Rep. La Shawn K. Ford
Filed: 3/7/2017
 
 

 

 

 
10000HB0471ham002LRB100 06006 HEP 22551 a



1
AMENDMENT TO HOUSE BILL 471 




2    AMENDMENT NO. ______. Amend House Bill 471 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Code of Civil Procedure is amended  by 
5adding Sections 15-1406 and 15-1504.7 as follows:
 
6    (735 ILCS 5/15-1406 new)
7    Sec. 15-1406. Refiling of Foreclosure Proceedings. A 
8default for failing to make a scheduled payment each month as 
9required under any applicable note and mortgage shall 
10constitute a basis for a new, separate, and distinct cause of 
11action. The new, separate, and distinct cause of action shall 
12exist notwithstanding: (i) any prior acceleration of the same 
13debt due to one or more previous defaults that resulted in 
14dismissal of the foreclosure proceedings; or (ii) anything to 
15the contrary in Section 13-217 of this Code.
 
 
 
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1    (735 ILCS 5/15-1504.7  new)
2    Sec. 15-1504.7. Homeowner notice to tenants or other lawful 
3occupants.
4    (a) No later than 14 days after receiving the Homeowner 
5Notice of foreclosure pursuant to Section 15-1504.5, a 
6homeowner must provide all existing tenants and other known 
7lawful occupants of the property with a written notice that a 
8foreclosure action has been commenced by either: (1) delivering 
9a copy of the notice to the tenant or other known lawful 
10occupant; (2) leaving the same with some person of the age of 
1113 years or upwards who is residing on or in possession of the 
12premises; or (3) sending a copy of the notice to the tenant or 
13other known lawful occupant by first-class mail.
14    (b) After receiving the Homeowner Notice of foreclosure 
15pursuant to Section 15-1504.5, a homeowner must provide all 
16prospective tenants with a written notice that the property is 
17subject to a foreclosure action.  A copy of the notice may be 
18contained in the lease agreement or as an additional and 
19separate disclosure document and it shall be delivered to the 
20prospective tenant or sent to the prospective tenant by 
21first-class mail.
22    (c) The notice to current or prospective tenants and other 
23known lawful occupants may be in substantially the following 
24form:
25
NOTICE OF FORECLOSURE TO ANY  
  
26
TENANT OR OTHER LAWFUL OCCUPANT  
 
 
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1    A LAWSUIT HAS BEEN FILED TO FORECLOSE ON THIS PROPERTY. AS 
2TENANTS OR LAWFUL OCCUPANTS, YOU HAVE THE RIGHT TO LIVE IN THE 
3HOME IN ACCORDANCE WITH YOUR LEASE AGREEMENT OR OCCUPANCY 
4ARRANGEMENT UNTIL A JUDGE ENTERS AN ORDER FOR POSSESSION.  THIS 
5IS NOT A NOTICE TO VACATE THE PREMISES. YOU MAY WISH TO CONTACT 
6A LAWYER OR YOUR LOCAL LEGAL AID OR HOUSING COUNSELING AGENCY 
7TO DISCUSS ANY RIGHTS THAT YOU MAY HAVE.".