Rep. Karen A. Yarbrough

Filed: 3/8/2011





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2    AMENDMENT NO. ______. Amend House Bill 1109 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 11-20-15 and by adding Sections 11-20-15.1 and
611-20-17 as follows:
7    (65 ILCS 5/11-20-15)
8    Sec. 11-20-15. Lien for removal costs.
9    (a) If the municipality incurs a removal cost under Section
1011-20-7, 11-20-8, 11-20-12, or 11-20-13, or 11-20-17 with
11respect to any underlying parcel, then that cost is a lien upon
12that underlying parcel. This lien is superior to all other
13liens and encumbrances, except tax liens and as otherwise
14provided in subsection (c) of this Section.
15    (b) To perfect a lien under this Section, the municipality
16must, within one year after the removal cost is incurred, file



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1notice of lien in the office of the recorder in the county in
2which the underlying parcel is located or, if the underlying
3parcel is registered under the Torrens system, in the office of
4the Registrar of Titles of that county. The notice must consist
5of a sworn statement setting out:
6        (1) a description of the underlying parcel that
7    sufficiently identifies the parcel;
8        (2) the amount of the removal cost; and
9        (3) the date or dates when the removal cost was
10    incurred by the municipality.
11    If, for any one parcel, the municipality engaged in any
12removal activity on more than one occasion during the course of
13one year, then the municipality may combine any or all of the
14costs of each of those activities into a single notice of lien.
15    (c) A lien under this Section is not valid as to: (i) any
16purchaser whose rights in and to the underlying parcel arose
17after the removal activity but before the filing of the notice
18of lien; or (ii) any mortgagee, judgment creditor, or other
19lienor whose rights in and to the underlying parcel arose
20before the filing of the notice of lien.
21    (d) The removal cost is not a lien on the underlying parcel
22unless a notice is personally served on, or sent by certified
23mail to, the person to whom was sent the tax bill for the
24general taxes on the property for the taxable year immediately
25preceding the removal activities. The notice must be delivered
26or sent after the removal activities have been performed, and



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1it must: (i) state the substance of this Section and the
2substance of any ordinance of the municipality implementing
3this Section; (ii) identify the underlying parcel, by common
4description; and (iii) describe the removal activity.
5    (e) A lien under this Section may be enforced by
6proceedings to foreclose as in case of mortgages or mechanics'
7liens. An action to foreclose a lien under this Section must be
8commenced within 2 years after the date of filing notice of
10    (f) Any person who performs a removal activity by the
11authority of the municipality may, in his or her own name, file
12a lien and foreclose on that lien in the same manner as a
13municipality under this Section.
14    (g) A failure to file a foreclosure action does not, in any
15way, affect the validity of the lien against the underlying
17    (h) Upon payment of the lien cost by the owner of the
18underlying parcel after notice of lien has been filed, the
19municipality (or its agent under subsection (f)) shall release
20the lien, and the release may be filed of record by the owner
21at his or her sole expense as in the case of filing notice of
23    (i) For the purposes of this Section:
24    "Lien cost" means the removal cost and the filing costs for
25any notice of lien under subsection (b).
26    "Removal activity" means any activity for which a removal



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1cost was incurred.
2    "Removal cost" means a removal cost as defined under
3Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13, or 11-20-17.
4    "Underlying parcel" means a parcel of private property upon
5which a removal activity was performed.
6    "Year" means a 365-day period.
7    (j) This Section applies only to liens filed after August
814, 2009 (the effective date of Public Act 96-462).
9    (k) This Section shall not apply to a lien filed pursuant
10to Section 11-20-15.1.
11(Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10;
1296-1000, eff. 7-2-10.)
13    (65 ILCS 5/11-20-15.1)
14    Sec. 11-20-15.1. Lien for costs of removal, securing, and
15enclosing on abandoned residential property.
16    (a) If the municipality elects to incur a removal cost
17pursuant to subsection (d) of Section 11-20-7, subsection (d)
18of Section 11-20-8, subsection (d) of Section 11-20-12, or
19subsection (e) of Section 11-20-13, or subsection (g) of
20Section 11-20-17, or a securing or enclosing cost pursuant to
21Section 11-31-1.01 with respect to an abandoned residential
22property, then that cost is a lien upon the underlying parcel
23of that abandoned residential property. This lien is superior
24to all other liens and encumbrances, except tax liens and as
25otherwise provided in this Section.



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1    (b) To perfect a lien under this Section, the municipality
2must, within one year after the cost is incurred for the
3activity, file notice of the lien in the office of the recorder
4in the county in which the abandoned residential property is
5located or, if the abandoned residential property is registered
6under the Torrens system, in the office of the Registrar of
7Titles of that county, a sworn statement setting out:
8        (1) a description of the abandoned residential
9    property that sufficiently identifies the parcel;
10        (2) the amount of the cost of the activity;
11        (3) the date or dates when the cost for the activity
12    was incurred by the municipality; and
13        (4) a statement that the lien has been filed pursuant
14    to subsection (d) of Section 11-20-7, subsection (d) of
15    Section 11-20-8, subsection (d) of Section 11-20-12,
16    subsection (e) of Section 11-20-13, subsection (g) of
17    Section 11-20-17, or Section 11-31-1.01, as applicable.
18    If, for any abandoned residential property, the
19municipality engaged in any activity on more than one occasion
20during the course of one year, then the municipality may
21combine any or all of the costs of each of those activities
22into a single notice of lien.
23    (c) To enforce a lien pursuant to this Section, the
24municipality must maintain contemporaneous records that
25include, at a minimum: (i) a dated statement of finding by the
26municipality that the property for which the work is to be



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1performed has become abandoned residential property, which
2shall include (1) the date when the property was first known or
3observed to be unoccupied by any lawful occupant or occupants,
4(2) a description of the actions taken by the municipality to
5contact the legal owner or owners of the property identified on
6the recorded mortgage, or, if known, any agent of the owner or
7owners, including the dates such actions were taken, and (3) a
8statement that no contacts were made with the legal owner or
9owners or their agents as a result of such actions, (ii) a
10dated certification by an authorized official of the
11municipality of the necessity and specific nature of the work
12to be performed, (iii) a copy of the agreement with the person
13or entity performing the work that includes the legal name of
14the person or entity, the rate or rates to be charged for
15performing the work, and an estimate of the total cost of the
16work to be performed, (iv) detailed invoices and payment
17vouchers for all payments made by the municipality for such
18work, and (v) a statement as to whether the work was engaged
19through a competitive bidding process, and if so, a copy of all
20proposals submitted by the bidders for such work.
21    (d) A lien under this Section shall be enforceable
22exclusively at the hearing for confirmation of sale of the
23abandoned residential property that is held pursuant to
24subsection (b) of Section 15-1508 of the Code of Civil
25Procedure and shall be limited to a claim of interest in the
26proceeds of the sale and subject to the requirements of this



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1Section. Any mortgagee who holds a mortgage on the property, or
2any beneficiary or trustee who holds a deed of trust on the
3property, may contest the lien or the amount of the lien at any
4time during the foreclosure proceeding upon motion and notice
5in accordance with court rules applicable to motions generally.
6Grounds for forfeiture of the lien or the superior status of
7the lien granted by subsection (a) of this Section shall
8include, but not be limited to, a finding by the court that:
9(i) the municipality has not complied with subsection (b) or
10(c) of this Section, (ii) the scope of the work was not
11reasonable under the circumstances, (iii) the work exceeded the
12authorization for the work to be performed under subsection (a)
13of Section 11-20-7, subsection (a) of Section 11-20-8,
14subsection (a) of Section 11-20-12, subsection (a) of Section
1511-20-13, or subsection (a) of Section 11-31-1.01, as
16applicable, or (iv) the cost of the services rendered or
17materials provided was not commercially reasonable. Forfeiture
18of the superior status of the lien otherwise granted by this
19Section shall not constitute a forfeiture of the lien as a
20subordinate lien.
21    (e) Upon payment of the amount of a lien filed under this
22Section by the mortgagee, servicer, owner, or any other person,
23the municipality shall release the lien, and the release may be
24filed of record by the person making such payment at the
25person's sole expense as in the case of filing notice of lien.
26    (f) Notwithstanding any other provision of this Section, a



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1municipality may not file a lien pursuant to this Section for
2activities performed pursuant to Section 11-20-7, Section
311-20-8, Section 11-20-12, Section 11-20-13, or Section
411-31-1.01, if: (i) the mortgagee or servicer of the abandoned
5residential property has provided notice to the municipality
6that the mortgagee or servicer has performed or will perform
7the remedial actions specified in the notice that the
8municipality otherwise might perform pursuant to subsection
9(d) of Section 11-20-7, subsection (d) of Section 11-20-8,
10subsection (d) of Section 11-20-12, subsection (e) of Section
1111-20-13, or Section 11-31-1.01, provided that the remedial
12actions specified in the notice have been performed or are
13performed or initiated in good faith within 30 days of such
14notice; or (ii) the municipality has provided notice to the
15mortgagee or servicer of a problem with the property requiring
16the remedial actions specified in the notice that the
17municipality otherwise would perform pursuant to subsection
18(d) of Section 11-20-7, subsection (d) of Section 11-20-8,
19subsection (d) of Section 11-20-12, subsection (e) of Section
2011-20-13, or Section 11-31-1.01, and the mortgagee or servicer
21has performed or performs or initiates in good faith the
22remedial actions specified in the notice within 30 days of such
24    (g) This Section and subsection (d) of Section 11-20-7,
25subsection (d) of Section 11-20-8, subsection (d) of Section
2611-20-12, subsection (e) of Section 11-20-13, subsection (g) of



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1Section 11-20-17, or Section 11-31-1.01 shall apply only to
2activities performed, costs incurred, and liens filed after the
3effective date of this amendatory Act of the 96th General
5    (h) For the purposes of this Section and subsection (d) of
6Section 11-20-7, subsection (d) of Section 11-20-8, subsection
7(d) of Section 11-20-12, subsection (e) of Section 11-20-13,
8subsection (g) of Section 11-20-17, or Section 11-31-1.01:
9    "Abandoned residential property" means any type of
10permanent residential dwelling unit, including detached single
11family structures, and townhouses, condominium units and
12multifamily rental apartments covering the entire property,
13and manufactured homes treated under Illinois law as real
14estate and not as personal property, that has been unoccupied
15by any lawful occupant or occupants for at least 90 days, and
16for which after such 90 day period, the municipality has made
17good faith efforts to contact the legal owner or owners of the
18property identified on the recorded mortgage, or, if known, any
19agent of the owner or owners, and no contact has been made. A
20property for which the municipality has been given notice of
21the order of confirmation of sale pursuant to subsection (b-10)
22of Section 15-1508 of the Code of Civil Procedure shall not be
23deemed to be an abandoned residential property for the purposes
24of subsection (d) of Section 11-20-7, subsection (d) of Section
2511-20-8, subsection (d) of Section 11-20-12, subsection (e) of
26Section 11-20-13, subsection (g) of Section 11-20-17, and



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1Section 11-31-1.01 of this Code.
2    "MERS program" means the nationwide Mortgage Electronic
3Registration System approved by Fannie Mae, Freddie Mac, and
4Ginnie Mae that has been created by the mortgage banking
5industry with the mission of registering every mortgage loan in
6the United States to lawfully make information concerning each
7residential mortgage loan and the property securing it
8available by Internet access to mortgage originators,
9servicers, warehouse lenders, wholesale lenders, retail
10lenders, document custodians, settlement agents, title
11companies, insurers, investors, county recorders, units of
12local government, and consumers.
13    (i) Any entity or person who performs a removal, securing,
14or enclosing activity pursuant to the authority of a
15municipality under subsection (d) of Section 11-20-7,
16subsection (d) of Section 11-20-8, subsection (d) of Section
1711-20-12, subsection (e) of Section 11-20-13, subsection (g) of
18Section 11-20-17, or Section 11-31-1.01, may, in its, his, or
19her own name, file a lien pursuant to subsection (b) of this
20Section and appear in a foreclosure action on that lien
21pursuant to subsection (d) of this Section in the place of the
22municipality, provided that the municipality shall remain
23subject to subsection (c) of this Section, and such party shall
24be subject to all of the provisions in this Section as if such
25party were the municipality.
26    (i-5) All amounts received by the municipality for costs



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1incurred pursuant to this Section for which the municipality
2has been reimbursed under Section 7.31 of the Illinois Housing
3Development Act shall be remitted to the State Treasurer for
4deposit into the Abandoned Residential Property Municipality
5Relief Fund.
6    (j) If prior to subsection (d) of Section 11-20-7,
7subsection (d) of Section 11-20-8, subsection (d) of Section
811-20-12, and subsection (e) of Section 11-20-13, and
9subsection (g) of Section 11-20-17, becoming inoperative a lien
10is filed pursuant to any of those subsections, then the lien
11shall remain in full force and effect after the subsections
12have become inoperative, subject to all of the provisions of
13this Section. If prior to the repeal of Section 11-31-1.01 a
14lien is filed pursuant to Section 11-31-1.01, then the lien
15shall remain in full force and effect after the repeal of
16Section 11-31-1.01, subject to all of the provisions of this
18(Source: P.A. 96-856, eff. 3-1-10; 96-1419, eff. 10-1-10.)
19    (65 ILCS 5/11-20-17 new)
20    Sec. 11-20-17. Vacant and abandoned property ordinances.
21    (a) For the purposes of minimizing the hazards to persons
22and property resulting from vacant and abandoned property, the
23corporate authority of each municipality may prescribe rules,
24regulations, or ordinances for the maintenance of vacant and
25abandoned property. The corporate authorities of a



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1municipality may impose registration fees for vacant and
2abandoned property and fines for failure to comply with the
3rules, regulations, or ordinances enacted pursuant to this
5    (b) Pursuant to such rules, regulations, or ordinances,
6municipalities may hold responsible for failure to maintain or
7secure a vacant and abandoned property (i) any owner of the
8property, (ii) any beneficiary or trustee who holds a deed of
9trust on the property, or (iii) any mortgagee who holds a
10mortgage on the property.
11    (c) A beneficiary, trustee, or mortgagee seeking to comply
12with rules, regulations, or ordinances regarding the
13maintenance or security of vacant property may enter that
14property to remedy any potential violation of a rule,
15regulation, or ordinance to maintain or secure vacant property,
16provided such entry is not barred by an automatic stay issued
17by a bankruptcy court.
18    (d) Beneficiaries, trustees, mortgagees, and their agents
19and assignees shall be held harmless from and against all
20claims of negligence, civil trespass, and criminal trespass in
21connection with compliance activity under the rules,
22regulations, and ordinances for the maintenance or security of
23vacant property, provided that the person authorizing or
24engaging in the compliance activity has (i) made a good faith
25effort to identify any owner and occupant of the property, and
26(ii) made a good faith effort to contact any owner and occupant



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1in a manner reasonably calculated to give the owner and
2occupant notice that the compliance activity is imminent.
3    (e) For the purpose of this Section, "owner" means the
4legal or beneficial owner of an improved or unimproved parcel
5of real estate.
6    (f) For the purpose of this Section, "mortgagee" means (i)
7the holder of an indebtedness, obligee of a non-monetary
8obligation secured by a mortgage, any assignee of the mortgage,
9or any person designated or authorized to act on behalf of such
10holder, (ii) any person or entity who previously initiated a
11foreclosure on the vacant property or obtained a foreclosure
12judgment against the vacant property if the deed to vacant
13property has not been transferred to the purchaser at the
14judicial sale, or (iii) any person claiming through a mortgagee
15as successor.
16    (g) For the purpose of this section, "vacant property"
17means any property having complete or incomplete structures
18that are empty or otherwise uninhabited.
19    (h) For the purpose of this Section, "removal cost" means
20the total value of fees and fines imposed pursuant to rules,
21regulations, or ordinances regarding maintenance, security, or
22demolition of vacant property.
23    (i) To enforce fees and fines pursuant to this Section, a
24municipality may: (i) elect to obtain a lien upon the
25underlying property for the removal cost in accordance with
26Section 11-20-15; (ii) in the case of an abandoned residential



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1property as defined in Section 11-20-15.1, elect to obtain a
2lien for the removal cost pursuant to Section 11-20-15.1, in
3which case the provisions of Section 11-20-15.1 shall be the
4exclusive remedy for the removal cost; or (iii) elect to obtain
5a lien for the removal cost by exercising any enforcement
6actions available under its police powers.
7    Section 10. The Code of Civil Procedure is amended by
8changing Sections 15-1512 and 15-1603 and by adding Section
915-1510.5 as follows:
10    (735 ILCS 5/15-1510.5 new)
11    Sec. 15-1510.5. Mortgage Foreclosure Prevention Fee.
12    (a) Definitions.
13        "Civil legal services provider" means a not-for-profit
14    corporation that (1) employs one or more attorneys who are
15    licensed to practice law in the State of Illinois and who
16    directly provide civil legal services or (2) is established
17    for the purpose of providing civil legal services by an
18    organized panel of pro bono attorneys.
19        "Community-based outreach" means in-person contact
20    with mortgagors in foreclosure intended to inform such
21    mortgagors about the foreclosure process and the
22    mortgagors' rights and options for assistance in the
23    process, including the availability of mortgage
24    foreclosure housing counseling and mortgage foreclosure



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1    legal services.
2        "Comprehensive court-sponsored foreclosure mediation
3    programs" means programs, administered at least in part by
4    an Illinois Circuit Court, that offer mediation in actions
5    for foreclosure. Programs shall provide mortgagors access
6    to housing counseling and legal services and include
7    community-based outreach.
8        "Governmental agency" means any State, county, or
9    local government body in Illinois, and any agency or
10    instrumentality thereof, corporate or otherwise.
11        "HUD-approved housing counseling agency" means a
12    mortgage foreclosure housing counseling agency that is
13    approved by the United States Department of Housing and
14    Urban Development, or any successor agency.
15        "Mortgage foreclosure housing counseling" means
16    housing counseling provided by a mortgage foreclosure
17    counselor that works for a HUD-approved housing counseling
18    agency.
19        "Mortgage foreclosure legal services" means legal
20    services to mortgagors with an interest in a property
21    subject to a mortgage foreclosure proceeding under Article
22    XV of the Code of Civil Procedure provided by a civil legal
23    service attorney that works for a civil legal services
24    provider.
25        "Mortgage Foreclosure Prevention Fund" means a special
26    fund used expressly to support mortgage foreclosure



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1    prevention programs.
2    (b) There shall be a $500 Mortgage Foreclosure Prevention
3Fee collected from the proceeds resulting from a judicial sale
4of residential real estate conducted pursuant to a foreclosure
5judgment under this Article. The fee shall be remitted to the
6Department of Revenue by the purchaser at the time of sale and
7the Department shall deposit these amounts into the Mortgage
8Foreclosure Prevention Fund. Amounts in the Fund may be
9expended only for eligible activities described in this
11    Eligible foreclosure mitigation activities are mortgage
12foreclosure housing counseling, mortgage foreclosure legal
13services, community-based outreach, and administration of
14comprehensive court-sponsored foreclosure mediation programs.
15    Eligible entities are HUD-approved housing counseling
16agencies, civil legal services providers, not-for-profit
17corporations, and governmental agencies.
18    (c) All of the moneys in the Fund collected in counties
19with a population greater than 3,000,000 shall be used to make
20grants to eligible entities for eligible foreclosure
21mitigation activities to be carried out in coordination with
22comprehensive court-sponsored foreclosure mediation programs
23serving residents of the county in which the funds were
24collected. At least 75% of those moneys shall be used to make
25grants to eligible entities for mortgage foreclosure housing
26counseling or mortgage foreclosure legal services.



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1    (d) Moneys in the Fund collected in counties with a
2population less than 3,000,000 shall be used to make grants to
3eligible entities for eligible foreclosure mitigation
4activities serving residents of the county in which the funds
5were collected. At least 75% of those moneys shall be used to
6make grants to eligible entities for mortgage foreclosure
7housing counseling or mortgage foreclosure legal services.
8    (e) All grants shall be made by the Illinois Housing
9Development Authority (IDHA). IHDA may prescribe reasonable
10rules for the administration of this Section.
11    (735 ILCS 5/15-1512)  (from Ch. 110, par. 15-1512)
12    Sec. 15-1512. Application of Proceeds of Sale and Surplus.
13The proceeds resulting from a sale of real estate under this
14Article shall be applied in the following order:
15    (a) the reasonable expenses of sale;
16    (b) the reasonable expenses of securing possession before
17sale, holding, maintaining, and preparing the real estate for
18sale, including payment of taxes and other governmental
19charges, premiums on hazard and liability insurance,
20receiver's and management fees, the Mortgage Foreclosure
21Prevention Fee, and, to the extent provided for in the mortgage
22or other recorded agreement and not prohibited by law,
23reasonable attorneys' fees, payments made pursuant to Section
2415-1505 and other legal expenses incurred by the mortgagee;
25    (c) if the sale was pursuant to judicial foreclosure,



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1satisfaction of claims in the order of priority adjudicated in
2the judgment of foreclosure or order confirming the sale; and
3    (d) remittance of any surplus to be held by the person
4appointed by the court to conduct the sale until further order
5of the court. If there is a surplus, such person conducting the
6sale shall send written notice to all parties to the proceeding
7advising them of the amount of the surplus, and that the
8surplus shall be held until a party obtains a court order for
9its distribution or until, in the absence of an order, the
10surplus is forfeited to the State.
11(Source: P.A. 86-974.)
12    (735 ILCS 5/15-1603)  (from Ch. 110, par. 15-1603)
13    Sec. 15-1603. Redemption.
14    (a) Owner of Redemption. Except as provided in subsection
15(b) of Section 15-1402, only an owner of redemption may redeem
16from the foreclosure, and such owner of redemption may redeem
17only during the redemption period specified in subsection (b)
18of Section 15-1603 and only if the right of redemption has not
19been validly waived.
20    (b) Redemption Period.
21        (1) In the foreclosure of a mortgage of real estate
22    which is residential real estate at the time the
23    foreclosure is commenced, the redemption period shall end
24    on the later of (i) the date 7 months from the date the
25    mortgagor or, if more than one, all the mortgagors (A) have



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1    been served with summons or by publication or (B) have
2    otherwise submitted to the jurisdiction of the court, or
3    (ii) the date 3 months from the date of entry of a judgment
4    of foreclosure.
5        (2) In all other foreclosures, the redemption period
6    shall end on the later of (i) the date 6 months from the
7    date the mortgagor or, if more than one, all the mortgagors
8    (A) have been served with summons or by publication or (B)
9    have otherwise submitted to the jurisdiction of the court,
10    or (ii) the date 3 months from the date of entry of a
11    judgment of foreclosure.
12        (3) Notwithstanding paragraphs (1) and (2), the
13    redemption period shall end at the later of the expiration
14    of any reinstatement period provided for in Section 15-1602
15    or the date 60 days after the date the judgment of
16    foreclosure is entered, if the court finds that (i) the
17    value of the mortgaged real estate as of the date of the
18    judgment is less than 90% of the amount specified pursuant
19    to subsection (d) of Section 15-1603 and (ii) the mortgagee
20    waives any and all rights to a personal judgment for a
21    deficiency against the mortgagor and against all other
22    persons liable for the indebtedness or other obligations
23    secured by the mortgage.
24        (4) Notwithstanding paragraphs (1) and (2), the
25    redemption period shall end on the date 30 days after the
26    date the judgment of foreclosure is entered if the court



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1    finds that the mortgaged real estate has been abandoned.
2    The court may find that the mortgaged real estate has been
3    abandoned if evidence is presented supporting the fact that
4    the mortgaged property has been abandoned and no appearance
5    has been made to oppose the finding that the mortgaged
6    property has been abandoned. A mortgaged property is
7    abandoned if the mortgaged property is not actually
8    occupied, more than 5 attempts, at least one by certified
9    mail and one by telephone, to contact the defendant have
10    been made, and either (i) at least 2 of the following
11    factors apply: (A) construction was initiated on the
12    property and was discontinued prior to completion, leaving
13    the building unsuitable for occupancy, and no construction
14    has taken place for at least 6 months; (B) the property has
15    had more than one, uncorrected, municipal code violation
16    over the past year; (C) gas, electric, or water service to
17    the premises has been terminated; (D) windows or entrances
18    to the premises are boarded up or closed off, or multiple
19    window panes are broken and unrepaired; (E) doors to the
20    premises are smashed through, broken off, unhinged, or
21    continuously unlocked; (F) the police or sheriff's office
22    has received at least 2 reports of trespassers on the
23    premises, or of vandalism or other illegal acts being
24    committed on the premises in the past 6 months, or (ii)
25    there exist written statements of the mortgagor, the
26    mortgagor's personal representatives or assigns, including



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1    documents of conveyance, which indicate a clear intent to
2    abandon the premises.
3        In cases where the redemption period is shortened on
4    account of abandonment, the reinstatement period shall not
5    extend beyond the redemption period as shortened.
6    (c) Extension of Redemption Period.
7        (1) Once expired, the right of redemption provided for
8    in Sections 15-1603 or 15-1604 shall not be revived. The
9    period within which the right of redemption provided for in
10    Sections 15-1603 or 15-1604 may be exercised runs
11    independently of any action by any person to enforce the
12    judgment of foreclosure or effect a sale pursuant thereto.
13    Neither the initiation of any legal proceeding nor the
14    order of any court staying the enforcement of a judgment of
15    foreclosure or the sale pursuant to a judgment or the
16    confirmation of the sale, shall have the effect of tolling
17    the running of the redemption period.
18        (2) If a court has the authority to stay, and does
19    stay, the running of the redemption period, or if the
20    redemption period is extended by any statute of the United
21    States, the redemption period shall be extended until the
22    expiration of the same number of days after the expiration
23    of the stay order as the number of days remaining in the
24    redemption period at the time the stay order became
25    effective, or, if later, until the expiration of 30 days
26    after the stay order terminates. If the stay order



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1    terminates more than 30 days prior to the expiration of the
2    redemption period, the redemption period shall not be
3    extended.
4    (d) Amount Required to Redeem. The amount required to
5redeem shall be the sum of:
6        (1) The amount specified in the judgment of
7    foreclosure, which shall consist of (i) all principal and
8    accrued interest secured by the mortgage and due as of the
9    date of the judgment, (ii) all costs allowed by law, (iii)
10    costs and expenses approved by the court, (iv) to the
11    extent provided for in the mortgage and approved by the
12    court, additional costs, expenses and reasonable
13    attorneys' fees incurred by the mortgagee, (v) all amounts
14    paid pursuant to Section 15-1505 and (vi) per diem interest
15    from the date of judgment to the date of redemption
16    calculated at the mortgage rate of interest applicable as
17    if no default had occurred; and
18        (2) The amount of other expenses authorized by the
19    court which the mortgagee reasonably incurs between the
20    date of judgment and the date of redemption, which shall be
21    the amount certified by the mortgagee in accordance with
22    subsection (e) of Section 15-1603.
23    (e) Notice of Intent to Redeem. An owner of redemption who
24intends to redeem shall give written notice of such intent to
25redeem to the mortgagee's attorney of record specifying the
26date designated for redemption and the current address of the



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1owner of redemption for purposes of receiving notice. Such
2owner of redemption shall file with the clerk of the court a
3certification of the giving of such notice. The notice of
4intent to redeem must be received by the mortgagee's attorney
5at least 15 days (other than Saturday, Sunday or court holiday)
6prior to the date designated for redemption. The mortgagee
7shall thereupon file with the clerk of the court and shall give
8written notice to the owner of redemption at least three days
9(other than Saturday, Sunday or court holiday) before the date
10designated for redemption a certification, accompanied by
11copies of paid receipts or appropriate affidavits, of any
12expenses authorized in paragraph (2) of subsection (d) of
13Section 15-1603. If the mortgagee fails to serve such
14certification within the time specified herein, then the owner
15of redemption intending to redeem may redeem on the date
16designated for redemption in the notice of intent to redeem,
17and the mortgagee shall not be entitled to payment of any
18expenses authorized in paragraph (2) of subsection (d) of
19Section 15-1603.
20    (f) Procedure for Redemption.
21        (1) An owner of redemption may redeem the real estate
22    from the foreclosure by paying the amount specified in
23    subsection (d) of Section 15-1603 to the mortgagee or the
24    mortgagee's attorney of record on or before the date
25    designated for redemption pursuant to subsection (e) of
26    Section 15-1603.



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1        (2) If the mortgagee refuses to accept payment or if
2    the owner of redemption redeeming from the foreclosure
3    objects to the reasonableness of the additional expenses
4    authorized in paragraph (2) of subsection (d) of Section
5    15-1603 and certified in accordance with subsection (e) of
6    Section 15-1603, the owner of redemption shall pay the
7    certified amount to the clerk of the court on or before the
8    date designated for redemption, together with a written
9    statement specifying the expenses to which objection is
10    made. In such case the clerk shall pay to the mortgagee the
11    amount tendered minus the amount to which the objection
12    pertains.
13        (3) Upon payment to the clerk, whether or not the owner
14    of redemption files an objection at the time of payment,
15    the clerk shall give a receipt of payment to the person
16    redeeming from the foreclosure, and shall file a copy of
17    that receipt in the foreclosure record. Upon receipt of the
18    amounts specified to be paid to the mortgagee pursuant to
19    this Section, the mortgagee shall promptly furnish the
20    mortgagor with a release of the mortgage or satisfaction of
21    the judgment, as appropriate, and the evidence of all
22    indebtedness secured by the mortgage shall be cancelled.
23    (g) Procedure Upon Objection. If an objection is filed by
24an owner of redemption in accordance with paragraph (2) of
25subsection (f) of Section 15-1603, the clerk shall hold the
26amount to which the objection pertains until the court orders



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1distribution of those funds. The court shall hold a hearing
2promptly to determine the distribution of any funds held by the
3clerk pursuant to such objection. Each party shall pay its own
4costs and expenses in connection with any objection, including
5attorneys' fees, subject to Section 2-611 of the Code of Civil
7    (h) Failure to Redeem. Unless the real estate being
8foreclosed is redeemed from the foreclosure, it shall be sold
9as provided in this Article.
10(Source: P.A. 86-974.)
11    Section 15. The State Finance Act is amended by adding
12Section 5.786 as follows:
13    (30 ILCS 105/5.786 new)
14    Sec. 5.786. The Mortgage Foreclosure Prevention Fund.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".