Illinois General Assembly - Full Text of HB3360
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Full Text of HB3360  101st General Assembly

HB3360ham002 101ST GENERAL ASSEMBLY

Rep. Arthur Turner

Filed: 3/20/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3360

2    AMENDMENT NO. ______. Amend House Bill 3360 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Sections 15-1504.1 and by reenacting and changing
6Section 15-1507.1 as follows:
 
7    (735 ILCS 5/15-1504.1)
8    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
9Program Fund, Foreclosure Prevention Program Graduated Fund,
10and Abandoned Residential Property Municipality Relief Fund.
11    (a) Fee paid by all plaintiffs with respect to residential
12real estate. With respect to residential real estate, at the
13time of the filing of a foreclosure complaint, the plaintiff
14shall pay to the clerk of the court in which the foreclosure
15complaint is filed a fee of $50 for deposit into the
16Foreclosure Prevention Program Fund, a special fund created in

 

 

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1the State treasury. The clerk shall remit the fee collected
2pursuant to this subsection (a) to the State Treasurer to be
3expended for the purposes set forth in Section 7.30 of the
4Illinois Housing Development Act. All fees paid by plaintiffs
5to the clerk of the court as provided in this subsection (a)
6shall be disbursed within 60 days after receipt by the clerk of
7the court as follows: (i) 98% to the State Treasurer for
8deposit into the Foreclosure Prevention Program Fund, and (ii)
92% to the clerk of the court to be retained by the clerk for
10deposit into the Circuit Court Clerk Operation and
11Administrative Fund to defray administrative expenses related
12to implementation of this subsection (a). Notwithstanding any
13other law to the contrary, the Foreclosure Prevention Program
14Fund is not subject to sweeps, administrative charge-backs, or
15any other fiscal maneuver that would in any way transfer any
16amounts from the Foreclosure Prevention Program Fund into any
17other fund of the State.
18    (a-5) Additional fee paid by plaintiffs with respect to
19residential real estate.
20        (1) Until January 1, 2025 2020, with respect to
21    residential real estate, at the time of the filing of a
22    foreclosure complaint and in addition to the fee set forth
23    in subsection (a) of this Section, the plaintiff shall pay
24    to the clerk of the court in which the foreclosure
25    complaint is filed a fee for the Foreclosure Prevention
26    Program Graduated Fund and the Abandoned Residential

 

 

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1    Property Municipality Relief Fund as follows:
2            (A) The fee shall be $500 until January 1, 2021;
3        $450 starting January 1, 2021; $400 starting January 1,
4        2022; $350 starting January 1, 2023; $300 starting
5        January 1, 2024; and $250 starting January 1, 2025 if:
6                (i) the plaintiff, together with its
7            affiliates, has filed a sufficient number of
8            foreclosure complaints so as to be included in the
9            first tier foreclosure filing category and is
10            filing the complaint on its own behalf as the
11            holder of the indebtedness; or
12                (ii) the plaintiff, together with its
13            affiliates, has filed a sufficient number of
14            foreclosure complaints so as to be included in the
15            first tier foreclosure filing category and is
16            filing the complaint on behalf of a mortgagee that,
17            together with its affiliates, has filed a
18            sufficient number of foreclosure complaints so as
19            to be included in the first tier foreclosure filing
20            category; or
21                (iii) the plaintiff is not a depository
22            institution and is filing the complaint on behalf
23            of a mortgagee that, together with its affiliates,
24            has filed a sufficient number of foreclosure
25            complaints so as to be included in the first tier
26            foreclosure filing category.

 

 

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1            (B) The fee shall be $250 until January 1, 2021;
2        $225 starting January 1, 2021; $200 starting January 1,
3        2022; $175 starting January 1, 2023; $150 starting
4        January 1, 2024; and $125 starting January 1, 2025 if:
5                (i) the plaintiff, together with its
6            affiliates, has filed a sufficient number of
7            foreclosure complaints so as to be included in the
8            second tier foreclosure filing category and is
9            filing the complaint on its own behalf as the
10            holder of the indebtedness; or
11                (ii) the plaintiff, together with its
12            affiliates, has filed a sufficient number of
13            foreclosure complaints so as to be included in the
14            first or second tier foreclosure filing category
15            and is filing the complaint on behalf of a
16            mortgagee that, together with its affiliates, has
17            filed a sufficient number of foreclosure
18            complaints so as to be included in the second tier
19            foreclosure filing category; or
20                (iii) the plaintiff, together with its
21            affiliates, has filed a sufficient number of
22            foreclosure complaints so as to be included in the
23            second tier foreclosure filing category and is
24            filing the complaint on behalf of a mortgagee that,
25            together with its affiliates, has filed a
26            sufficient number of foreclosure complaints so as

 

 

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1            to be included in the first tier foreclosure filing
2            category; or
3                (iv) the plaintiff is not a depository
4            institution and is filing the complaint on behalf
5            of a mortgagee that, together with its affiliates,
6            has filed a sufficient number of foreclosure
7            complaints so as to be included in the second tier
8            foreclosure filing category.
9            (C) The fee shall be $50 until January 1, 2021; $45
10        starting January 1, 2021; $40 starting January 1, 2022;
11        $35 starting January 1, 2023; $30 starting January 1,
12        2024; and $25 starting January 1, 2025 if:
13                (i) the plaintiff, together with its
14            affiliates, has filed a sufficient number of
15            foreclosure complaints so as to be included in the
16            third tier foreclosure filing category and is
17            filing the complaint on its own behalf as the
18            holder of the indebtedness; or
19                (ii) the plaintiff, together with its
20            affiliates, has filed a sufficient number of
21            foreclosure complaints so as to be included in the
22            first, second, or third tier foreclosure filing
23            category and is filing the complaint on behalf of a
24            mortgagee that, together with its affiliates, has
25            filed a sufficient number of foreclosure
26            complaints so as to be included in the third tier

 

 

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

 

 

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1    paragraph (1) of this subsection (a-5) to the State
2    Treasurer to be expended for the purposes set forth in
3    Sections 7.30 and 7.31 of the Illinois Housing Development
4    Act and for administrative expenses. All fees paid by
5    plaintiffs to the clerk of the court as provided in
6    paragraph (1) shall be disbursed within 60 days after
7    receipt by the clerk of the court as follows:
8            (A) 28% to the State Treasurer for deposit into the
9        Foreclosure Prevention Program Graduated Fund;
10            (B) 70% to the State Treasurer for deposit into the
11        Abandoned Residential Property Municipality Relief
12        Fund; and
13            (C) 2% to the clerk of the court to be retained by
14        the clerk for deposit into the Circuit Court Clerk
15        Operation and Administrative Fund to defray
16        administrative expenses related to implementation of
17        this subsection (a-5).
18        (3) Until January 1, 2025 2020, with respect to
19    residential real estate, at the time of the filing of a
20    foreclosure complaint, the plaintiff or plaintiff's
21    representative shall file a verified statement that states
22    which additional fee is due under paragraph (1) of this
23    subsection (a-5), unless the court has established another
24    process for a plaintiff or plaintiff's representative to
25    certify which additional fee is due under paragraph (1) of
26    this subsection (a-5).

 

 

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1        (4) If a plaintiff fails to provide the clerk of the
2    court with a true and correct statement of the additional
3    fee due under paragraph (1) of this subsection (a-5), and
4    the mortgagor reimburses the plaintiff for any erroneous
5    additional fee that was paid by the plaintiff to the clerk
6    of the court, the mortgagor may seek a refund of any
7    overpayment of the fee in an amount that shall not exceed
8    the difference between the higher additional fee paid under
9    paragraph (1) of this subsection (a-5) and the actual fee
10    due thereunder. The mortgagor must petition the judge
11    within the foreclosure action for the award of any fee
12    overpayment pursuant to this paragraph (4) of this
13    subsection (a-5), and the award shall be determined by the
14    judge and paid by the clerk of the court out of the fund
15    account into which the clerk of the court deposits fees to
16    be remitted to the State Treasurer under paragraph (2) of
17    this subsection (a-5), the timing of which refund payment
18    shall be determined by the clerk of the court based upon
19    the availability of funds in the subject fund account. This
20    refund shall be the mortgagor's sole remedy and a mortgagor
21    shall have no private right of action against the plaintiff
22    or plaintiff's representatives if the additional fee paid
23    by the plaintiff was erroneous.
24        (5) This subsection (a-5) is inoperative on and after
25    January 1, 2025 2020.
26    (b) Not later than March 1 of each year, the clerk of the

 

 

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1court shall submit to the Illinois Housing Development
2Authority a report of the funds collected and remitted pursuant
3to this Section during the preceding year.
4    (c) As used in this Section:
5    "Affiliate" means any company that controls, is controlled
6by, or is under common control with another company.
7    "Approved counseling agency" and "approved housing
8counseling" have the meanings ascribed to those terms in
9Section 7.30 of the Illinois Housing Development Act.
10    "Depository institution" means a bank, savings bank,
11savings and loan association, or credit union chartered,
12organized, or holding a certificate of authority to do business
13under the laws of this State, another state, or the United
14States.
15    "First tier foreclosure filing category" is a
16classification that only applies to a plaintiff that has filed
17175 or more foreclosure complaints on residential real estate
18located in Illinois during the calendar year immediately
19preceding the date of the filing of the subject foreclosure
20complaint.
21    "Second tier foreclosure filing category" is a
22classification that only applies to a plaintiff that has filed
23at least 50, but no more than 174, foreclosure complaints on
24residential real estate located in Illinois during the calendar
25year immediately preceding the date of the filing of the
26subject foreclosure complaint.

 

 

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1    "Third tier foreclosure filing category" is a
2classification that only applies to a plaintiff that has filed
3no more than 49 foreclosure complaints on residential real
4estate located in Illinois during the calendar year immediately
5preceding the date of the filing of the subject foreclosure
6complaint.
7    (d) In no instance shall the fee set forth in subsection
8(a-5) be assessed for any foreclosure complaint filed before
9the effective date of this amendatory Act of the 97th General
10Assembly.
11    (e) Notwithstanding any other law to the contrary, the
12Abandoned Residential Property Municipality Relief Fund is not
13subject to sweeps, administrative charge-backs, or any other
14fiscal maneuver that would in any way transfer any amounts from
15the Abandoned Residential Property Municipality Relief Fund
16into any other fund of the State.
17(Source: P.A. 100-407, eff. 8-25-17.)
 
18    (735 ILCS 5/15-1507.1)
19    Sec. 15-1507.1. Judicial sale fee for Abandoned
20Residential Property Municipality Relief Fund.
21    (a) Upon and at the sale of residential real estate under
22Section 15-1507, the purchaser shall pay to the person
23conducting the sale pursuant to Section 15-1507 a fee for
24deposit into the Abandoned Residential Property Municipality
25Relief Fund, a special fund created in the State treasury. The

 

 

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1fee shall be calculated at the rate of $1 for each $1,000 or
2fraction thereof of the amount paid by the purchaser to the
3person conducting the sale, as reflected in the receipt of sale
4issued to the purchaser, provided that in no event shall the
5fee exceed $300. No fee shall be paid by the mortgagee
6acquiring the residential real estate pursuant to its credit
7bid at the sale or by any mortgagee, judgment creditor, or
8other lienor acquiring the residential real estate whose rights
9in and to the residential real estate arose prior to the sale.
10Upon confirmation of the sale under Section 15-1508, the person
11conducting the sale shall remit the fee to the clerk of the
12court in which the foreclosure case is pending. The clerk shall
13remit the fee to the State Treasurer as provided in this
14Section, to be expended for the purposes set forth in Section
157.31 of the Illinois Housing Development Act.
16    (b) All fees paid by purchasers as provided in this Section
17shall be disbursed within 60 days after receipt by the clerk of
18the court as follows: (i) 98% to the State Treasurer for
19deposit into the Abandoned Residential Property Municipality
20Relief Fund, and (ii) 2% to the clerk of the court to be
21retained by the clerk for deposit into the Circuit Court Clerk
22Operation and Administrative Fund to defray administrative
23expenses related to implementation of this Section.
24    (c) Not later than March 1 of each year, the clerk of the
25court shall submit to the Illinois Housing Development
26Authority a report of the funds collected and remitted during

 

 

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1the preceding year pursuant to this Section.
2    (d) Subsections (a) and (b) of this Section are operative
3and shall become inoperative on January 1, 2025 2017. This
4Section is repealed on March 2, 2025 2017.
5    (e) All actions taken in the collection and remittance of
6fees under this Section before the effective date of this
7amendatory Act of the 101st General Assembly are ratified,
8validated, and confirmed.
9(Source: P.A. 98-20, eff. 6-11-13; 99-493, eff. 12-17-15.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".