Rep. Karen A. Yarbrough

Filed: 3/16/2011





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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 Sections 11-20-15 and 11-20-15.1 and by adding Section
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 the case of mortgages or
7mechanics' liens. An action to foreclose a lien under this
8Section must be commenced within 2 years after the date of
9filing notice of lien.
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 (i) 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 (i) 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, or Section



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111-31-1.01 shall apply only to activities performed, costs
2incurred, and liens filed after the effective date of this
3amendatory Act of the 96th General Assembly. Subsection (i) of
4Section 11-20-17 shall apply only to activities performed,
5costs incurred, and liens filed after the effective date of
6this amendatory Act of the 97th General Assembly.
7    (h) For the purposes of this Section and subsection (d) of
8Section 11-20-7, subsection (d) of Section 11-20-8, subsection
9(d) of Section 11-20-12, subsection (e) of Section 11-20-13,
10subsection (i) of Section 11-20-17, or Section 11-31-1.01:
11    "Abandoned residential property" means any type of
12permanent residential dwelling unit, including detached single
13family structures, and townhouses, condominium units and
14multifamily rental apartments covering the entire property,
15and manufactured homes treated under Illinois law as real
16estate and not as personal property, that has been unoccupied
17by any lawful occupant or occupants for at least 90 days, and
18for which after such 90 day period, the municipality has made
19good faith efforts to contact the legal owner or owners of the
20property identified on the recorded mortgage, or, if known, any
21agent of the owner or owners, and no contact has been made. A
22property for which the municipality has been given notice of
23the order of confirmation of sale pursuant to subsection (b-10)
24of Section 15-1508 of the Code of Civil Procedure shall not be
25deemed to be an abandoned residential property for the purposes
26of subsection (d) of Section 11-20-7, subsection (d) of Section



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111-20-8, subsection (d) of Section 11-20-12, subsection (e) of
2Section 11-20-13, subsection (i) of Section 11-20-17, and
3Section 11-31-1.01 of this Code.
4    "MERS program" means the nationwide Mortgage Electronic
5Registration System approved by Fannie Mae, Freddie Mac, and
6Ginnie Mae that has been created by the mortgage banking
7industry with the mission of registering every mortgage loan in
8the United States to lawfully make information concerning each
9residential mortgage loan and the property securing it
10available by Internet access to mortgage originators,
11servicers, warehouse lenders, wholesale lenders, retail
12lenders, document custodians, settlement agents, title
13companies, insurers, investors, county recorders, units of
14local government, and consumers.
15    (i) Any entity or person who performs a removal, securing,
16or enclosing activity pursuant to the authority of a
17municipality under subsection (d) of Section 11-20-7,
18subsection (d) of Section 11-20-8, subsection (d) of Section
1911-20-12, subsection (e) of Section 11-20-13, or Section
2011-31-1.01, may, in its, his, or her own name, file a lien
21pursuant to subsection (b) of this Section and appear in a
22foreclosure action on that lien pursuant to subsection (d) of
23this Section in the place of the municipality, provided that
24the municipality shall remain subject to subsection (c) of this
25Section, and such party shall be subject to all of the
26provisions in this Section as if such party were the



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2    (i-5) All amounts received by the municipality for costs
3incurred pursuant to this Section for which the municipality
4has been reimbursed under Section 7.31 of the Illinois Housing
5Development Act shall be remitted to the State Treasurer for
6deposit into the Abandoned Residential Property Municipality
7Relief Fund.
8    (j) If prior to subsection (d) of Section 11-20-7,
9subsection (d) of Section 11-20-8, subsection (d) of Section
1011-20-12, and subsection (e) of Section 11-20-13 becoming
11inoperative a lien is filed pursuant to any of those
12subsections, then the lien shall remain in full force and
13effect after the subsections have become inoperative, subject
14to all of the provisions of this Section. If prior to the
15repeal of Section 11-31-1.01 a lien is filed pursuant to
16Section 11-31-1.01, then the lien shall remain in full force
17and effect after the repeal of Section 11-31-1.01, subject to
18all of the provisions of this Section.
19(Source: P.A. 96-856, eff. 3-1-10; 96-1419, eff. 10-1-10.)
20    (65 ILCS 5/11-20-17 new)
21    Sec. 11-20-17. Vacant property.
22    (a) For the purposes of minimizing the hazards to persons
23and property resulting from vacant property, the corporate
24authorities of each municipality may, by ordinance, prescribe
25rules or regulations for the maintenance and security of vacant



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1property. The corporate authorities of a municipality may
2impose registration fees for vacant property and fines for
3failure to comply with ordinances enacted pursuant to this
5    (b) Pursuant to those ordinances, the corporate
6authorities of each municipality may hold responsible for
7maintaining and securing a vacant property (i) any owner of the
8property, (ii) any previous owner of the property who conveyed
9the property during the time it was vacant and failed to comply
10with any ordinance regarding the registration of vacant
11property, (iii) any trust beneficiary or other trustee who
12holds a deed of trust on the property, (iv) any mortgagee who
13holds a mortgage on the property, and (v) any assignee of an
14owner, beneficiary, trustee, or mortgagee.
15    (c) A beneficiary, trustee, or mortgagee seeking to comply
16with ordinances regarding the maintenance or security of vacant
17property may enter that property to remedy any potential
18violation of an ordinance to maintain or secure vacant
19property, provided that entry is not barred by an automatic
20stay issued by a bankruptcy court.
21    (d) Beneficiaries, trustees, mortgagees, and their agents
22and assignees shall be held harmless from and against all
23claims of negligence, civil trespass, and criminal trespass in
24connection with compliance activity under the ordinances for
25the maintenance or security of vacant property, provided that
26the person authorizing or engaging in the compliance activity



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



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1    (i) To enforce fees and fines pursuant to this Section, a
2municipality has the following options: (i) the municipality
3may elect to obtain a lien upon the underlying property for the
4removal cost in accordance with Section 11-20-15; (ii) in the
5case of an abandoned residential property as defined in Section
611-20-15.1, the municipality may elect to obtain a lien for the
7removal cost pursuant to Section 11-20-15.1, in which case the
8provisions of Section 11-20-15.1 shall be the exclusive remedy
9for the removal cost; or (iii) the municipality may elect to
10obtain a lien for the removal cost by exercising any
11enforcement actions available under its police powers or other
12statutory grant of authority.
13    (j) Nothing in this Section prohibits a municipality from
14obtaining and enforcing liens pursuant to any other local,
15State, or federal law.
16    Section 10. The Code of Civil Procedure is amended by
17changing Section 15-1603 as follows:
18    (735 ILCS 5/15-1603)  (from Ch. 110, par. 15-1603)
19    Sec. 15-1603. Redemption.
20    (a) Owner of Redemption. Except as provided in subsection
21(b) of Section 15-1402, only an owner of redemption may redeem
22from the foreclosure, and such owner of redemption may redeem
23only during the redemption period specified in subsection (b)
24of Section 15-1603 and only if the right of redemption has not



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



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1    waives any and all rights to a personal judgment for a
2    deficiency against the mortgagor and against all other
3    persons liable for the indebtedness or other obligations
4    secured by the mortgage.
5        (4) Notwithstanding paragraphs (1) and (2), the
6    redemption period shall end on the date 30 days after the
7    date the judgment of foreclosure is entered if, upon motion
8    and notice in accordance with court rules applicable to
9    motions generally, the court finds that the mortgaged real
10    estate has been abandoned. In cases where the redemption
11    period is shortened on account of abandonment, the
12    reinstatement period shall not extend beyond the
13    redemption period as shortened.
14            (A) The court may find that the mortgaged real
15        estate has been abandoned if evidence is presented
16        supporting the fact that the mortgaged property has
17        been abandoned. The court may not find that the
18        mortgaged real estate has been abandoned if an
19        appearance has been made and an objection has been
20        filed to the finding that the property has been
21        abandoned, or if the owner provides evidence that the
22        owner is working with, or making an attempt to work
23        with, the mortgagee to modify the mortgage.
24            (B) To determine that a property has been
25        abandoned, the court must find the following, based on
26        evidence presented by the moving party:



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1                (i) the mortgaged property is not actually
2            occupied; and
3                (ii) at least one of the following applies:
4                    (aa) more than 5 attempts to contact the
5                mortgagor have been made, at least one by
6                certified mail and one by telephone, if there
7                is a working telephone number for the
8                mortgagor; and at least 2 of the following
9                supporting facts are true:
10                        (I) construction was initiated on the
11                    property and was discontinued prior to
12                    completion, leaving the building
13                    unsuitable for occupancy, and no
14                    construction has taken place for at least 6
15                    months;
16                        (II) the property has had more than
17                    one uncorrected municipal code violation
18                    over the past year, or has been declared
19                    unfit for occupancy and ordered to remain
20                    vacant and unoccupied by the municipal
21                    authorities;
22                        (III) gas, electric, or water service
23                    to the entire premises has been
24                    terminated;
25                        (IV) windows or entrances to the
26                    premises are boarded up or closed off, or



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1                    multiple window panes are broken and
2                    unrepaired;
3                        (V) doors to the premises are smashed
4                    through, broken off, unhinged, or
5                    continuously unlocked;
6                        (VI) the police or sheriff's office
7                    has received at least 2 reports of
8                    trespassers on the premises or of
9                    vandalism or other illegal acts being
10                    committed on the premises in the past 6
11                    months;
12                    (bb) 2 or more attempts to contact the
13                mortgagor have been made and there exist
14                written statements of the mortgagor, the
15                mortgagor's personal representatives or
16                assigns, including documents of conveyance,
17                which indicate a clear intent to abandon the
18                premises; or
19                    (cc) 2 or more attempts to contact the
20                mortgagor have been made and the property is a
21                vacant lot.
22    (c) Extension of Redemption Period.
23        (1) Once expired, the right of redemption provided for
24    in Sections 15-1603 or 15-1604 shall not be revived. The
25    period within which the right of redemption provided for in
26    Sections 15-1603 or 15-1604 may be exercised runs



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1    independently of any action by any person to enforce the
2    judgment of foreclosure or effect a sale pursuant thereto.
3    Neither the initiation of any legal proceeding nor the
4    order of any court staying the enforcement of a judgment of
5    foreclosure or the sale pursuant to a judgment or the
6    confirmation of the sale, shall have the effect of tolling
7    the running of the redemption period.
8        (2) If a court has the authority to stay, and does
9    stay, the running of the redemption period, or if the
10    redemption period is extended by any statute of the United
11    States, the redemption period shall be extended until the
12    expiration of the same number of days after the expiration
13    of the stay order as the number of days remaining in the
14    redemption period at the time the stay order became
15    effective, or, if later, until the expiration of 30 days
16    after the stay order terminates. If the stay order
17    terminates more than 30 days prior to the expiration of the
18    redemption period, the redemption period shall not be
19    extended.
20    (d) Amount Required to Redeem. The amount required to
21redeem shall be the sum of:
22        (1) The amount specified in the judgment of
23    foreclosure, which shall consist of (i) all principal and
24    accrued interest secured by the mortgage and due as of the
25    date of the judgment, (ii) all costs allowed by law, (iii)
26    costs and expenses approved by the court, (iv) to the



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1    extent provided for in the mortgage and approved by the
2    court, additional costs, expenses and reasonable
3    attorneys' fees incurred by the mortgagee, (v) all amounts
4    paid pursuant to Section 15-1505 and (vi) per diem interest
5    from the date of judgment to the date of redemption
6    calculated at the mortgage rate of interest applicable as
7    if no default had occurred; and
8        (2) The amount of other expenses authorized by the
9    court which the mortgagee reasonably incurs between the
10    date of judgment and the date of redemption, which shall be
11    the amount certified by the mortgagee in accordance with
12    subsection (e) of Section 15-1603.
13    (e) Notice of Intent to Redeem. An owner of redemption who
14intends to redeem shall give written notice of such intent to
15redeem to the mortgagee's attorney of record specifying the
16date designated for redemption and the current address of the
17owner of redemption for purposes of receiving notice. Such
18owner of redemption shall file with the clerk of the court a
19certification of the giving of such notice. The notice of
20intent to redeem must be received by the mortgagee's attorney
21at least 15 days (other than Saturday, Sunday or court holiday)
22prior to the date designated for redemption. The mortgagee
23shall thereupon file with the clerk of the court and shall give
24written notice to the owner of redemption at least three days
25(other than Saturday, Sunday or court holiday) before the date
26designated for redemption a certification, accompanied by



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1copies of paid receipts or appropriate affidavits, of any
2expenses authorized in paragraph (2) of subsection (d) of
3Section 15-1603. If the mortgagee fails to serve such
4certification within the time specified herein, then the owner
5of redemption intending to redeem may redeem on the date
6designated for redemption in the notice of intent to redeem,
7and the mortgagee shall not be entitled to payment of any
8expenses authorized in paragraph (2) of subsection (d) of
9Section 15-1603.
10    (f) Procedure for Redemption.
11        (1) An owner of redemption may redeem the real estate
12    from the foreclosure by paying the amount specified in
13    subsection (d) of Section 15-1603 to the mortgagee or the
14    mortgagee's attorney of record on or before the date
15    designated for redemption pursuant to subsection (e) of
16    Section 15-1603.
17        (2) If the mortgagee refuses to accept payment or if
18    the owner of redemption redeeming from the foreclosure
19    objects to the reasonableness of the additional expenses
20    authorized in paragraph (2) of subsection (d) of Section
21    15-1603 and certified in accordance with subsection (e) of
22    Section 15-1603, the owner of redemption shall pay the
23    certified amount to the clerk of the court on or before the
24    date designated for redemption, together with a written
25    statement specifying the expenses to which objection is
26    made. In such case the clerk shall pay to the mortgagee the



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1    amount tendered minus the amount to which the objection
2    pertains.
3        (3) Upon payment to the clerk, whether or not the owner
4    of redemption files an objection at the time of payment,
5    the clerk shall give a receipt of payment to the person
6    redeeming from the foreclosure, and shall file a copy of
7    that receipt in the foreclosure record. Upon receipt of the
8    amounts specified to be paid to the mortgagee pursuant to
9    this Section, the mortgagee shall promptly furnish the
10    mortgagor with a release of the mortgage or satisfaction of
11    the judgment, as appropriate, and the evidence of all
12    indebtedness secured by the mortgage shall be cancelled.
13    (g) Procedure Upon Objection. If an objection is filed by
14an owner of redemption in accordance with paragraph (2) of
15subsection (f) of Section 15-1603, the clerk shall hold the
16amount to which the objection pertains until the court orders
17distribution of those funds. The court shall hold a hearing
18promptly to determine the distribution of any funds held by the
19clerk pursuant to such objection. Each party shall pay its own
20costs and expenses in connection with any objection, including
21attorneys' fees, subject to Section 2-611 of the Code of Civil
23    (h) Failure to Redeem. Unless the real estate being
24foreclosed is redeemed from the foreclosure, it shall be sold
25as provided in this Article.
26    (i) Mortgagees electing to release, discharge, or abandon



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1their mortgage interest in any property shall execute a binding
2written release declaring their discharge of the related lien
3and shall, within 30 days, record the release as provided in
4Section 28 of the Conveyances Act. The failure to record a
5written release creates a presumption that the mortgagee of
6record, or any of its, his, or her successors in interest, has
7knowingly interfered, delayed, and prevented the enforcement
8of any municipal ordinance concerning property.
9(Source: P.A. 86-974.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".