97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3183

 

Introduced 2/24/2011, by Rep. Deborah Mell

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/Art. XV Pt. 18 heading new
735 ILCS 5/15-1801 new
735 ILCS 5/15-1802 new
735 ILCS 5/15-1803 new

    Amends the Code of Civil Procedure. Creates the Homeowner Bill of Rights in the Article known as the Illinois Mortgage Foreclosure Law. Provides that a mortgagee shall have access to all communications between the mortgagor and the mortgagee and between the mortgagee and any third party concerning the mortgagor, the mortgagee, and the mortgage note. Defines terms. Provides that the mortgagor may utilize a HUD-certified counselor to act as an intermediary or agent in interactions with the mortgagee.


LRB097 09263 AJO 49398 b

 

 

A BILL FOR

 

HB3183LRB097 09263 AJO 49398 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by adding
5Part 18 to Article XV as follows:
 
6    (735 ILCS 5/Art. XV Pt. 18 heading new)
7
Part 18. Homeowner Bill of Rights.

 
8    (735 ILCS 5/15-1801 new)
9    Sec. 15-1801. Application. This Article applies to
10residential property.
 
11    (735 ILCS 5/15-1802 new)
12    Sec. 15-1802. Access to records. Each mortgagor shall have
13the right to:
14        (1) have access to the mortgagee's record of all
15    communications between the mortgagor and the mortgagee and
16    of all communications between the mortgagee and any third
17    party about the mortgagor, the mortgage, or the mortgage
18    loan. "Communications" for purposes of this Section
19    include, but are not limited to: correspondence;
20    documents; memoranda; notices; written summaries of
21    telephone or in-person conversations or messages; any

 

 

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1    electronic communications such as email, including
2    attachments; and all retrievable information that is in
3    electronic or computer storage, in printed form;
4        (2) if the mortgagee is not the owner of the mortgage
5    note, a description of the manner of the transfer of the
6    ownership of the mortgage note, the identity and contact
7    information of the owner or assignee of the mortgage note,
8    along with copies of any document showing the transfer of
9    ownership of the mortgage note and any pooling or servicing
10    agreement that includes the mortgage note; and
11        (3) if the mortgagor is denied assistance under the
12    Making Home Affordable Program or the Home Affordable
13    Modification Program (HAMP) pursuant to the Emergency
14    Economic Stabilization Act of 2008, as amended by the
15    American Recovery and Reinvestment Act of 2009,
16    information about other alternate assistance programs and
17    options potentially available to the mortgagor.
 
18    (735 ILCS 5/15-1803 new)
19    Sec. 15-1803. Communication with certified housing
20counselor. Each mortgagor shall have the right, in any
21communication or interaction with the mortgagee, to have a
22third party HUD-certified housing counselor act as the
23intermediary between the mortgagor and the mortgagee, upon the
24mortgagor's request. In that instance, the mortgagee shall
25communicate with the housing counselor as it would with the

 

 

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1mortgagee. The housing counselor must be notified by the
2mortgagee of any offer or issue related to the mortgagor's
3mortgage or mortgage note as to which the mortgagor is being
4counseled.