Illinois General Assembly - Bill Status for SB0201
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 Bill Status of SB0201  103rd General Assembly


Short Description:  FORECLOSURE-SEAL FILE-COVID19

Senate Sponsors
Sen. Laura M. Murphy

House Sponsors
(Rep. Lakesia Collins and Dagmara Avelar)

Last Action
DateChamber Action
  6/9/2023SenatePublic Act . . . . . . . . . 103-0061

Statutes Amended In Order of Appearance
735 ILCS 5/15-1515 new


Synopsis As Introduced
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Requires a court file to be sealed upon the commencement of any foreclosure action during the COVID-19 emergency and economic recovery period. Provides that if a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of the amendatory Act and is not sealed, the court shall order the sealing of the court file. Provides that the amendatory Act applies to any action to foreclose a mortgage relating to (i) residential real estate, and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as the mortgagor's personal residence. Effective immediately.

Senate Committee Amendment No. 1
Adds reference to:
735 ILCS 5/15-1503from Ch. 110, par. 15-1503

Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In a provision regarding notice of foreclosure, removes language providing that, with respect to residential real estate, a copy of the notice of foreclosure shall be sent by first class mail, postage prepaid, to the municipality within the boundary of which the mortgaged real estate is located, or to the county within the boundary of which the mortgaged real estate is located if the mortgaged real estate is located in an unincorporated territory. Changes the definition of "COVID-19 emergency and economic recovery period" to mean the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19 and ending on December 31, 2021 (rather than March 31, 2023). Removes language providing that the court file shall be sealed upon the commencement of any foreclosure action during the COVID-19 emergency and economic recovery period. Provides instead that the court may seal the file, upon motion of a mortgagor, of any foreclosure action filed during the COVID-19 emergency and economic recovery period if the action is not subject to the moratoria enacted by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Department of Veterans Affairs. Provides that if an action was filed during the COVID-19 emergency and economic recovery period because it qualified under an exception to a moratorium, the action is not subject to being sealed. Effective immediately.

Actions 
DateChamber Action
  1/31/2023SenateFiled with Secretary by Sen. Laura M. Murphy
  1/31/2023SenateFirst Reading
  1/31/2023SenateReferred to Assignments
  2/7/2023SenateAssigned to Judiciary
  2/22/2023SenateTo Subcommittee on Property
  3/10/2023SenateRule 2-10 Committee Deadline Established As March 24, 2023
  3/17/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura M. Murphy
  3/17/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/21/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/21/2023SenateReported Back To Judiciary; 003-000-000
  3/21/2023SenateSenate Committee Amendment No. 1 Adopted; Judiciary
  3/22/2023SenateDo Pass as Amended Judiciary; 006-002-000
  3/22/2023SenatePlaced on Calendar Order of 2nd Reading March 23, 2023
  3/23/2023SenateSecond Reading
  3/23/2023SenatePlaced on Calendar Order of 3rd Reading March 24, 2023
  3/30/2023SenateThird Reading - Passed; 040-015-000
  3/31/2023HouseArrived in House
  3/31/2023HouseChief House Sponsor Rep. Lakesia Collins
  4/11/2023HouseFirst Reading
  4/11/2023HouseReferred to Rules Committee
  4/11/2023HouseAssigned to Judiciary - Civil Committee
  4/19/2023HouseDo Pass / Short Debate Judiciary - Civil Committee; 013-000-000
  4/19/2023HousePlaced on Calendar 2nd Reading - Short Debate
  5/3/2023HouseSecond Reading - Short Debate
  5/3/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/8/2023HouseThird Reading - Short Debate - Passed 071-032-001
  5/8/2023SenatePassed Both Houses
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Dagmara Avelar
  6/6/2023SenateSent to the Governor
  6/9/2023SenateGovernor Approved
  6/9/2023SenateEffective Date June 9, 2023
  6/9/2023SenatePublic Act . . . . . . . . . 103-0061

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