Illinois General Assembly - Bill Status for SB1602
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 Bill Status of SB1602  98th General Assembly

Short Description:  FORECLOSURES: OCCUPANT RIGHTS

Senate Sponsors
Sen. Jacqueline Y. Collins - Iris Y. Martinez - Mattie Hunter, William Delgado, Toi W. Hutchinson and Steve Stadelman

Last Action
DateChamber Action
  1/13/2015SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/9-121
735 ILCS 5/9-205from Ch. 110, par. 9-205
735 ILCS 5/9-207from Ch. 110, par. 9-207
735 ILCS 5/9-207.5 new
735 ILCS 5/15-1202.5
735 ILCS 5/15-1506from Ch. 110, par. 15-1506
735 ILCS 5/15-1508from Ch. 110, par. 15-1508
735 ILCS 5/15-1508.5
735 ILCS 5/15-1701from Ch. 110, par. 15-1701
735 ILCS 5/15-1703from Ch. 110, par. 15-1703
735 ILCS 5/15-1704from Ch. 110, par. 15-1704


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that in the case of a foreclosure, the landlord may terminate a tenancy established prior to the confirmation of sale only (i) at the end of the term of the lease agreement by written notice issued not earlier than 90 days prior to the end of the term of the lease; or (ii) in the case of a month to month or week to week tenancy, by 90 days' written notice. Provides that the entry of a judgment of foreclosure shall not terminate or otherwise affect the rights or interest of any occupant of a dwelling unit who has a lease or tenancy resulting from an arm's length transaction and who is not the mortgagor, whether or not the occupant has been made a party in the foreclosure. Provides that the holder of the certificate of sale, the holder of the deed issued pursuant to that certificate, or if no certificate or deed was issued, the purchaser at the sale shall: (i) assume the lease or tenancy of the mortgaged real estate resulting from an arm's length transaction entered into prior to the confirmation of sale; (ii) assume any federal, state, or local housing subsidy contract for the dwelling unit for the duration of the contract or the assumed lease, whichever is shorter; (iii) assume his or her interest in the mortgaged real estate subject to the rights of any occupant; and (iv) not terminate the occupancy or any occupant's tenancy except as otherwise provided in the Code. Provides that the purchaser who offers money or other valuable consideration to an occupant of a dwelling unit as an incentive to vacate the premises shall tender the offer in accordance with specified conditions. Makes corresponding changes. Effective immediately.

Actions 
DateChamber Action
  2/13/2013SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  2/13/2013SenateFirst Reading
  2/13/2013SenateReferred to Assignments
  2/14/2013SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  2/27/2013SenateAssigned to Judiciary
  2/28/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  2/28/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/28/2013SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  2/28/2013SenateAdded as Co-Sponsor Sen. William Delgado
  3/5/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/5/2013SenatePostponed - Judiciary
  3/7/2013SenateAdded as Co-Sponsor Sen. John G. Mulroe
  3/19/2013SenateSponsor Removed Sen. John G. Mulroe
  3/19/2013SenatePostponed - Judiciary
  3/21/2013SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson
  3/22/2013SenateRule 2-10 Committee Deadline Established As April 19, 2013
  3/26/2013SenateAdded as Co-Sponsor Sen. Steve Stadelman
  4/11/2013SenatePostponed - Judiciary
  4/11/2013SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  4/15/2013SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/15/2013SenateSenate Committee Amendment No. 2 Referred to Assignments
  4/16/2013SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  4/19/2013SenateRule 3-9(a) / Re-referred to Assignments
  4/19/2013SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  4/19/2013SenateSenate Committee Amendment No. 2 Rule 3-9(a) / Re-referred to Assignments
  1/13/2015SenateSession Sine Die

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