Public Act 100-0407
 
SB0647 EnrolledLRB100 07145 HEP 17204 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 Code of Civil Procedure is amended  by 
changing Sections 15-1504.1 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 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, 2020 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 
        administrative expenses related to          implementation of 
        this subsection (a-5). 
        (3) Until January 1, 2020 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).
        (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, 2020 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. 97-333, eff. 8-12-11; 97-1164, eff. 6-1-13; 
98-20, eff. 6-11-13.)
 
    (735 ILCS 5/15-1507.1)
    (Section scheduled to be repealed on March 2, 2017)
    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 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 are operative 
and shall become inoperative on January 1, 2020 2017. This 
Section is repealed on March 2, 2020 2017.
    (e) All actions taken in the collection and remittance of 
fees under this Section before the effective date of this 
amendatory Act of the 100th General Assembly are ratified, 
validated, and confirmed. 

(Source: P.A. 98-20, eff. 6-11-13; 99-493, eff. 12-17-15.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.