Rep. La Shawn K. Ford

Filed: 3/7/2017

 

 


 

 


 
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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.".