Public Act 098-0020
 
SB1674 EnrolledLRB098 08582 HEP 38699 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Housing Development Act is amended
by changing Sections 7.30 and 7.31 as follows:
 
    (20 ILCS 3805/7.30)
    (Text of Section after amendment by P.A. 97-1164)
    Sec. 7.30. Foreclosure Prevention Program.
    (a) The Authority shall establish and administer a
Foreclosure Prevention Program. The Authority shall use moneys
in the Foreclosure Prevention Program Fund, and any other funds
appropriated for this purpose, to make grants to (i) approved
counseling agencies for approved housing counseling and (ii)
approved community-based organizations for approved
foreclosure prevention outreach programs. The Authority shall
promulgate rules to implement this Program and may adopt
emergency rules as soon as practicable to begin implementation
of the Program.
    (b) Subject to appropriation and the annual receipt of
funds, the Authority shall make grants from the Foreclosure
Prevention Program Fund derived from fees paid as specified in
subsection (a) of Section 15-1504.1 of the Code of Civil
Procedure as follows:
        (1) 25% of the moneys in the Fund shall be used to make
    grants to approved counseling agencies that provide
    services in Illinois outside of the City of Chicago. Grants
    shall be based upon the number of foreclosures filed in an
    approved counseling agency's service area, the capacity of
    the agency to provide foreclosure counseling services, and
    any other factors that the Authority deems appropriate.
        (2) 25% of the moneys in the Fund shall be distributed
    to the City of Chicago to make grants to approved
    counseling agencies located within the City of Chicago for
    approved housing counseling or to support foreclosure
    prevention counseling programs administered by the City of
    Chicago.
        (3) 25% of the moneys in the Fund shall be used to make
    grants to approved community-based organizations located
    outside of the City of Chicago for approved foreclosure
    prevention outreach programs.
        (4) 25% of the moneys in the Fund shall be used to make
    grants to approved community-based organizations located
    within the City of Chicago for approved foreclosure
    prevention outreach programs, with priority given to
    programs that provide door-to-door outreach.
    (b-1) Subject to appropriation and the annual receipt of
funds, the Authority shall make grants from the Foreclosure
Prevention Program Graduated Fund derived from fees paid as
specified in paragraph (1) of subsection (a-5) of Section
15-1504.1 of the Code of Civil Procedure, as follows:
        (1) 30% shall be used to make grants for approved
    housing counseling in Cook County outside of the City of
    Chicago;
        (2) 25% shall be used to make grants for approved
    housing counseling in the City of Chicago;
        (3) 30% shall be used to make grants for approved
    housing counseling in DuPage, Kane, Lake, McHenry, and Will
    Counties; and
        (4) 15% shall be used to make grants for approved
    housing counseling in Illinois in counties other than Cook,
    DuPage, Kane, Lake, McHenry, and Will Counties provided
    that grants to provide approved housing counseling to
    borrowers residing within these counties shall be based, to
    the extent practicable, (i) proportionately on the amount
    of fees paid to the respective clerks of the courts within
    these counties and (ii) on any other factors that the
    Authority deems appropriate.
    The percentages set forth in this subsection (b-1) shall be
calculated after deduction of reimbursable administrative
expenses incurred by the Authority, but shall not be greater
than 4% of the annual appropriated amount.
    (b-5) As used in this Section:
    "Approved community-based organization" means a
not-for-profit entity that provides educational and financial
information to residents of a community through in-person
contact. "Approved community-based organization" does not
include a not-for-profit corporation or other entity or person
that provides legal representation or advice in a civil
proceeding or court-sponsored mediation services, or a
governmental agency.
    "Approved foreclosure prevention outreach program" means a
program developed by an approved community-based organization
that includes in-person contact with residents to provide (i)
pre-purchase and post-purchase home ownership counseling, (ii)
education about the foreclosure process and the options of a
mortgagor in a foreclosure proceeding, and (iii) programs
developed by an approved community-based organization in
conjunction with a State or federally chartered financial
institution.
    "Approved counseling agency" means a housing counseling
agency approved by the U.S. Department of Housing and Urban
Development.
    "Approved housing counseling" means in-person counseling
provided by a counselor employed by an approved counseling
agency to all borrowers, or documented telephone counseling
where a hardship would be imposed on one or more borrowers. A
hardship shall exist in instances in which the borrower is
confined to his or her home due to a medical condition, as
verified in writing by a physician, or the borrower resides 50
miles or more from the nearest approved counseling agency. In
instances of telephone counseling, the borrower must supply all
necessary documents to the counselor at least 72 hours prior to
the scheduled telephone counseling session.
    (c) (Blank).
    (c-5) Where the jurisdiction of an approved counseling
agency is included within more than one of the geographic areas
set forth in this Section, the Authority may elect to fully
fund the applicant from one of the relevant geographic areas.
(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
 
    (20 ILCS 3805/7.31)
    Sec. 7.31. Abandoned Residential Property Municipality
Relief Program.
    (a) The Authority shall establish and administer an
Abandoned Residential Property Municipality Relief Program.
The Authority shall use moneys in the Abandoned Residential
Property Municipality Relief Fund, and any other funds
appropriated for this purpose, to make grants to municipalities
and to counties to assist with costs incurred by the
municipality or county for: cutting of neglected weeds or
grass, trimming of trees or bushes, and removal of nuisance
bushes or trees; extermination of pests or prevention of the
ingress of pests; removal of garbage, debris, and graffiti;
boarding up, closing off, or locking windows or entrances or
otherwise making the interior of a building inaccessible to the
general public; surrounding part or all of an abandoned
residential property's underlying parcel with a fence or wall
or otherwise making part or all of the abandoned residential
property's underlying parcel inaccessible to the general
public; demolition of abandoned residential property; and
repair or rehabilitation of abandoned residential property, as
approved by the Authority under the Program. For purposes of
this subsection (a), "pests" has the meaning ascribed to that
term in subsection (c) of Section 11-20-8 of the Illinois
Municipal Code. The Authority shall promulgate rules for the
administration, operation, and maintenance of the Program and
may adopt emergency rules as soon as practicable to begin
implementation of the Program.
    (b) Subject to appropriation and the annual receipt of
funds, the Authority shall make grants from the Abandoned
Residential Property Municipality Relief Fund derived from
fees paid as specified in paragraph (1) of subsection (a-5) of
Section 15-1504.1 and subsection (a) of Section 15-1507.1 of
the Code of Civil Procedure as follows:
        (1) 30% of the moneys in the Fund shall be used to make
    grants to municipalities other than the City of Chicago in
    Cook County and to Cook County;
        (2) 25% of the moneys in the Fund shall be used to make
    grants to the City of Chicago;
        (3) 30% of the moneys in the Fund shall be used to make
    grants to municipalities in DuPage, Kane, Lake, McHenry and
    Will Counties, and to those counties; and
        (4) 15% of the moneys in the Fund shall be used to make
    grants to municipalities in Illinois in counties other than
    Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and
    to counties other than Cook, DuPage, Kane, Lake, McHenry,
    and Will Counties. Grants distributed to the
    municipalities and counties shall be based on (i) areas of
    greatest need within these counties, which shall be
    determined, to the extent practicable, proportionately on
    the amount of fees paid to the respective clerks of the
    courts within these counties, and (ii) on any other factors
    that the Authority deems appropriate. Grants distributed
    to the municipalities and counties identified in this
    paragraph (4) shall be based (i) proportionately on the
    amount of fees paid to the respective clerks of the courts
    within these counties and (ii) on any other factors that
    the Authority deems appropriate.
    The percentages set forth in this subsection (b) shall be
calculated after deduction of reimbursable administrative
expenses incurred by the Authority, but shall not be greater
than 4% of the annual appropriated amount.
    (c) Where the jurisdiction of a municipality is included
within more than one of the geographic areas set forth in this
Section, the Authority may elect to fully fund the municipality
from one of the relevant geographic areas.
(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
 
    Section 10. The State Finance Act is amended by adding
Section 5.826 as follows:
 
    (30 ILCS 105/5.826 new)
    Sec. 5.826. The Foreclosure Prevention Program Graduated
Fund.
 
    Section 15. The Code of Civil Procedure is amended by
changing Sections 15-1504.1, 15-1505.8, and 15-1507.1 as
follows:
 
    (735 ILCS 5/15-1504.1)
    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
Program Fund, Foreclosure Prevention Program Graduated Fund,
and Abandoned Residential Property Municipality Relief Fund.
    (a) Fee paid by all plaintiffs with respect to residential
real estate. With respect to residential real estate, at the
time of the filing of a foreclosure complaint, the plaintiff
shall pay to the clerk of the court in which the foreclosure
complaint is filed a fee of $50 for deposit into the
Foreclosure Prevention Program Fund, a special fund created in
the State treasury. The clerk shall remit the fee collected
pursuant to this subsection (a) to the State Treasurer to be
expended for the purposes set forth in Section 7.30 of the
Illinois Housing Development Act. All fees paid by plaintiffs
to the clerk of the court as provided in this subsection (a)
shall be disbursed within 60 days after receipt by the clerk of
the court as follows: (i) 98% to the State Treasurer for
deposit into the Foreclosure Prevention Program Fund, and (ii)
2% to the clerk of the court to be retained by the clerk for
deposit into the Circuit Court Clerk Operation and
Administrative Fund to defray for administrative expenses
related to implementation of this subsection (a).
Notwithstanding any other law to the contrary, the Foreclosure
Prevention Program Fund is not subject to sweeps,
administrative charge-backs, or any other fiscal maneuver that
would in any way transfer any amounts from the Foreclosure
Prevention Program Fund into any other fund of the State.
    (a-5) Additional fee paid by plaintiffs with respect to
residential real estate.
        (1) Until January 1, 2018, with respect to residential
    real estate, at the time of the filing of a foreclosure
    complaint and in addition to the fee set forth in
    subsection (a) of this Section, the plaintiff shall pay to
    the clerk of the court in which the foreclosure complaint
    is filed a fee for the Foreclosure Prevention Program
    Graduated Fund and the Abandoned Residential Property
    Municipality Relief Fund as follows:
            (A) The fee shall be $500 if:
                (i) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first tier foreclosure filing category and is
            filing the complaint on its own behalf as the
            holder of the indebtedness; or
                (ii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the first tier foreclosure filing
            category; or
                (iii) the plaintiff is not a depository
            institution and is filing the complaint on behalf
            of a mortgagee that, together with its affiliates,
            has filed a sufficient number of foreclosure
            complaints so as to be included in the first tier
            foreclosure filing category.
            (B) The fee shall be $250 if:
                (i) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            second tier foreclosure filing category and is
            filing the complaint on its own behalf as the
            holder of the indebtedness; or
                (ii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first or second tier foreclosure filing category
            and is filing the complaint on behalf of a
            mortgagee that, together with its affiliates, has
            filed a sufficient number of foreclosure
            complaints so as to be included in the second tier
            foreclosure filing category; or
                (iii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            second tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the first tier foreclosure filing
            category; or
                (iv) the plaintiff is not a depository
            institution and is filing the complaint on behalf
            of a mortgagee that, together with its affiliates,
            has filed a sufficient number of foreclosure
            complaints so as to be included in the second tier
            foreclosure filing category.
            (C) The fee shall be $50 if:
                (i) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            third tier foreclosure filing category and is
            filing the complaint on its own behalf as the
            holder of the indebtedness; or
                (ii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            first, second, or third tier foreclosure filing
            category and is filing the complaint on behalf of a
            mortgagee that, together with its affiliates, has
            filed a sufficient number of foreclosure
            complaints so as to be included in the third tier
            foreclosure filing category; or
                (iii) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            third tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the first tier foreclosure filing
            category; or
                (iv) the plaintiff, together with its
            affiliates, has filed a sufficient number of
            foreclosure complaints so as to be included in the
            third tier foreclosure filing category and is
            filing the complaint on behalf of a mortgagee that,
            together with its affiliates, has filed a
            sufficient number of foreclosure complaints so as
            to be included in the second tier foreclosure
            filing category; or
                (v) the plaintiff is not a depository
            institution and is filing the complaint on behalf
            of a mortgagee that, together with its affiliates,
            has filed a sufficient number of foreclosure
            complaints so as to be included in the third tier
            foreclosure filing category.
        (2) The clerk shall remit the fee collected pursuant to
    paragraph (1) of this subsection (a-5) to the State
    Treasurer to be expended for the purposes set forth in
    Sections 7.30 and 7.31 of the Illinois Housing Development
    Act and for administrative expenses. All fees paid by
    plaintiffs to the clerk of the court as provided in
    paragraph (1) shall be disbursed within 60 days after
    receipt by the clerk of the court as follows:
            (A) 28% to the State Treasurer for deposit into the
        Foreclosure Prevention Program Graduated Fund;
            (B) 70% to the State Treasurer for deposit into the
        Abandoned Residential Property Municipality Relief
        Fund; and
            (C) 2% to the clerk of the court to be retained by
        the clerk for deposit into the Circuit Court Clerk
        Operation and Administrative Fund to defray for
        administrative expenses related to implementation of
        this subsection (a-5).
        (3) Until January 1, 2018, with respect to residential
    real estate, at the time of the filing of a foreclosure
    complaint, the plaintiff or plaintiff's representative
    shall file a verified statement that states which
    additional fee is due under paragraph (1) of this
    subsection (a-5), unless the court has established another
    process for a plaintiff or plaintiff's representative to
    certify which additional fee is due under paragraph (1) of
    this subsection (a-5).
        (3) To determine whether a plaintiff is subject to the
    fee as set forth in paragraph (1) of this subsection (a-5),
    a person, including the clerk of the court, may rely on:
            (A) a verified statement filed by the plaintiff at
        the time of filing the foreclosure complaint that
        states whether the plaintiff has an obligation to pay
        an additional fee as set forth in subsection (a-5) and
        if so whether the fee is due under subparagraph (A),
        (B), or (C) of paragraph (1) of subsection (a-5); or
            (B) such other processes established by the clerk
        of the court for plaintiffs to certify their
        eligibility for the exemption from the additional fee
        set forth in subsection (a-5).
        (4) If a plaintiff fails to provide the clerk of the
    court with a true and correct statement of the additional
    fee due under paragraph (1) of this subsection (a-5), and
    the mortgagor reimburses the plaintiff for any erroneous
    additional fee that was paid by the plaintiff to the clerk
    of the court, the mortgagor may seek a refund of any
    overpayment of the fee in an amount that shall not exceed
    the difference between the higher additional fee paid under
    paragraph (1) of this subsection (a-5) and the actual fee
    due thereunder. The mortgagor must petition the judge
    within the foreclosure action for the award of any fee
    overpayment pursuant to this paragraph (4) of this
    subsection (a-5), and the award shall be determined by the
    judge and paid by the clerk of the court out of the fund
    account into which the clerk of the court deposits fees to
    be remitted to the State Treasurer under paragraph (2) of
    this subsection (a-5), the timing of which refund payment
    shall be determined by the clerk of the court based upon
    the availability of funds in the subject fund account. This
    refund shall be the mortgagor's sole remedy and a mortgagor
    shall have no private right of action against the plaintiff
    or plaintiff's representatives if the additional fee paid
    by the plaintiff was erroneous.
        (5) This subsection (a-5) is inoperative on and after
    January 1, 2018.
    (b) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted pursuant
to this Section during the preceding year.
    (c) As used in this Section:
    "Affiliate" means any company that controls, is controlled
by, or is under common control with another company.
    "Approved counseling agency" and "approved housing
counseling" have the meanings ascribed to those terms in
Section 7.30 of the Illinois Housing Development Act.
    "Depository institution" means a bank, savings bank,
savings and loan association, or credit union chartered,
organized, or holding a certificate of authority to do business
under the laws of this State, another state, or the United
States.
    "First tier foreclosure filing category" is a
classification that only applies to a plaintiff that has filed
175 or more foreclosure complaints on residential real estate
located in Illinois during the calendar year immediately
preceding the date of the filing of the subject foreclosure
complaint.
    "Second tier foreclosure filing category" is a
classification that only applies to a plaintiff that has filed
at least 50, but no more than 174, foreclosure complaints on
residential real estate located in Illinois during the calendar
year immediately preceding the date of the filing of the
subject foreclosure complaint.
    "Third tier foreclosure filing category" is a
classification that only applies to a plaintiff that has filed
no more than 49 foreclosure complaints on residential real
estate located in Illinois during the calendar year immediately
preceding the date of the filing of the subject foreclosure
complaint.
    (d) In no instance shall the fee set forth in subsection
(a-5) be assessed for any foreclosure complaint filed before
the effective date of this amendatory Act of the 97th General
Assembly.
    (e) Notwithstanding any other law to the contrary, the
Abandoned Residential Property Municipality Relief Fund is not
subject to sweeps, administrative charge-backs, or any other
fiscal maneuver that would in any way transfer any amounts from
the Abandoned Residential Property Municipality Relief Fund
into any other fund of the State.
(Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11;
97-1164, eff. 6-1-13.)
 
    (735 ILCS 5/15-1505.8)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 15-1505.8. Expedited judgment and sale procedure for
abandoned residential property.
    (a) Upon motion and notice, the mortgagee may elect to
utilize the expedited judgment and sale procedure for abandoned
residential property stated in this Section to obtain a
judgment of foreclosure pursuant to Section 15-1506. The motion
to expedite the judgment and sale may be combined with or made
part of the motion requesting a judgment of foreclosure. The
notice of the motion to expedite the judgment and sale shall be
sent by first-class mail to the last known address of the
mortgagor, and the notice required by paragraph (1) of
subsection (l) of this Section shall be posted at the property
address.
    (b) The motion requesting an expedited judgment of
foreclosure and sale may be filed by the mortgagee at the time
the foreclosure complaint is filed or any time thereafter, and
shall set forth the facts demonstrating that the mortgaged real
estate is abandoned residential real estate under Section
15-1200.5 and shall be supported by affidavit.
    (c) If a motion for an expedited judgment and sale is filed
at the time the foreclosure complaint is filed or before the
period to answer the foreclosure complaint has expired, the
motion shall be heard by the court no earlier than before the
period to answer the foreclosure complaint has expired and no
later than 21 15 days after the period to answer the
foreclosure complaint has expired.
    (d) If a motion for an expedited judgment and sale is filed
after the period to answer the foreclosure complaint has
expired, the motion shall be heard no later than 21 15 days
after the motion is filed.
    (e) The hearing shall be given priority by the court and
shall be scheduled to be heard within the applicable time
period set forth in subsection (c) or (d) of this Section.
    (f) Subject to subsection (g), at the hearing on the motion
requesting an expedited judgment and sale, if the court finds
that the mortgaged real estate is abandoned residential
property, the court shall grant the motion and immediately
proceed to a trial of the foreclosure. A judgment of
foreclosure under this Section shall include the matters
identified in Section 15-1506.
    (g) The court may not grant the motion requesting an
expedited judgment and sale if the mortgagor, an unknown owner,
or a lawful occupant appears in the action in any manner before
or at the hearing and objects to a finding of abandonment.
    (h) The court shall vacate an order issued pursuant to
subsection (f) of this Section if the mortgagor or a lawful
occupant appears in the action at any time prior to the court
issuing an order confirming the sale pursuant to subsection
(b-3) of Section 15-1508 and presents evidence establishing to
the satisfaction of the court that the mortgagor or lawful
occupant has not abandoned the mortgaged real estate.
    (i) The reinstatement period and redemption period for the
abandoned residential property shall end in accordance with
paragraph (4) of subsection (b) of Section 15-1603, and the
abandoned residential property shall be sold at the earliest
practicable time at a sale as provided in this Article.
    (j) The mortgagee or its agent may enter, secure, and
maintain abandoned residential property subject to subsection
(e-5) of Section 21-3 of the Criminal Code of 2012.
    (k) Personal property.
        (1) Upon confirmation of the sale held pursuant to
    Section 15-1507, any personal property remaining in or upon
    the abandoned residential property shall be deemed to have
    been abandoned by the owner of such personal property and
    may be disposed of or donated by the holder of the
    certificate of sale (or, if none, by the purchaser at the
    sale). In the event of donation of any such personal
    property, the holder of the certificate of sale (or, if
    none, the purchaser at the sale) may transfer such donated
    property with a bill of sale. No mortgagee or its
    successors or assigns, holder of a certificate of sale, or
    purchaser at the sale shall be liable for any such disposal
    or donation of personal property.
        (2) Notwithstanding paragraph (1) of this subsection
    (k), in the event a lawful occupant is in possession of the
    mortgaged real estate who has not been made a party to the
    foreclosure and had his or her interests terminated
    therein, any personal property of the lawful occupant shall
    not be deemed to have been abandoned, nor shall the rights
    of the lawful occupant to any personal property be
    affected.
    (l) Notices to be posted at property address.
        (1) The notice set out in this paragraph (1) of this
    subsection (l) shall be conspicuously posted at the
    property address at least 14 days before the hearing on the
    motion requesting an expedited judgment and sale and shall
    be in boldface, in at least 12 point type, and in
    substantially the following form:
 
"NOTICE TO ANY TENANT OR OTHER LAWFUL
OCCUPANT OF THIS PROPERTY

 
A lawsuit has been filed to foreclose on this property, and the
party asking to foreclose on this property has asked a judge to
find that THIS PROPERTY IS ABANDONED.
 
The judge will be holding a hearing to decide whether this
property is ABANDONED.
 
IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
CHOOSE TO GO TO THIS HEARING and explain to the judge how you
are a lawful occupant of this property.
 
If the judge is satisfied that you are a LAWFUL OCCUPANT of
this property, the court will find that this property is NOT
ABANDONED.
 
This hearing will be held in the courthouse at the following
address, date, and time:
 
Court name:..................................................
Court address:...............................................
Court room number where hearing will be held:................
(There should be a person in this room called a CLERK who can
help you. Make sure you know THIS PROPERTY'S ADDRESS.)
Date of hearing:.............................................
Time of hearing:.............................................
 
MORE INFORMATION

 
Name of lawsuit:.............................................
Number of lawsuit:...........................................
Address of this property:....................................
 
IMPORTANT

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

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

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

 
A lawsuit has been filed to foreclose on this property, and the
judge has found that THIS PROPERTY IS ABANDONED. As a result,
THIS PROPERTY HAS BEEN OR WILL BE SOLD.
 
HOWEVER, there still must be a hearing for the judge to approve
the sale. The judge will NOT APPROVE this sale if the judge
finds that any person lawfully occupies any part of this
property.
 
IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
CHOOSE TO GO TO THIS HEARING and explain to the judge how you
are a lawful occupant of this property. You also may appear
BEFORE this hearing and explain to the judge how you are a
lawful occupant of this property.
 
If the judge is satisfied that you are a LAWFUL OCCUPANT of
this property, the court will find that this property is NOT
ABANDONED, and there will be no sale of the property at this
time.
 
This hearing will be held in the courthouse at the following
address, date, and time:
 
Court name:..................................................
Court address:...............................................
Court room number where hearing will be held:................
(There should be a person in this room called a CLERK who can
help you. Make sure you know THIS PROPERTY'S ADDRESS.)
Date of hearing:.............................................
Time of hearing:.............................................
 
MORE INFORMATION

 
Name of lawsuit:.............................................
Number of lawsuit:...........................................
Address of this property:....................................
 
IMPORTANT

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

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

 
KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
(Source: P.A. 97-1164, eff. 6-1-13.)
 
    (735 ILCS 5/15-1507.1)
    (Section scheduled to be repealed on March 2, 2016)
    Sec. 15-1507.1. Judicial sale fee for Abandoned
Residential Property Municipality Relief Fund.
    (a) Upon and at the sale of residential real estate under
Section 15-1507, the purchaser shall pay to the person
conducting the sale pursuant to Section 15-1507 a fee for
deposit into the Abandoned Residential Property Municipality
Relief Fund, a special fund created in the State treasury. The
fee shall be calculated at the rate of $1 for each $1,000 or
fraction thereof of the amount paid by the purchaser to the
person conducting the sale, as reflected in the receipt of sale
issued to the purchaser, provided that in no event shall the
fee exceed $300. No fee shall be paid by the mortgagee
acquiring the residential real estate pursuant to its credit
bid at the sale or by any mortgagee, judgment creditor, or
other lienor acquiring the residential real estate whose rights
in and to the residential real estate arose prior to the sale.
Upon confirmation of the sale under Section 15-1508, the person
conducting the sale shall remit the fee to the clerk of the
court in which the foreclosure case is pending. The clerk shall
remit the fee to the State Treasurer as provided in this
Section, to be expended for the purposes set forth in Section
7.31 of the Illinois Housing Development Act.
    (b) All fees paid by purchasers as provided in this Section
shall be disbursed within 60 days after receipt by the clerk of
the court as follows: (i) 98% to the State Treasurer for
deposit into the Abandoned Residential Property Municipality
Relief Fund, and (ii) 2% to the clerk of the court to be
retained by the clerk for deposit into the Circuit Court Clerk
Operation and Administrative Fund to defray for administrative
expenses related to implementation of this Section.
    (c) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted during
the preceding year pursuant to this Section.
    (d) Subsections (a) and (b) of this Section shall become
inoperative on January 1, 2016. This Section is repealed on
March 2, 2016.
(Source: P.A. 96-1419, eff. 10-1-10.)
 
    Section 99. Effective date. This Act takes effect June 1,
2013.

Effective Date: 6/11/2013