Bill Status of HB 5735   96th General Assembly

Short Description:  FORECLOSURE-LOSS MITIGATION

House Sponsors
Rep. Al Riley-William D. Burns-Elizabeth Hernandez-Marlow H. Colvin-Karen A. Yarbrough, Edward J. Acevedo, William Davis, Julie Hamos, Elaine Nekritz, Cynthia Soto and LaShawn K. Ford

Senate Sponsors
(Sen. Jacqueline Y. Collins-M. Maggie Crotty-Kwame Raoul, Martin A. Sandoval-Linda Holmes, Michael Bond, Mattie Hunter and Toi W. Hutchinson)


Last Action  View All Actions

DateChamber Action
  7/23/2010HousePublic Act . . . . . . . . . 96-1245

Statutes Amended In Order of Appearance
735 ILCS 5/15-1205.5 new
735 ILCS 5/15-1504from Ch. 110, par. 15-1504
735 ILCS 5/15-1506from Ch. 110, par. 15-1506
735 ILCS 5/15-1508from Ch. 110, par. 15-1508

Synopsis As Introduced
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Defines "loss mitigation" as a program or mechanism designed to maximize the opportunity for a mortgagor to retain ownership of the mortgaged real estate and cure delinquencies on his or her mortgage or for a mortgagor and mortgagee to mitigate losses that would result from foreclosure by using alternatives to foreclosure. Provides that a foreclosure complaint shall include a statement as to loss mitigation. Provides that a judgment of foreclosure shall include a finding by the court that the mortgagee has complied with applicable loss mitigation requirements or there are no applicable loss mitigation requirements, and provides that if the court finds that the mortgagee has not complied with applicable loss mitigation requirements, the court shall stay the matter until the court determines that the mortgagee has complied with those requirements. Adds failure by the mortgagee to fulfill applicable loss mitigation requirements as a condition under which the court shall not enter an order confirming a judicial sale.

House Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/15-1205.5 new
735 ILCS 5/15-1504
735 ILCS 5/15-1506
735 ILCS 5/15-1508
Adds reference to:
735 ILCS 5/15-1101from Ch. 110, par. 15-1101

Replaces everything after the enacting clause. Amends the Code of Civil Procedure to make a technical change in provisions of the short title Section of the Illinois Mortgage Foreclosure Law.

House Floor Amendment No. 2
Deletes reference to:
735 ILCS 5/15-1101
Adds reference to:
735 ILCS 5/15-1508from Ch. 110, par. 15-1508

Deletes everything after the enacting clause. Further amends the Code of Civil Procedure. Provides that the court shall set aside a judicial sale, prior to the sale confirmation, if the mortgagor proves that the mortgagor applied for assistance under the Making Home Affordable Program established by the Department of the Treasury pursuant to federal law, and the mortgaged real estate was sold in material violation of the program's judicial sale requirements. These provisions become inoperative on January 1, 2013 for all actions filed after December 31, 2012, as to which the mortgagor did not apply for assistance under the program by December 31, 2012. Effective immediately.

Actions 
DateChamber Action
  2/9/2010HouseFiled with the Clerk by Rep. Deborah L. Graham
  2/9/2010HouseFirst Reading
  2/9/2010HouseReferred to Rules Committee
  2/11/2010HouseAdded Chief Co-Sponsor Rep. William D. Burns
  2/11/2010HouseAdded Chief Co-Sponsor Rep. Elizabeth Hernandez
  2/11/2010HouseAdded Chief Co-Sponsor Rep. Marlow H. Colvin
  2/11/2010HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  2/11/2010HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  2/11/2010HouseAdded Co-Sponsor Rep. William Davis
  2/18/2010HouseAdded Co-Sponsor Rep. Julie Hamos
  2/18/2010HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/22/2010HouseAssigned to Judiciary I - Civil Law Committee
  3/10/2010HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/10/2010HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/10/2010HouseDo Pass as Amended / Standard Debate Judiciary I - Civil Law Committee; 009-007-000
  3/10/2010HousePlaced on Calendar 2nd Reading - Standard Debate
  3/23/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Deborah L. Graham
  3/23/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/24/2010HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  3/24/2010HouseChief Sponsor Changed to Rep. Al Riley
  3/24/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 016-000-000
  3/25/2010HouseSecond Reading - Standard Debate
  3/25/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/25/2010HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  3/25/2010HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/25/2010HouseAdded Co-Sponsor Rep. LaShawn K. Ford
  3/26/2010HouseThird Reading - Standard Debate - Passed 079-014-000
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading
  4/6/2010SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  4/6/2010SenateFirst Reading
  4/6/2010SenateReferred to Assignments
  4/6/2010SenateAssigned to Judiciary
  4/7/2010SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  4/14/2010SenateDo Pass Judiciary; 009-000-000
  4/14/2010SenatePlaced on Calendar Order of 2nd Reading April 15, 2010
  4/14/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  4/21/2010SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  4/21/2010SenateSecond Reading
  4/21/2010SenatePlaced on Calendar Order of 3rd Reading April 22, 2010
  4/22/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  4/23/2010SenateAdded as Alternate Co-Sponsor Sen. Michael Bond
  4/27/2010SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  4/27/2010SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  4/27/2010SenateThird Reading - Passed; 056-000-000
  4/27/2010HousePassed Both Houses
  5/26/2010HouseSent to the Governor
  7/23/2010HouseGovernor Approved
  7/23/2010HouseEffective Date July 23, 2010
  7/23/2010HousePublic Act . . . . . . . . . 96-1245

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