Bill Status of SB 1674   98th General Assembly

Short Description:  CIV PRO-FORECLOSURE-FEE REFUND

Senate Sponsors
Sen. Jacqueline Y. Collins-John G. Mulroe, Michael E. Hastings-Mattie Hunter-Melinda Bush-Napoleon Harris, III, Linda Holmes and Martin A. Sandoval

House Sponsors
(Rep. André M. Thapedi-Barbara Flynn Currie-Monique D. Davis-Lou Lang-Jehan A. Gordon-Booth, Marcus C. Evans, Jr., William Davis, Emanuel Chris Welch and Camille Y. Lilly)


Last Action  View All Actions

DateChamber Action
  6/11/2013SenatePublic Act . . . . . . . . . 98-0020

Statutes Amended In Order of Appearance
20 ILCS 3805/7.31
735 ILCS 5/15-1504.1
735 ILCS 5/15-1505.8
735 ILCS 5/15-1507.1

Synopsis As Introduced
Amends the Illinois Housing Development Act. Adds a cross reference to the Code of Civil Procedure in a Section concerning the Abandoned Residential Property Municipality Relief Program. Amends the Code of Civil Procedure. Provides that 2% of certain fees collected shall be retained by the clerk of court for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses. Replaces provisions concerning the imposition of additional fees with language providing that 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 statement that states which additional fee is due; or comply with other process established by the court for a plaintiff to certify which additional fee is due. Provides that if a plaintiff fails to provide the clerk of the court with a true and correct statement of the additional fee due, 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 does not exceed the difference between the higher additional fee paid and the actual fee due. Provides that the mortgagor must petition the judge in the foreclosure action for the award of any fee overpayment, and the award shall be determined by the judge and paid by the clerk of the court out of the Circuit Court Clerk Operation and Administrative Fund. Provides that the refund is the mortgagor's sole remedy and a mortgagor has no private right of action against the plaintiff or plaintiff's representatives if the additional fee paid by the plaintiff is erroneous. Provides that certain motions for an expedited judgment and sale shall be heard by the court no later than 21 (instead of 15) days after the period to answer the foreclosure complaint has expired, or, if a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, no later than 21 (instead of 15) days after the motion is filed. Effective June 1, 2013.

Senate Committee Amendment No. 1
Replaces language concerning the plaintiff's statement with language providing that the plaintiff shall file a verified statement that states which additional fee is due under certain provisions, unless the court has established another process for a plaintiff or plaintiff's representative to certify which additional fee is due. Replaces a reference to the Circuit Court Clerk Operation and Administrative Fund with a reference to the fund account into which the clerk of the court deposits fees to be remitted to the State Treasurer under provisions concerning the collection and disposition of certain fees, 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.

House Floor Amendment No. 4
Adds reference to:
20 ILCS 3805/7.30
30 ILCS 105/5.826 new

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Illinois Housing Development Act. In provisions concerning the Foreclosure Prevention Program and the Abandoned Residential Property Municipality Relief Program provides that subject to appropriation and the annual receipt of funds (rather than subject to appropriation) that the Authority shall make grants from (i) the Foreclosure Prevention Program Fund and (ii) the Foreclosure Prevention Program Graduated Fund derived from fees paid as specified in certain provisions of the Code of Civil Procedure. Provides that (a) certain funding percentages established under the Act 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 and (b) where the jurisdiction of an approved counseling agency is included within more than one of the specified geographic areas, the Authority may elect to fully fund the applicant from one of the relevant geographic areas. As to the Abandoned Residential Property Municipality Relief Program, provides that specified grants distributed to the municipalities and counties shall be based on (1) 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 (2) on any other factors that the Authority deems appropriate. Further amends the Code of Civil Procedure. Provides that until January 1, 2018 with respect to residential real estate, 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 (rather than the Foreclosure Prevention Program Fund) and the Abandoned Residential Property Municipality Relief Fund as specified. Amends the State Finance Act by creating the Foreclosure Prevention Program Graduated Fund. Effective June 1, 2013.

Actions 
DateChamber Action
  2/13/2013SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  2/13/2013SenateChief Co-Sponsor Sen. John G. Mulroe
  2/13/2013SenateFirst Reading
  2/13/2013SenateReferred to Assignments
  2/27/2013SenateAssigned to Financial Institutions
  3/5/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  3/5/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/6/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Financial Institutions
  3/6/2013SenateAdded as Co-Sponsor Sen. Michael E. Hastings
  3/6/2013SenateSenate Committee Amendment No. 1 Adopted
  3/6/2013SenateDo Pass as Amended Financial Institutions; 011-000-000
  3/6/2013SenatePlaced on Calendar Order of 2nd Reading March 7, 2013
  3/12/2013SenateSecond Reading
  3/12/2013SenatePlaced on Calendar Order of 3rd Reading March 13, 2013
  4/10/2013SenateThird Reading - Passed; 055-000-000
  4/10/2013HouseArrived in House
  4/10/2013HouseChief House Sponsor Rep. André M. Thapedi
  4/11/2013HouseFirst Reading
  4/11/2013HouseReferred to Rules Committee
  5/6/2013HouseAssigned to Financial Institutions Committee
  5/6/2013HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. André M. Thapedi
  5/6/2013HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/10/2013HouseFinal Action Deadline Extended-9(b) May 24, 2013
  5/13/2013HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. André M. Thapedi
  5/13/2013HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  5/14/2013HouseHouse Committee Amendment No. 2 Rules Refers to Financial Institutions Committee
  5/14/2013HouseDo Pass / Short Debate Financial Institutions Committee; 010-000-000
  5/14/2013HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  5/14/2013HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  5/15/2013HousePlaced on Calendar 2nd Reading - Short Debate
  5/15/2013HouseAdded Alternate Chief Co-Sponsor Rep. Rich Brauer
  5/15/2013HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis
  5/15/2013HouseAdded Alternate Chief Co-Sponsor Rep. Maria Antonia Berrios
  5/17/2013HouseSecond Reading - Short Debate
  5/17/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/24/2013HouseAlternate Chief Co-Sponsor Removed Rep. Maria Antonia Berrios
  5/24/2013HouseAlternate Chief Co-Sponsor Removed Rep. Rich Brauer
  5/24/2013HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. André M. Thapedi
  5/24/2013HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/24/2013HouseFinal Action Deadline Extended-9(b) May 31, 2013
  5/26/2013HouseHouse Floor Amendment No. 3 Rules Refers to Financial Institutions Committee
  5/26/2013HouseHouse Floor Amendment No. 3 Recommends Be Adopted - Lost Financial Institutions Committee; 004-005-002
  5/27/2013HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. André M. Thapedi
  5/27/2013HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/27/2013HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. André M. Thapedi
  5/27/2013HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  5/27/2013HouseHouse Floor Amendment No. 4 Rules Refers to Financial Institutions Committee
  5/28/2013HouseHouse Floor Amendment No. 4 Recommends Be Adopted Financial Institutions Committee; 012-000-000
  5/28/2013HouseAdded Alternate Chief Co-Sponsor Rep. Jehan A. Gordon-Booth
  5/28/2013HouseAdded Alternate Co-Sponsor Rep. William Davis
  5/28/2013HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/28/2013HouseAdded Alternate Chief Co-Sponsor Rep. Lou Lang
  5/28/2013HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/29/2013HouseRecalled to Second Reading - Short Debate
  5/29/2013HouseHouse Floor Amendment No. 4 Adopted
  5/29/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2013HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  5/29/2013HouseThird Reading - Short Debate - Passed 089-026-002
  5/29/2013HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/29/2013SenateSecretary's Desk - Concurrence House Amendment(s) 4
  5/29/2013SenatePlaced on Calendar Order of Concurrence House Amendment(s) 4 - May 30, 2013
  5/29/2013SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins
  5/29/2013SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments
  5/30/2013SenateHouse Floor Amendment No. 4 Motion to Concur Assignments Referred to Executive
  5/30/2013SenateHouse Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Executive; 008-004-000
  5/30/2013SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  5/31/2013SenateAdded as Chief Co-Sponsor Sen. Melinda Bush
  5/31/2013SenateAdded as Chief Co-Sponsor Sen. Napoleon Harris, III
  5/31/2013SenateAdded as Co-Sponsor Sen. Linda Holmes
  5/31/2013SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  5/31/2013SenateHouse Floor Amendment No. 4 Senate Concurs 049-007-000
  5/31/2013SenatePassed Both Houses
  6/5/2013SenateSent to the Governor
  6/11/2013SenateGovernor Approved
  6/11/2013SenateEffective Date June 11, 2013
  6/11/2013SenatePublic Act . . . . . . . . . 98-0020

Back To Top