|
(1) 25% of the moneys in the Fund shall be used to make |
grants to approved counseling agencies that provide |
services in Illinois outside of the City of Chicago. Grants |
shall be based upon the number of foreclosures filed in an |
approved counseling agency's service area, the capacity of |
the agency to provide foreclosure counseling services, and |
any other factors that the Authority deems appropriate. |
(2) 25% of the moneys in the Fund shall be distributed |
to the City of Chicago to make grants to approved |
counseling agencies located within the City of Chicago for |
approved housing counseling or to support foreclosure |
prevention counseling programs administered by the City of |
Chicago. |
(3) 25% of the moneys in the Fund shall be used to make |
grants to approved community-based organizations located |
outside of the City of Chicago for approved foreclosure |
prevention outreach programs. |
(4) 25% of the moneys in the Fund shall be used to make |
grants to approved community-based organizations located |
within the City of Chicago for approved foreclosure |
prevention outreach programs, with priority given to |
programs that provide door-to-door outreach. |
(b-1) Subject to appropriation and the annual receipt of |
funds, the Authority shall make grants from the Foreclosure |
Prevention Program Graduated Fund derived from fees paid as |
specified in paragraph (1) of subsection (a-5) of Section |
|
15-1504.1 of the Code of Civil Procedure, as follows: |
(1) 30% shall be used to make grants for approved |
housing counseling in Cook County outside of the City of |
Chicago; |
(2) 25% shall be used to make grants for approved |
housing counseling in the City of Chicago; |
(3) 30% shall be used to make grants for approved |
housing counseling in DuPage, Kane, Lake, McHenry, and Will |
Counties; and |
(4) 15% shall be used to make grants for approved |
housing counseling in Illinois in counties other than Cook, |
DuPage, Kane, Lake, McHenry, and Will Counties provided |
that grants to provide approved housing counseling to |
borrowers residing within these counties shall be based, to |
the extent practicable, (i) proportionately on the amount |
of fees paid to the respective clerks of the courts within |
these counties and (ii) on any other factors that the |
Authority deems appropriate. |
The percentages set forth in this subsection (b-1) shall be |
calculated after deduction of reimbursable administrative |
expenses incurred by the Authority, but shall not be greater |
than 4% of the annual appropriated amount. |
(b-5) As used in this Section: |
"Approved community-based organization" means a |
not-for-profit entity that provides educational and financial |
information to residents of a community through in-person |
|
contact. "Approved community-based organization" does not |
include a not-for-profit corporation or other entity or person |
that provides legal representation or advice in a civil |
proceeding or court-sponsored mediation services, or a |
governmental agency. |
"Approved foreclosure prevention outreach program" means a |
program developed by an approved community-based organization |
that includes in-person contact with residents to provide (i) |
pre-purchase and post-purchase home ownership counseling, (ii) |
education about the foreclosure process and the options of a |
mortgagor in a foreclosure proceeding, and (iii) programs |
developed by an approved community-based organization in |
conjunction with a State or federally chartered financial |
institution. |
"Approved counseling agency" means a housing counseling |
agency approved by the U.S. Department of Housing and Urban |
Development. |
"Approved housing counseling" means in-person counseling |
provided by a counselor employed by an approved counseling |
agency to all borrowers, or documented telephone counseling |
where a hardship would be imposed on one or more borrowers. A |
hardship shall exist in instances in which the borrower is |
confined to his or her home due to a medical condition, as |
verified in writing by a physician, or the borrower resides 50 |
miles or more from the nearest approved counseling agency. In |
instances of telephone counseling, the borrower must supply all |
|
necessary documents to the counselor at least 72 hours prior to |
the scheduled telephone counseling session. |
(c) (Blank).
|
(c-5) Where the jurisdiction of an approved counseling |
agency is included within more than one of the geographic areas |
set forth in this Section, the Authority may elect to fully |
fund the applicant from one of the relevant geographic areas. |
(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
|
(20 ILCS 3805/7.31) |
Sec. 7.31. Abandoned Residential Property Municipality |
Relief Program. |
(a) The Authority shall establish and administer an |
Abandoned Residential Property Municipality Relief Program. |
The Authority shall use moneys in the Abandoned Residential |
Property Municipality Relief Fund, and any other funds |
appropriated for this purpose, to make grants to municipalities |
and to counties to assist with costs incurred by the |
municipality or county for: cutting of neglected weeds or |
grass, trimming of trees or bushes, and removal of nuisance |
bushes or trees; extermination of pests or prevention of the |
ingress of pests; removal of garbage, debris, and graffiti; |
boarding up, closing off, or locking windows or entrances or |
otherwise making the interior of a building inaccessible to the |
general public; surrounding part or all of an abandoned |
residential property's underlying parcel with a fence or wall |
|
or otherwise making part or all of the abandoned residential |
property's underlying parcel inaccessible to the general |
public; demolition of abandoned residential property; and |
repair or rehabilitation of abandoned residential property, as |
approved by the Authority under the Program. For purposes of |
this subsection (a), "pests" has the meaning ascribed to that |
term in subsection (c) of Section 11-20-8 of the Illinois |
Municipal Code. The Authority shall promulgate rules for the |
administration, operation, and maintenance of the Program and |
may adopt emergency rules as soon as practicable to begin |
implementation of the Program. |
(b) Subject to
appropriation and the annual receipt of |
funds, the Authority shall make grants from the Abandoned |
Residential Property Municipality Relief Fund derived from |
fees paid as specified in paragraph (1) of subsection (a-5) of |
Section 15-1504.1 and subsection (a)
of Section 15-1507.1 of |
the Code of Civil Procedure as follows: |
(1) 30% of the moneys in the Fund shall be used to make |
grants to municipalities other than the City of Chicago in |
Cook County and to Cook County; |
(2) 25% of the moneys in the Fund shall be used to make |
grants to the City of Chicago;
|
(3) 30% of the moneys in the Fund shall be used to make |
grants to municipalities in DuPage, Kane, Lake, McHenry and |
Will Counties, and to those counties; and |
(4) 15% of the moneys in the Fund shall be used to make |
|
grants to municipalities in Illinois in counties other than |
Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and |
to counties other than Cook, DuPage, Kane, Lake, McHenry, |
and Will Counties. Grants distributed to the |
municipalities and counties shall be based on (i) areas of |
greatest need within these counties, which shall be |
determined, to the extent practicable, proportionately on |
the amount of fees paid to the respective clerks of the |
courts within these counties, and (ii) on any other factors |
that the Authority deems appropriate. Grants distributed |
to the municipalities and counties identified in this |
paragraph (4) shall be based (i) proportionately on the |
amount of fees paid to the respective clerks of the courts |
within these counties and (ii) on any other factors that |
the Authority deems appropriate. |
The percentages set forth in this subsection (b) shall be |
calculated after deduction of reimbursable administrative |
expenses incurred by the Authority, but shall not be greater |
than 4% of the annual appropriated amount. |
(c) Where the jurisdiction of a municipality is included |
within more than one of the geographic areas set forth in this |
Section, the Authority may elect to fully fund the municipality |
from one of the relevant geographic areas. |
(Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.)
|
Section 10. The State Finance Act is amended by adding |
|
Section 5.826 as follows:
|
(30 ILCS 105/5.826 new) |
Sec. 5.826. The Foreclosure Prevention Program Graduated |
Fund.
|
Section 15. The Code of Civil Procedure is amended by |
changing Sections 15-1504.1, 15-1505.8, 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 for 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, 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 for |
|
administrative expenses related to implementation of |
this subsection (a-5). |
(3) Until January 1, 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). |
(3) To determine whether a plaintiff is subject to the |
fee as set forth in paragraph (1) of this subsection (a-5), |
a person, including the clerk of the court, may rely on: |
(A) a verified statement filed by the plaintiff at |
the time of filing the foreclosure complaint that |
states whether the plaintiff has an obligation to pay |
an additional fee as set forth in subsection (a-5) and |
if so whether the fee is due under subparagraph (A), |
(B), or (C) of paragraph (1) of subsection (a-5); or |
(B) such other processes established by the clerk |
of the court for plaintiffs to certify their |
eligibility for the exemption from the additional fee |
set forth in 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, 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. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11; |
97-1164, eff. 6-1-13.)
|
(735 ILCS 5/15-1505.8) |
(This Section may contain text from a Public Act with a |
delayed effective date) |
Sec. 15-1505.8. Expedited judgment and sale procedure for |
abandoned residential property. |
(a) Upon motion and notice, the mortgagee may elect to |
utilize the expedited judgment and sale procedure for abandoned |
residential property stated in this Section to obtain a |
judgment of foreclosure pursuant to Section 15-1506. The motion |
|
to expedite the judgment and sale may be combined with or made |
part of the motion requesting a judgment of foreclosure. The |
notice of the motion to expedite the judgment and sale shall be |
sent by first-class mail to the last known address of the |
mortgagor, and the notice required by paragraph (1) of |
subsection (l) of this Section shall be posted at the property |
address. |
(b) The motion requesting an expedited judgment of |
foreclosure and sale may be filed by the mortgagee at the time |
the foreclosure complaint is filed or any time thereafter, and |
shall set forth the facts demonstrating that the mortgaged real |
estate is abandoned residential real estate under Section |
15-1200.5 and shall be supported by affidavit. |
(c) If a motion for an expedited judgment and sale is filed |
at the time the foreclosure complaint is filed or before the |
period to answer the foreclosure complaint has expired, the |
motion shall be heard by the court no earlier than before the |
period to answer the foreclosure complaint has expired and no |
later than 21 15 days after the period to answer the |
foreclosure complaint has expired. |
(d) If a motion for an expedited judgment and sale is filed |
after the period to answer the foreclosure complaint has |
expired, the motion shall be heard no later than 21 15 days |
after the motion is filed. |
(e) The hearing shall be given priority by the court and |
shall be scheduled to be heard within the applicable time |
|
period set forth in subsection (c) or (d) of this Section. |
(f) Subject to subsection (g), at the hearing on the motion |
requesting an expedited judgment and sale, if the court finds |
that the mortgaged real estate is abandoned residential |
property, the court shall grant the motion and immediately |
proceed to a trial of the foreclosure. A judgment of |
foreclosure under this Section shall include the matters |
identified in Section 15-1506. |
(g) The court may not grant the motion requesting an |
expedited judgment and sale if the mortgagor, an unknown owner, |
or a lawful occupant appears in the action in any manner before |
or at the hearing and objects to a finding of abandonment. |
(h) The court shall vacate an order issued pursuant to |
subsection (f) of this Section if the mortgagor or a lawful |
occupant appears in the action at any time prior to the court |
issuing an order confirming the sale pursuant to subsection |
(b-3) of Section 15-1508 and presents evidence establishing to |
the satisfaction of the court that the mortgagor or lawful |
occupant has not abandoned the mortgaged real estate. |
(i) The reinstatement period and redemption period for the |
abandoned residential property shall end in accordance with |
paragraph (4) of subsection (b) of Section 15-1603, and the |
abandoned residential property shall be sold at the earliest |
practicable time at a sale as provided in this Article. |
(j) The mortgagee or its agent may enter, secure, and |
maintain abandoned residential property subject to subsection |
|
(e-5) of Section 21-3 of the Criminal Code of 2012. |
(k) Personal property. |
(1) Upon confirmation of the sale held pursuant to |
Section 15-1507, any personal property remaining in or upon |
the abandoned residential property shall be deemed to have |
been abandoned by the owner of such personal property and |
may be disposed of or donated by the holder of the |
certificate of sale (or, if none, by the purchaser at the |
sale). In the event of donation of any such personal |
property, the holder of the certificate of sale (or, if |
none, the purchaser at the sale) may transfer such donated |
property with a bill of sale. No mortgagee or its |
successors or assigns, holder of a certificate of sale, or |
purchaser at the sale shall be liable for any such disposal |
or donation of personal property. |
(2) Notwithstanding paragraph (1) of this subsection |
(k), in the event a lawful occupant is in possession of the |
mortgaged real estate who has not been made a party to the |
foreclosure and had his or her interests terminated |
therein, any personal property of the lawful occupant shall |
not be deemed to have been abandoned, nor shall the rights |
of the lawful occupant to any personal property be |
affected. |
(l) Notices to be posted at property address. |
(1) The notice set out in this paragraph (1) of this |
subsection (l) shall be conspicuously posted at the |
|
property address at least 14 days before the hearing on the |
motion requesting an expedited judgment and sale and shall |
be in boldface, in at least 12 point type, and in |
substantially the following form:
|
"NOTICE TO ANY TENANT
OR OTHER LAWFUL |
OCCUPANT OF THIS PROPERTY
|
A lawsuit has been filed to foreclose on this property, and the |
party asking to foreclose on this property has asked a judge to |
find that THIS PROPERTY IS ABANDONED.
|
The judge will be holding a hearing to decide whether this |
property is ABANDONED.
|
IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY |
CHOOSE TO GO TO THIS HEARING and explain to the judge how you |
are a lawful occupant of this property.
|
If the judge is satisfied that you are a LAWFUL OCCUPANT of |
this property, the court will find that this property is NOT |
ABANDONED.
|
This hearing will be held in the courthouse at the following |
address, date, and time:
|
|
Court name:.................................................. |
Court address:............................................... |
Court room number where hearing will be held:................ |
(There should be a person in this room called a CLERK who can |
help you. Make sure you know THIS PROPERTY'S ADDRESS.) |
Date of hearing:............................................. |
Time of hearing:.............................................
|
MORE INFORMATION
|
Name of lawsuit:............................................. |
Number of lawsuit:........................................... |
Address of this property:....................................
|
IMPORTANT
|
This is NOT a notice to vacate the premises. You may wish to |
contact a lawyer or your local legal aid or housing counseling |
agency to discuss any rights that you may have.
|
WARNING
|
INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME |
STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY |
UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS |
LAW. 720 ILCS 5/21-3(a).
|
|
NO TRESPASSING
|
KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A |
CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A |
FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". |
(2) The notice set out in this paragraph (2) of this |
subsection (l) shall be conspicuously posted at the |
property address at least 14 days before the hearing to |
confirm the sale of the abandoned residential property and |
shall be in boldface, in at least 12 point type, and in |
substantially the following form:
|
"NOTICE TO ANY TENANT
OR OTHER LAWFUL |
OCCUPANT OF THIS PROPERTY
|
A lawsuit has been filed to foreclose on this property, and the |
judge has found that THIS PROPERTY IS ABANDONED. As a result, |
THIS PROPERTY HAS BEEN OR WILL BE SOLD.
|
HOWEVER, there still must be a hearing for the judge to approve |
the sale. The judge will NOT APPROVE this sale if the judge |
finds that any person lawfully occupies any part of this |
property.
|
IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY |
|
CHOOSE TO GO TO THIS HEARING and explain to the judge how you |
are a lawful occupant of this property. You also may appear |
BEFORE this hearing and explain to the judge how you are a |
lawful occupant of this property.
|
If the judge is satisfied that you are a LAWFUL OCCUPANT of |
this property, the court will find that this property is NOT |
ABANDONED, and there will be no sale of the property at this |
time.
|
This hearing will be held in the courthouse at the following |
address, date, and time:
|
Court name:.................................................. |
Court address:............................................... |
Court room number where hearing will be held:................ |
(There should be a person in this room called a CLERK who can |
help you. Make sure you know THIS PROPERTY'S ADDRESS.) |
Date of hearing:............................................. |
Time of hearing:.............................................
|
MORE INFORMATION
|
Name of lawsuit:............................................. |
Number of lawsuit:........................................... |
Address of this property:....................................
|
|
IMPORTANT
|
This is NOT a notice to vacate the premises. You may wish to |
contact a lawyer or your local legal aid or housing counseling |
agency to discuss any rights that you may have.
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WARNING
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INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME |
STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY |
UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS |
LAW. 720 ILCS 5/21-3(a).
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NO TRESPASSING
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KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A |
CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A |
FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
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(Source: P.A. 97-1164, eff. 6-1-13.)
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(735 ILCS 5/15-1507.1) |
(Section scheduled to be repealed on March 2, 2016) |
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 |
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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 for administrative |
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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 shall become |
inoperative on January 1, 2016. This Section is repealed on |
March 2, 2016.
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(Source: P.A. 96-1419, eff. 10-1-10.)
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Section 99. Effective date. This Act takes effect June 1, |
2013.
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