Illinois General Assembly

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 Bill Status of SB0056  98th General Assembly


Short Description:  CIV PRO-HOMEOWNER PROTECTION

Senate Sponsors
Sen. Jacqueline Y. Collins - Napoleon Harris, III - Mattie Hunter, Heather A. Steans, Patricia Van Pelt, John G. Mulroe, Terry Link, Andy Manar, Ira I. Silverstein, Iris Y. Martinez and Steve Stadelman

House Sponsors
(Rep. Kelly M. Cassidy - Elizabeth Hernandez - Mike Smiddy - Sara Feigenholtz - Christian L. Mitchell, Frances Ann Hurley, Michael J. Zalewski, Cynthia Soto, Marcus C. Evans, Jr., Ann Williams, Deborah Mell and Barbara Flynn Currie)

Last Action
DateChamber Action
  8/21/2013SenatePublic Act . . . . . . . . . 98-0514

Statutes Amended In Order of Appearance
735 ILCS 5/15-1502.5


Synopsis As Introduced
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that a Section concerning homeowner protection is repealed July 1, 2023 (instead of July 1, 2013). Effective immediately.

Senate Committee Amendment No. 1
Provides that the Section concerning homeowner protection is repealed July 1, 2016 (instead of July 1, 2023).

House Committee Amendment No. 1
Adds reference to:
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 5/15-1224 new
735 ILCS 5/15-1225 new
735 ILCS 5/15-1501from Ch. 110, par. 15-1501
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

Replaces everything after the enacting clause. 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 at the end of the term of the lease agreement by no less than 90 days' written notice or in the case of a month to month or week to week tenancy, by 90 days' written notice. Provides that a deficiency judgment may not be sought or entered against a deceased mortgagor. 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. Effective 90 days after becoming law.

House Committee Amendment No. 2
Makes a change in a statutory cross-reference relating to bona fide leases.

Actions 
DateChamber Action
  1/16/2013SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  1/16/2013SenateFirst Reading
  1/16/2013SenateReferred to Assignments
  1/30/2013SenateAssigned to Financial Institutions
  2/4/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  2/4/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  2/7/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Financial Institutions
  2/28/2013SenateSenate Committee Amendment No. 1 Adopted
  2/28/2013SenateDo Pass as Amended Financial Institutions; 008-000-000
  2/28/2013SenatePlaced on Calendar Order of 2nd Reading March 1, 2013
  3/1/2013SenateSecond Reading
  3/1/2013SenatePlaced on Calendar Order of 3rd Reading March 5, 2013
  3/5/2013SenateAdded as Co-Sponsor Sen. Heather A. Steans
  3/7/2013SenateAdded as Co-Sponsor Sen. Patricia Van Pelt
  3/7/2013SenateAdded as Chief Co-Sponsor Sen. Napoleon Harris, III
  3/7/2013SenateAdded as Co-Sponsor Sen. John G. Mulroe
  3/12/2013SenateAdded as Co-Sponsor Sen. Terry Link
  3/12/2013SenateAdded as Co-Sponsor Sen. Andy Manar
  3/12/2013SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  3/13/2013SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  3/13/2013SenateAdded as Co-Sponsor Sen. Iris Y. Martinez
  3/13/2013SenateAdded as Co-Sponsor Sen. Steve Stadelman
  3/13/2013SenateThird Reading - Passed; 055-000-000
  3/13/2013HouseArrived in House
  3/13/2013HouseChief House Sponsor Rep. Michael J. Zalewski
  3/13/2013HouseFirst Reading
  3/13/2013HouseReferred to Rules Committee
  5/8/2013HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley
  5/9/2013HouseAlternate Chief Sponsor Changed to Rep. Kelly M. Cassidy
  5/20/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/20/2013HouseAssigned to Judiciary
  5/20/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  5/20/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/21/2013HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  5/21/2013HouseMotion Filed to Suspend Rule 21 Judiciary; Rep. Barbara Flynn Currie
  5/21/2013HouseMotion to Suspend Rule 21 - Prevailed
  5/21/2013HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
  5/21/2013HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/22/2013HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary
  5/22/2013HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  5/22/2013HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Hernandez
  5/22/2013HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  5/22/2013HouseHouse Committee Amendment No. 2 Adopted in Judiciary; by Voice Vote
  5/22/2013HouseDo Pass as Amended / Short Debate Judiciary; 016-000-000
  5/23/2013HousePlaced on Calendar 2nd Reading - Short Debate
  5/23/2013HouseSecond Reading - Short Debate
  5/23/2013HouseHeld on Calendar Order of Second Reading - Short Debate
  5/24/2013HouseFinal Action Deadline Extended-9(b) May 31, 2013
  5/27/2013HouseAdded Alternate Chief Co-Sponsor Rep. Mike Smiddy
  5/28/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2013HouseAdded Alternate Chief Co-Sponsor Rep. Sara Feigenholtz
  5/29/2013HouseThird Reading - Short Debate - Passed 117-000-000
  5/29/2013HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/29/2013HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/29/2013HouseAdded Alternate Co-Sponsor Rep. Ann Williams
  5/29/2013HouseAdded Alternate Co-Sponsor Rep. Deborah Mell
  5/29/2013HouseAdded Alternate Chief Co-Sponsor Rep. Christian L. Mitchell
  5/29/2013HouseAdded Alternate Co-Sponsor Rep. Barbara Flynn Currie
  5/29/2013SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/29/2013SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 30, 2013
  5/29/2013SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/29/2013SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/29/2013SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/29/2013SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/30/2013SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Financial Institutions
  5/30/2013SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Financial Institutions
  5/30/2013SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/30/2013SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/30/2013SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments
  5/30/2013SenateHouse Committee Amendment No. 2 Motion to Concur Assignments Referred to Executive
  5/30/2013SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000
  5/30/2013SenateHouse Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 013-000-000
  5/31/2013SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-000
  5/31/2013SenateHouse Committee Amendment No. 2 Senate Concurs 058-000-000
  5/31/2013SenatePassed Both Houses
  6/28/2013SenateSent to the Governor
  8/21/2013SenateGovernor Approved
  8/21/2013SenateEffective Date November 19, 2013
  8/21/2013SenatePublic Act . . . . . . . . . 98-0514

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