Illinois General Assembly - Bill Status for SB2432
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 Bill Status of SB2432  100th General Assembly


Short Description:  SUMMONS/FORECLOSURE PROCEEDS

Senate Sponsors
Sen. John G. Mulroe - Jason A. Barickman - Michael Connelly and Neil Anderson

House Sponsors
(Rep. Robert Martwick )

Last Action
DateChamber Action
  8/23/2018SenatePublic Act . . . . . . . . . 100-1048

Statutes Amended In Order of Appearance
735 ILCS 5/2-201from Ch. 110, par. 2-201
765 ILCS 940/50


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that a summons that otherwise complies with Supreme Court Rules and is properly served is not invalidated and the court's jurisdiction is not affected by an error in format. Provides that a summons is not defective if the named defendant is listed on a document attached to the summons. Provides that the changes to the Code of Civil Procedure are declarative of existing law set forth by the Illinois Supreme Court in Fleshner v. Copeland, 13 Ill.2d 72 (1958). Amends the Mortgage Rescue Fraud Act. Provides that it is a violation for a distressed property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed property consultant derived from litigation related to the foreclosure. Effective immediately.

Senate Floor Amendment No. 1
Adds reference to:
735 ILCS 5/2-1401from Ch. 110, par. 2-1401
735 ILCS 5/13-107from Ch. 110, par. 13-107
735 ILCS 5/13-107.1 new
735 ILCS 5/13-109from Ch. 110, par. 13-109
735 ILCS 5/13-109.1 new

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that the court's jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served. Provides that a petition to reopen a foreclosure proceeding must include as parties to the petition, but is not limited to, all parties in the original action in addition to the current record title holders of the property, current occupants, and any individual or entity that had a recorded interest in the property before the filing of the petition. Provides that when a petition is filed to reopen a foreclosure proceeding, the purchaser or successor purchaser of real property subject to a foreclosure sale who was not a party to the mortgage foreclosure proceedings is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than 6 months. Provides that actions for the recovery of real property following a foreclosure shall be brought within 2 years after possession is taken. Provides that every person in the actual possession of lands or tenements, under claim and color of title, as a purchaser following a foreclosure, and who for 2 successive years continues in possession, and also, during such time, pays all taxes legally assessed on the lands or tenements, shall be held and adjudged to be the legal owner of the lands or tenements, to the extent and according to the purport of his or her paper title. Amends the Mortgage Rescue Fraud Act. Provides that it is a violation for a distressed property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed property consultant derived from litigation related to the foreclosure. Adds language concerning applicability and severability. Effective immediately.

 Judicial Note (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State of Illinois.

 Housing Affordability Impact Note (Housing Development Authority)
 This bill may have an effect on the cost of constructing, purchasing, owning, or selling a single-family residence but there is insufficient information to determine the fiscal effect.

Actions 
DateChamber Action
  1/30/2018SenateFiled with Secretary by Sen. John G. Mulroe
  1/30/2018SenateFirst Reading
  1/30/2018SenateReferred to Assignments
  2/7/2018SenateAssigned to Judiciary
  2/13/2018SenateAdded as Chief Co-Sponsor Sen. Jason A. Barickman
  2/14/2018SenateDo Pass Judiciary; 009-000-000
  2/14/2018SenatePlaced on Calendar Order of 2nd Reading
  2/20/2018SenateSecond Reading
  2/20/2018SenatePlaced on Calendar Order of 3rd Reading February 21, 2018
  2/28/2018SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  4/13/2018SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
  4/13/2018SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/17/2018SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  4/17/2018SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 011-000-000
  4/19/2018SenateAdded as Co-Sponsor Sen. Neil Anderson
  4/19/2018SenateRecalled to Second Reading
  4/19/2018SenateSenate Floor Amendment No. 1 Adopted; Mulroe
  4/19/2018SenatePlaced on Calendar Order of 3rd Reading April 23, 2018
  4/24/2018SenateThird Reading - Passed; 050-000-000
  4/24/2018HouseArrived in House
  4/24/2018HouseChief House Sponsor Rep. Robert Martwick
  4/24/2018HouseFirst Reading
  4/24/2018HouseReferred to Rules Committee
  5/2/2018HouseAssigned to Judiciary - Civil Committee
  5/9/2018HouseTo Civil Procedure Subcommittee
  5/16/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 001-002-000; -FAILED
  5/16/2018HouseRemains in Judiciary - Civil Committee
  5/22/2018HouseTo Civil Procedure Subcommittee
  5/24/2018HouseRecommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
  5/24/2018HouseReported Back To Judiciary - Civil Committee;
  5/24/2018HouseDo Pass / Short Debate Judiciary - Civil Committee; 007-001-000
  5/24/2018HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2018HouseSecond Reading - Short Debate
  5/24/2018HouseHeld on Calendar Order of Second Reading - Short Debate
  5/25/2018HouseFinal Action Deadline Extended-9(b) May 31, 2018
  5/28/2018HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/28/2018HouseHousing Affordability Impact Note Requested by Rep. André Thapedi
  5/28/2018HouseJudicial Note Requested by Rep. André Thapedi
  5/29/2018HouseJudicial Note Filed
  5/29/2018HouseAlternate Co-Sponsor Removed Rep. Mary E. Flowers
  5/30/2018HouseHousing Affordability Impact Note Filed
  5/30/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2018HouseThird Reading - Short Debate - Passed 099-012-001
  5/30/2018HouseMotion Filed to Reconsider Vote Rep. Thaddeus Jones
  5/30/2018HouseMotion to Reconsider Vote - Withdrawn Rep. Thaddeus Jones
  5/30/2018SenatePassed Both Houses
  6/28/2018SenateSent to the Governor
  8/23/2018SenateGovernor Approved
  8/23/2018SenateEffective Date August 23, 2018
  8/23/2018SenatePublic Act . . . . . . . . . 100-1048

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