1real estate is residential real estate only if it is
2residential real estate at the time the foreclosure is
4    (a-5) Abandoned residential property. Notwithstanding
5anything to the contrary in this Section, the holder of the
6certificate of sale or deed issued pursuant to that certificate
7or, if no certificate or deed was issued, the purchaser, of
8abandoned residential property shall be entitled to possession
9of the property as of the date the order confirming the sale of
10the abandoned residential property is entered.
11    (b) Pre-Judgment. Prior to the entry of a judgment of
13        (1) In the case of residential real estate, the
14    mortgagor shall be entitled to possession of the real
15    estate except if (i) the mortgagee shall object and show
16    good cause, (ii) the mortgagee is so authorized by the
17    terms of the mortgage or other written instrument, and
18    (iii) the court is satisfied that there is a reasonable
19    probability that the mortgagee will prevail on a final
20    hearing of the cause, the court shall upon request place
21    the mortgagee in possession. If the residential real estate
22    consists of more than one dwelling unit, then for the
23    purpose of this Part residential real estate shall mean
24    only that dwelling unit or units occupied by persons
25    described in clauses (i), (ii) and (iii) of Section
26    15-1219.



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1        (2) In all other cases, if (i) the mortgagee is so
2    authorized by the terms of the mortgage or other written
3    instrument, and (ii) the court is satisfied that there is a
4    reasonable probability that the mortgagee will prevail on a
5    final hearing of the cause, the mortgagee shall upon
6    request be placed in possession of the real estate, except
7    that if the mortgagor shall object and show good cause, the
8    court shall allow the mortgagor to remain in possession.
9    (c) Judgment Through 30 Days After Sale Confirmation. After
10the entry of a judgment of foreclosure and through the 30th day
11after a foreclosure sale is confirmed:
12        (1) Subsection (b) of Section 15-1701 shall be
13    applicable, regardless of the provisions of the mortgage or
14    other instrument, except that after a sale pursuant to the
15    judgment the holder of the certificate of sale (or, if
16    none, the purchaser at the sale) shall have the mortgagee's
17    right to be placed in possession, with all rights and
18    duties of a mortgagee in possession under this Article.
19        (2) Notwithstanding paragraph (1) of subsection (b)
20    and paragraph (1) of subsection (c) of Section 15-1701,
21    upon request of the mortgagee, a mortgagor of residential
22    real estate shall not be allowed to remain in possession
23    between the expiration of the redemption period and through
24    the 30th day after sale confirmation unless (i) the
25    mortgagor pays to the mortgagee or such holder or
26    purchaser, whichever is applicable, monthly the lesser of



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1    the interest due under the mortgage calculated at the
2    mortgage rate of interest applicable as if no default had
3    occurred or the fair rental value of the real estate, or
4    (ii) the mortgagor otherwise shows good cause. Any amounts
5    paid by the mortgagor pursuant to this subsection shall be
6    credited against the amounts due from the mortgagor.
7    (d) After 30 Days After Sale Confirmation. The holder of
8the certificate of sale or deed issued pursuant to that
9certificate or, if no certificate or deed was issued, the
10purchaser, except to the extent the holder or purchaser may
11consent otherwise, shall be entitled to possession of the
12mortgaged real estate, as of the date 30 days after the order
13confirming the sale is entered, against those parties to the
14foreclosure whose interests the court has ordered terminated,
15without further notice to any party, further order of the
16court, or resort to proceedings under any other statute other
17than this Article. This right to possession shall be limited by
18the provisions governing entering and enforcing orders of
19possession under subsection (g) of Section 15-1508. If the
20holder or purchaser determines that there are occupants of the
21mortgaged real estate who have not been made parties to the
22foreclosure and had their interests terminated therein, the
23holder or purchaser may bring a proceeding under subsection (h)
24of this Section or under Article 9 of this Code to terminate
25the rights of possession of any such occupants. The holder or
26purchaser shall not be entitled to proceed against any such



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1occupant under Article 9 of this Code until after 30 days after
2the order confirming the sale is entered.
3    (e) Termination of Leases. A lease of all or any part of
4the mortgaged real estate shall not be terminated automatically
5solely by virtue of the entry into possession by (i) a
6mortgagee or receiver prior to the entry of an order confirming
7the sale, (ii) the holder of the certificate of sale, (iii) the
8holder of the deed issued pursuant to that certificate, or (iv)
9if no certificate or deed was issued, the purchaser at the
11    (f) Other Statutes; Instruments. The provisions of this
12Article providing for possession of mortgaged real estate shall
13supersede any other inconsistent statutory provisions. In
14particular, and without limitation, whenever a receiver is
15sought to be appointed in any action in which a foreclosure is
16also pending, a receiver shall be appointed only in accordance
17with this Article. Except as may be authorized by this Article,
18no mortgage or other instrument may modify or supersede the
19provisions of this Article.
20    (g) Certain Leases. Leases of the mortgaged real estate
21entered into by a mortgagee in possession or a receiver and
22approved by the court in a foreclosure shall be binding on all
23parties, including the mortgagor after redemption, the
24purchaser at a sale pursuant to a judgment of foreclosure and
25any person acquiring an interest in the mortgaged real estate
26after entry of a judgment of foreclosure in accordance with



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1Sections 15-1402 and 15-1403.
2    (h) Proceedings Against Certain Occupants.
3        (1) The mortgagee-in-possession of the mortgaged real
4    estate under Section 15-1703, a receiver appointed under
5    Section 15-1704, a holder of the certificate of sale or
6    deed, or the purchaser may, at any time during the pendency
7    of the foreclosure and up to 90 days after the date of the
8    order confirming the sale, file a supplemental petition for
9    possession against a person not personally named as a party
10    to the foreclosure. The supplemental petition for
11    possession shall name each such occupant against whom
12    possession is sought and state the facts upon which the
13    claim for relief is premised.
14        (2) The petitioner shall serve upon each named occupant
15    the petition, a notice of hearing on the petition, and, if
16    any, a copy of the certificate of sale or deed. The
17    proceeding for the termination of such occupant's
18    possessory interest, including service of the notice of the
19    hearing and the petition, shall in all respects comport
20    with the requirements of Article 9 of this Code, except as
21    otherwise specified in this Section. The hearing shall be
22    no less than 21 days from the date of service of the
23    notice.
24        (3) The supplemental petition shall be heard as part of
25    the foreclosure proceeding and without the payment of
26    additional filing fees. An order for possession obtained



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1    under this Section shall name each occupant whose interest
2    has been terminated, shall recite that it is only effective
3    as to the occupant so named and those holding under them,
4    and shall be enforceable for no more than 120 days after
5    its entry, except that the 120-day period may be extended
6    to the extent and in the manner provided in Section 9-117
7    of Article 9 and except as provided in item (4) of this
8    subsection (h).
9        (4) In a case of foreclosure where the occupant is
10    current on his or her rent, or where timely written notice
11    of to whom and where the rent is to be paid has not been
12    provided to the occupant, or where the occupant has made
13    good-faith efforts to make rental payments in order to keep
14    current, any order of possession must allow the occupant to
15    retain possession of the property covered in his or her
16    rental agreement (i) for 120 days following the notice of
17    the hearing on the supplemental petition that has been
18    properly served upon the occupant, or (ii) through the
19    duration of his or her lease, whichever is shorter,
20    provided that if the duration of his or her lease is less
21    than 30 days from the date of the order, the order shall
22    allow the occupant to retain possession for 30 days from
23    the date of the order. A mortgagee in possession, receiver,
24    holder of a certificate of sale or deed, or purchaser at
25    the judicial sale, who asserts that the occupant is not
26    current in rent, shall file an affidavit to that effect in



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1    the supplemental petition proceeding. If the occupant has
2    been given timely written notice of to whom and where the
3    rent is to be paid, this item (4) shall only apply if the
4    occupant continues to pay his or her rent in full during
5    the 120-day period or has made good-faith efforts to pay
6    the rent in full during that period. No
7    mortgagee-in-possession, receiver or holder of a
8    certificate of sale or deed, or purchaser who fails to file
9    a supplemental petition under this subsection during the
10    pendency of a mortgage foreclosure shall file a forcible
11    entry and detainer action against an occupant of the
12    mortgaged real estate until 90 days after a notice of
13    intent to file such action has been properly served upon
14    the occupant.
15        (5) The court records relating to a supplemental
16    petition for possession filed under this subsection (h)
17    against an occupant who is entitled to notice under item
18    (4) of this subsection (h), or relating to a forcible entry
19    and detainer action brought against an occupant who would
20    have lawful possession of the premises but for the
21    foreclosure of a mortgage on the property, shall be ordered
22    sealed and shall not be disclosed to any person, other than
23    a law enforcement officer or any other representative of a
24    governmental entity, except upon further order of the
25    court.
26(Source: P.A. 95-262, eff. 1-1-08; 95-933, eff. 8-26-08; 96-60,



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1eff. 7-23-09; 96-111, eff. 10-29-09; 96-1000, eff. 7-2-10.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".