Rep. Karen A. Yarbrough

Filed: 5/30/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1853

2    AMENDMENT NO. ______. Amend Senate Bill 1853, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Housing Development Act is amended
6by changing Sections 7.30 and 7.31 as follows:
 
7    (20 ILCS 3805/7.30)
8    Sec. 7.30. Foreclosure Prevention Program.
9    (a) The Authority shall establish and administer a
10Foreclosure Prevention Program. The Authority shall use moneys
11in the Foreclosure Prevention Program Fund, and any other funds
12appropriated for this purpose, to make grants to (i) approved
13counseling agencies for approved housing counseling and (ii)
14approved community-based organizations for approved
15foreclosure prevention outreach programs. The Authority shall
16promulgate rules to implement this Program and may adopt

 

 

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1emergency rules as soon as practicable to begin implementation
2of the Program.
3    (b) Subject to appropriation, and except as specified in
4Section 15-1504.1 of the Code of Civil Procedure, the Authority
5shall make grants from the Foreclosure Prevention Program Fund
6as follows:
7        (1) 25% of the moneys in the Fund shall be used to make
8    grants to approved counseling agencies that provide
9    services in Illinois outside of the City of Chicago. Grants
10    shall be based upon the number of foreclosures filed in an
11    approved counseling agency's service area, the capacity of
12    the agency to provide foreclosure counseling services, and
13    any other factors that the Authority deems appropriate.
14        (2) 25% of the moneys in the Fund shall be distributed
15    to the City of Chicago to make grants to approved
16    counseling agencies located within the City of Chicago for
17    approved housing counseling or to support foreclosure
18    prevention counseling programs administered by the City of
19    Chicago.
20        (3) 25% of the moneys in the Fund shall be used to make
21    grants to approved community-based organizations located
22    outside of the City of Chicago for approved foreclosure
23    prevention outreach programs.
24        (4) 25% of the moneys in the Fund shall be used to make
25    grants to approved community-based organizations located
26    within the City of Chicago for approved foreclosure

 

 

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1    prevention outreach programs, with priority given to
2    programs that provide door-to-door outreach.
3    As used in this Section:
4    "Approved community-based organization" means a
5not-for-profit entity that provides educational and financial
6information to residents of a community through in-person
7contact. "Approved community-based organization" does not
8include a not-for-profit corporation or other entity or person
9that provides legal representation or advice in a civil
10proceeding or court-sponsored mediation services, or a
11governmental agency.
12    "Approved foreclosure prevention outreach program" means a
13program developed by an approved community-based organization
14that includes in-person contact with residents to provide (i)
15pre-purchase and post-purchase home ownership counseling, (ii)
16education about the foreclosure process and the options of a
17mortgagor in a foreclosure proceeding, and (iii) programs
18developed by an approved community-based organization in
19conjunction with a State or federally chartered financial
20institution.
21    "Approved counseling agency" means a housing counseling
22agency approved by the U.S. Department of Housing and Urban
23Development.
24    "Approved housing counseling" means in-person counseling
25provided by a counselor employed by an approved counseling
26agency to all borrowers, or documented telephone counseling

 

 

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1where a hardship would be imposed on one or more borrowers. A
2hardship shall exist in instances in which the borrower is
3confined to his or her home due to a medical condition, as
4verified in writing by a physician, or the borrower resides 50
5miles or more from the nearest approved counseling agency. In
6instances of telephone counseling, the borrower must supply all
7necessary documents to the counselor at least 72 hours prior to
8the scheduled telephone counseling session.
9    (c) (Blank). As used in this Section, "approved counseling
10agencies" and "approved housing counseling" have the meanings
11ascribed to those terms in Section 15-1502.5 of the Code of
12Civil Procedure.
13(Source: P.A. 96-1419, eff. 10-1-10.)
 
14    (20 ILCS 3805/7.31)
15    Sec. 7.31. Abandoned Residential Property Municipality
16Relief Program.
17    (a) The Authority shall establish and administer an
18Abandoned Residential Property Municipality Relief Program.
19The Authority shall use moneys in the Abandoned Residential
20Property Municipality Relief Fund, and any other funds
21appropriated for this purpose, to make grants to municipalities
22and to counties to assist with removal costs and securing or
23enclosing costs incurred by the municipality or county for:
24cutting of neglected weeds or grass, trimming of trees or
25bushes, and removal of nuisance bushes or trees; extermination

 

 

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1of pests or prevention of the ingress of pests; removal of
2garbage, debris, and graffiti; boarding up, closing off, or
3locking windows or entrances or otherwise making the interior
4of a building inaccessible to the general public; surrounding
5part or all of a vacant property with a fence or wall or
6otherwise making part or all of the property's underlying
7parcel inaccessible to the general public; demolition of vacant
8property; and repair or rehabilitation of vacant property
9pursuant to Section 11-20-15.1 of the Illinois Municipal Code,
10as approved by the Authority under the Program. For purposes of
11this subsection (a), "pests" has the meaning ascribed to that
12term in subsection (c) of Section 11-20-8 of the Illinois
13Municipal Code. The Authority shall promulgate rules for the
14administration, operation, and maintenance of the Program and
15may adopt emergency rules as soon as practicable to begin
16implementation of the Program.
17    (b) Subject to appropriation, the Authority shall make
18grants from the Abandoned Residential Property Municipality
19Relief Fund as follows:
20        (1) 75% of the moneys in the Fund shall be used to make
21    grants to distributed to municipalities, other than the
22    City of Chicago, and to counties to assist with removal
23    costs and securing or enclosing costs incurred by the
24    municipality pursuant to Section 11-20-15.1 of the
25    Illinois Municipal Code.
26        (2) 25% of the moneys in the Fund shall be used

 

 

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1    distributed to make grants to the City of Chicago to assist
2    with removal costs and securing or enclosing costs incurred
3    by the municipality pursuant to Section 11-20-15.1 of the
4    Illinois Municipal Code.
5(Source: P.A. 96-1419, eff. 10-1-10.)
 
6    Section 10. The Criminal Code of 1961 is amended by
7changing Section 21-3 as follows:
 
8    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
9    Sec. 21-3. Criminal trespass to real property.
10    (a) Except as provided in subsection (a-5), whoever:
11        (1) knowingly and without lawful authority enters or
12    remains within or on a building; or
13        (2) enters upon the land of another, after receiving,
14    prior to such entry, notice from the owner or occupant that
15    such entry is forbidden; or
16        (3) remains upon the land of another, after receiving
17    notice from the owner or occupant to depart; or
18        (3.5) presents false documents or falsely represents
19    his or her identity orally to the owner or occupant of a
20    building or land in order to obtain permission from the
21    owner or occupant to enter or remain in the building or on
22    the land; or
23        (4) intentionally removes a notice posted on
24    residential real estate as required by subsection (l) of

 

 

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1    Section 15-1505.8 of Article XV of the Code of Civil
2    Procedure before the date and time set forth in the notice;
3commits a Class B misdemeanor.
4    For purposes of item (1) of this subsection, this Section
5shall not apply to being in a building which is open to the
6public while the building is open to the public during its
7normal hours of operation; nor shall this Section apply to a
8person who enters a public building under the reasonable belief
9that the building is still open to the public.
10    (a-5) Except as otherwise provided in this subsection,
11whoever enters upon any of the following areas in or on a motor
12vehicle (including an off-road vehicle, motorcycle, moped, or
13any other powered two-wheel vehicle) after receiving, prior to
14that entry, notice from the owner or occupant that the entry is
15forbidden or remains upon or in the area after receiving notice
16from the owner or occupant to depart commits a Class A
17misdemeanor:
18        (1) A field that is used for growing crops or that is
19    capable of being used for growing crops.
20        (2) An enclosed area containing livestock.
21        (3) An orchard.
22        (4) A barn or other agricultural building containing
23    livestock.
24    (b) A person has received notice from the owner or occupant
25within the meaning of Subsection (a) if he has been notified
26personally, either orally or in writing including a valid court

 

 

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1order as defined by subsection (7) of Section 112A-3 of the
2Code of Criminal Procedure of 1963 granting remedy (2) of
3subsection (b) of Section 112A-14 of that Code, or if a printed
4or written notice forbidding such entry has been conspicuously
5posted or exhibited at the main entrance to such land or the
6forbidden part thereof.
7    (b-5) Subject to the provisions of subsection (b-10), as an
8alternative to the posting of real property as set forth in
9subsection (b), the owner or lessee of any real property may
10post the property by placing identifying purple marks on trees
11or posts around the area to be posted. Each purple mark shall
12be:
13        (1) A vertical line of at least 8 inches in length and
14    the bottom of the mark shall be no less than 3 feet nor
15    more than 5 feet high. Such marks shall be placed no more
16    than 100 feet apart and shall be readily visible to any
17    person approaching the property; or
18        (2) A post capped or otherwise marked on at least its
19    top 2 inches. The bottom of the cap or mark shall be not
20    less than 3 feet but not more than 5 feet 6 inches high.
21    Posts so marked shall be placed not more than 36 feet apart
22    and shall be readily visible to any person approaching the
23    property. Prior to applying a cap or mark which is visible
24    from both sides of a fence shared by different property
25    owners or lessees, all such owners or lessees shall concur
26    in the decision to post their own property.

 

 

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1    Nothing in this subsection (b-5) shall be construed to
2authorize the owner or lessee of any real property to place any
3purple marks on any tree or post or to install any post or
4fence if doing so would violate any applicable law, rule,
5ordinance, order, covenant, bylaw, declaration, regulation,
6restriction, contract, or instrument.
7    (b-10) Any owner or lessee who marks his or her real
8property using the method described in subsection (b-5) must
9also provide notice as described in subsection (b) of this
10Section. The public of this State shall be informed of the
11provisions of subsection (b-5) of this Section by the Illinois
12Department of Agriculture and the Illinois Department of
13Natural Resources. These Departments shall conduct an
14information campaign for the general public concerning the
15interpretation and implementation of subsection (b-5). The
16information shall inform the public about the marking
17requirements and the applicability of subsection (b-5)
18including information regarding the size requirements of the
19markings as well as the manner in which the markings shall be
20displayed. The Departments shall also include information
21regarding the requirement that, until the date this subsection
22becomes inoperative, any owner or lessee who chooses to mark
23his or her property using paint, must also comply with one of
24the notice requirements listed in subsection (b). The
25Departments may prepare a brochure or may disseminate the
26information through agency websites. Non-governmental

 

 

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1organizations including, but not limited to, the Illinois
2Forestry Association, Illinois Tree Farm and the Walnut Council
3may help to disseminate the information regarding the
4requirements and applicability of subsection (b-5) based on
5materials provided by the Departments. This subsection (b-10)
6is inoperative on and after January 1, 2013.
7    (b-15) Subsections (b-5) and (b-10) do not apply to real
8property located in a municipality of over 2,000,000
9inhabitants.
10    (c) This Section does not apply to any person, whether a
11migrant worker or otherwise, living on the land with permission
12of the owner or of his agent having apparent authority to hire
13workers on such land and assign them living quarters or a place
14of accommodations for living thereon, nor to anyone living on
15such land at the request of, or by occupancy, leasing or other
16agreement or arrangement with the owner or his agent, nor to
17anyone invited by such migrant worker or other person so living
18on such land to visit him at the place he is so living upon the
19land.
20    (d) A person shall be exempt from prosecution under this
21Section if he beautifies unoccupied and abandoned residential
22and industrial properties located within any municipality. For
23the purpose of this subsection, "unoccupied and abandoned
24residential and industrial property" means any real estate (1)
25in which the taxes have not been paid for a period of at least 2
26years; and (2) which has been left unoccupied and abandoned for

 

 

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1a period of at least one year; and "beautifies" means to
2landscape, clean up litter, or to repair dilapidated conditions
3on or to board up windows and doors.
4    (e) No person shall be liable in any civil action for money
5damages to the owner of unoccupied and abandoned residential
6and industrial property which that person beautifies pursuant
7to subsection (d) of this Section.
8    (e-5)(i) A mortgagee or agent of the mortgagee shall be
9exempt from prosecution for criminal trespass for entering,
10securing, or maintaining an abandoned residential property.
11    (ii) No mortgagee or agent of the mortgagee shall be liable
12to the mortgagor or other owner of an abandoned residential
13property in any civil action for negligence or civil trespass
14in connection with entering, securing, or maintaining the
15abandoned residential property.
16    (iii) For the purpose of this subsection (e-5) only,
17"abandoned residential property" means mortgaged real estate
18that the mortgagee or agent of the mortgagee determines in good
19faith meets the definition of abandoned residential property
20set forth in Section 15-1200.5 of Article XV of the Code of
21Civil Procedure.
22    (f) This Section does not prohibit a person from entering a
23building or upon the land of another for emergency purposes.
24For purposes of this subsection (f), "emergency" means a
25condition or circumstance in which an individual is or is
26reasonably believed by the person to be in imminent danger of

 

 

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1serious bodily harm or in which property is or is reasonably
2believed to be in imminent danger of damage or destruction.
3    (g) Paragraph (3.5) of subsection (a) does not apply to a
4peace officer or other official of a unit of government who
5enters a building or land in the performance of his or her
6official duties.
7    (h) A person may be liable in any civil action for money
8damages to the owner of the land he or she entered upon with a
9motor vehicle as prohibited under subsection (a-5) of this
10Section. A person may also be liable to the owner for court
11costs and reasonable attorney's fees. The measure of damages
12shall be: (i) the actual damages, but not less than $250, if
13the vehicle is operated in a nature preserve or registered area
14as defined in Sections 3.11 and 3.14 of the Illinois Natural
15Areas Preservation Act; (ii) twice the actual damages if the
16owner has previously notified the person to cease trespassing;
17or (iii) in any other case, the actual damages, but not less
18than $50. If the person operating the vehicle is under the age
19of 16, the owner of the vehicle and the parent or legal
20guardian of the minor are jointly and severally liable. For the
21purposes of this subsection (h):
22        "Land" includes, but is not limited to, land used for
23    crop land, fallow land, orchard, pasture, feed lot, timber
24    land, prairie land, mine spoil nature preserves and
25    registered areas. "Land" does not include driveways or
26    private roadways upon which the owner allows the public to

 

 

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1    drive.
2        "Owner" means the person who has the right to
3    possession of the land, including the owner, operator or
4    tenant.
5        "Vehicle" has the same meaning as provided under
6    Section 1-217 of the Illinois Vehicle Code.
7    (i) This Section does not apply to the following persons
8while serving process:
9        (1) a person authorized to serve process under Section
10    2-202 of the Code of Civil Procedure; or
11        (2) a special process server appointed by the circuit
12    court.
13(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
14revised 9-14-11.)
 
15    Section 15. The Code of Civil Procedure is amended by
16changing Sections 15-1219, 15-1503, 15-1504, 15-1504.1,
1715-1507.1, and 15-1508 and by adding Sections 15-1200.5,
1815-1200.7, and 15-1505.8 as follows:
 
19    (735 ILCS 5/15-1200.5 new)
20    Sec. 15-1200.5. Abandoned residential property. "Abandoned
21residential property" means residential real estate that:
22    (a) either:
23        (1) is not occupied by any mortgagor or lawful occupant
24    as a principal residence; or

 

 

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1        (2) contains an incomplete structure if the real estate
2    is zoned for residential development, where the structure
3    is empty or otherwise uninhabited and is in need of
4    maintenance, repair, or securing; and
5    (b) with respect to which either:
6        (1) two or more of the following conditions are shown
7    to exist:
8            (A) construction was initiated on the property and
9        was discontinued prior to completion, leaving a
10        building unsuitable for occupancy, and no construction
11        has taken place for at least 6 months;
12            (B) multiple windows on the property are boarded up
13        or closed off or are smashed through, broken off, or
14        unhinged, or multiple window panes are broken and
15        unrepaired;
16            (C) doors on the property are smashed through,
17        broken off, unhinged, or continuously unlocked;
18            (D) the property has been stripped of copper or
19        other materials, or interior fixtures to the property
20        have been removed;
21            (E) gas, electrical, or water services to the
22        entire property have been terminated;
23            (F) there exist one or more written statements of
24        the mortgagor or the mortgagor's personal
25        representative or assigns, including documents of
26        conveyance, which indicate a clear intent to abandon

 

 

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1        the property;
2            (G) law enforcement officials have received at
3        least one report of trespassing or vandalism or other
4        illegal acts being committed at the property in the
5        last 6 months;
6            (H) the property has been declared unfit for
7        occupancy and ordered to remain vacant and unoccupied
8        under an order issued by a municipal or county
9        authority or a court of competent jurisdiction;
10            (I) the local police, fire, or code enforcement
11        authority has requested the owner or other interested
12        or authorized party to secure or winterize the property
13        due to the local authority declaring the property to be
14        an imminent danger to the health, safety, and welfare
15        of the public;
16            (J) the property is open and unprotected and in
17        reasonable danger of significant damage due to
18        exposure to the elements, vandalism, or freezing; or
19            (K) there exists other evidence indicating a clear
20        intent to abandon the property; or
21        (2) the real estate is zoned for residential
22    development and is a vacant lot that is in need of
23    maintenance, repair, or securing.
 
24    (735 ILCS 5/15-1200.7 new)
25    Sec. 15-1200.7. Abandoned residential property;

 

 

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1exceptions. A property shall not be considered abandoned
2residential property if: (i) there is an unoccupied building
3which is undergoing construction, renovation, or
4rehabilitation that is proceeding diligently to completion,
5and the building is in substantial compliance with all
6applicable ordinances, codes, regulations, and laws; (ii)
7there is a building occupied on a seasonal basis, but otherwise
8secure; (iii) there is a secure building on which there are
9bona fide rental or sale signs; (iv) there is a building that
10is secure, but is the subject of a probate action, action to
11quiet title, or other ownership dispute; or (v) there is a
12building that is otherwise secure and in substantial compliance
13with all applicable ordinances, codes, regulations, and laws.
 
14    (735 ILCS 5/15-1219)  (from Ch. 110, par. 15-1219)
15    Sec. 15-1219. Residential Real Estate. "Residential real
16estate" means any real estate, except a single tract of
17agricultural real estate consisting of more than 40 acres,
18which is improved with a single family residence or residential
19condominium units or a multiple dwelling structure containing
20single family dwelling units for six or fewer families living
21independently of each other, which residence, or at least one
22of which condominium or dwelling units, is occupied as a
23principal residence either (i) if a mortgagor is an individual,
24by that mortgagor, that mortgagor's spouse or that mortgagor's
25descendants, or (ii) if a mortgagor is a trustee of a trust or

 

 

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1an executor or administrator of an estate, by a beneficiary of
2that trust or estate or by such beneficiary's spouse or
3descendants or (iii) if a mortgagor is a corporation, by
4persons owning collectively at least 50 percent of the shares
5of voting stock of such corporation or by a spouse or
6descendants of such persons. The use of a portion of
7residential real estate for non-residential purposes shall not
8affect the characterization of such real estate as residential
9real estate. For purposes of the definition of the term
10"abandoned residential property" in Section 15-1200.5 of this
11Article, "abandoned residential property" shall not include
12the requirement that the real estate be occupied, or if zoned
13for residential development, improved with a dwelling
14structure.
15(Source: P.A. 85-907.)
 
16    (735 ILCS 5/15-1503)  (from Ch. 110, par. 15-1503)
17    Sec. 15-1503. Notice of Foreclosure.
18    (a) A notice of foreclosure, whether the foreclosure is
19initiated by complaint or counterclaim, made in accordance with
20this Section and recorded in the county in which the mortgaged
21real estate is located shall be constructive notice of the
22pendency of the foreclosure to every person claiming an
23interest in or lien on the mortgaged real estate, whose
24interest or lien has not been recorded prior to the recording
25of such notice of foreclosure. Such notice of foreclosure must

 

 

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1be executed by any party or any party's attorney and shall
2include (i) the names of all plaintiffs and the case number,
3(ii) the court in which the action was brought, (iii) the names
4of title holders of record, (iv) a legal description of the
5real estate sufficient to identify it with reasonable
6certainty, (v) a common address or description of the location
7of the real estate and (vi) identification of the mortgage
8sought to be foreclosed. An incorrect common address or
9description of the location, or an immaterial error in the
10identification of a plaintiff or title holder of record, shall
11not invalidate the lis pendens effect of the notice under this
12Section. A notice which complies with this Section shall be
13deemed to comply with Section 2-1901 of the Code of Civil
14Procedure and shall have the same effect as a notice filed
15pursuant to that Section; however, a notice which complies with
16Section 2-1901 shall not be constructive notice unless it also
17complies with the requirements of this Section.
18    (b) With respect to residential real estate, a copy of the
19notice of foreclosure described in subsection (a) of Section
2015-1503 shall be sent by first class mail, postage prepaid, to
21the municipality within the boundary of which the mortgaged
22real estate is located, or to the county within the boundary of
23which the mortgaged real estate is located if the mortgaged
24real estate is located in an unincorporated territory. A
25municipality or county must clearly publish on its website a
26single address to which such notice shall be sent. If a

 

 

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1municipality or county does not maintain a website, then the
2municipality or county must publicly post in its main office a
3single address to which such notice shall be sent. In the event
4that a municipality or county has not complied with the
5publication requirement in this subsection (b), then the copy
6of the such notice to the municipality or county shall be sent
7by first class mail, postage prepaid, to the chairperson of the
8county board or county clerk in the case of a county, to the
9mayor or city clerk in the case of a city, to the president of
10the board of trustees or village clerk in the case of a
11village, or to the president or town clerk in the case of a
12town provided pursuant to Section 2-211 of the Code of Civil
13Procedure. Additionally, if the real estate is located in a
14city with a population of more than 2,000,000, regardless of
15whether that city has complied with the publication requirement
16in this subsection (b), the party must, within 10 days after
17filing the complaint or counterclaim: (i) send by first class
18mail, postage prepaid, a copy of the notice of foreclosure to
19the alderman for the ward in which the real estate is located
20and (ii) file an affidavit with the court attesting to the fact
21that the notice was sent to the alderman for the ward in which
22the real estate is located. The failure to send a copy of the
23notice to the alderman or to file an affidavit as required
24results in the dismissal without prejudice of the complaint or
25counterclaim on a motion of a party or the court. If, after the
26complaint or counterclaim has been dismissed without

 

 

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1prejudice, the party refiles the complaint or counterclaim,
2then the party must again comply with the requirements that the
3party send by first class mail, postage prepaid, the notice to
4the alderman for the ward in which the real estate is located
5and file an affidavit attesting to the fact that the notice was
6sent.
7(Source: P.A. 96-856, eff. 3-1-10.)
 
8    (735 ILCS 5/15-1504)  (from Ch. 110, par. 15-1504)
9    Sec. 15-1504. Pleadings and service.
10    (a) Form of Complaint. A foreclosure complaint may be in
11substantially the following form:
12        (1) Plaintiff files this complaint to foreclose the
13    mortgage (or other conveyance in the nature of a mortgage)
14    (hereinafter called "mortgage") hereinafter described and
15    joins the following person as defendants: (here insert
16    names of all defendants).
17        (2) Attached as Exhibit "A" is a copy of the mortgage
18    and as Exhibit "B" is a copy of the note secured thereby.
19        (3) Information concerning mortgage:
20            (A) Nature of instrument: (here insert whether a
21        mortgage, trust deed or other instrument in the nature
22        of a mortgage, etc.)
23            (B) Date of mortgage:
24            (C) Name of mortgagor:
25            (D) Name of mortgagee:

 

 

09700SB1853ham003- 21 -LRB097 07978 AJO 70373 a

1            (E) Date and place of recording:
2            (F) Identification of recording: (here insert book
3        and page number or document number)
4            (G) Interest subject to the mortgage: (here insert
5        whether fee simple, estate for years, undivided
6        interest, etc.)
7            (H) Amount of original indebtedness, including
8        subsequent advances made under the mortgage:
9            (I) Both the legal description of the mortgaged
10        real estate and the common address or other information
11        sufficient to identify it with reasonable certainty:
12            (J) Statement as to defaults, including, but not
13        necessarily limited to, date of default, current
14        unpaid principal balance, per diem interest accruing,
15        and any further information concerning the default:
16            (K) Name of present owner of the real estate:
17            (L) Names of other persons who are joined as
18        defendants and whose interest in or lien on the
19        mortgaged real estate is sought to be terminated:
20            (M) Names of defendants claimed to be personally
21        liable for deficiency, if any:
22            (N) Capacity in which plaintiff brings this
23        foreclosure (here indicate whether plaintiff is the
24        legal holder of the indebtedness, a pledgee, an agent,
25        the trustee under a trust deed or otherwise, as
26        appropriate):

 

 

09700SB1853ham003- 22 -LRB097 07978 AJO 70373 a

1            (O) Facts in support of redemption period shorter
2        than the longer of (i) 7 months from the date the
3        mortgagor or, if more than one, all the mortgagors (I)
4        have been served with summons or by publication or (II)
5        have otherwise submitted to the jurisdiction of the
6        court, or (ii) 3 months from the entry of the judgment
7        of foreclosure, if sought (here indicate whether based
8        upon the real estate not being residential,
9        abandonment, or real estate value less than 90% of
10        amount owed, etc.):
11            (P) Statement that the right of redemption has been
12        waived by all owners of redemption, if applicable:
13            (Q) Facts in support of request for attorneys' fees
14        and of costs and expenses, if applicable:
15            (R) Facts in support of a request for appointment
16        of mortgagee in possession or for appointment of
17        receiver, and identity of such receiver, if sought:
18            (S) Offer to mortgagor in accordance with Section
19        15-1402 to accept title to the real estate in
20        satisfaction of all indebtedness and obligations
21        secured by the mortgage without judicial sale, if
22        sought:
23            (T) Name or names of defendants whose right to
24        possess the mortgaged real estate, after the
25        confirmation of a foreclosure sale, is sought to be
26        terminated and, if not elsewhere stated, the facts in

 

 

09700SB1853ham003- 23 -LRB097 07978 AJO 70373 a

1        support thereof:
 
2
REQUEST FOR RELIEF
3    Plaintiff requests:
4        (i) A judgment of foreclosure and sale.
5        (ii) An order granting a shortened redemption period,
6    if sought.
7        (iii) A personal judgment for a deficiency, if sought.
8        (iv) An order granting possession, if sought.
9        (v) An order placing the mortgagee in possession or
10    appointing a receiver, if sought.
11        (vi) A judgment for attorneys' fees, costs and
12    expenses, if sought.
13    (b) Required Information. A foreclosure complaint need
14contain only such statements and requests called for by the
15form set forth in subsection (a) of Section 15-1504 as may be
16appropriate for the relief sought. Such complaint may be filed
17as a counterclaim, may be joined with other counts or may
18include in the same count additional matters or a request for
19any additional relief permitted by Article II of the Code of
20Civil Procedure.
21    (c) Allegations. The statements contained in a complaint in
22the form set forth in subsection (a) of Section 15-1504 are
23deemed and construed to include allegations as follows:
24        (1) on the date indicated the obligor of the
25    indebtedness or other obligations secured by the mortgage

 

 

09700SB1853ham003- 24 -LRB097 07978 AJO 70373 a

1    was justly indebted in the amount of the indicated original
2    indebtedness to the original mortgagee or payee of the
3    mortgage note;
4        (2) that the exhibits attached are true and correct
5    copies of the mortgage and note and are incorporated and
6    made a part of the complaint by express reference;
7        (3) that the mortgagor was at the date indicated an
8    owner of the interest in the real estate described in the
9    complaint and that as of that date made, executed and
10    delivered the mortgage as security for the note or other
11    obligations;
12        (4) that the mortgage was recorded in the county in
13    which the mortgaged real estate is located, on the date
14    indicated, in the book and page or as the document number
15    indicated;
16        (5) that defaults occurred as indicated;
17        (6) that at the time of the filing of the complaint the
18    persons named as present owners are the owners of the
19    indicated interests in and to the real estate described;
20        (7) that the mortgage constitutes a valid, prior and
21    paramount lien upon the indicated interest in the mortgaged
22    real estate, which lien is prior and superior to the right,
23    title, interest, claim or lien of all parties and nonrecord
24    claimants whose interests in the mortgaged real estate are
25    sought to be terminated;
26        (8) that by reason of the defaults alleged, if the

 

 

09700SB1853ham003- 25 -LRB097 07978 AJO 70373 a

1    indebtedness has not matured by its terms, the same has
2    become due by the exercise, by the plaintiff or other
3    persons having such power, of a right or power to declare
4    immediately due and payable the whole of all indebtedness
5    secured by the mortgage;
6        (9) that any and all notices of default or election to
7    declare the indebtedness due and payable or other notices
8    required to be given have been duly and properly given;
9        (10) that any and all periods of grace or other period
10    of time allowed for the performance of the covenants or
11    conditions claimed to be breached or for the curing of any
12    breaches have expired;
13        (11) that the amounts indicated in the statement in the
14    complaint are correctly stated and if such statement
15    indicates any advances made or to be made by the plaintiff
16    or owner of the mortgage indebtedness, that such advances
17    were, in fact, made or will be required to be made, and
18    under and by virtue of the mortgage the same constitute
19    additional indebtedness secured by the mortgage; and
20        (12) that, upon confirmation of the sale, the holder of
21    the certificate of sale or deed issued pursuant to that
22    certificate or, if no certificate or deed was issued, the
23    purchaser at the sale will be entitled to full possession
24    of the mortgaged real estate against the parties named in
25    clause (T) of paragraph (3) of subsection (a) of Section
26    15-1504 or elsewhere to the same effect; the omission of

 

 

09700SB1853ham003- 26 -LRB097 07978 AJO 70373 a

1    any party indicates that plaintiff will not seek a
2    possessory order in the order confirming sale unless the
3    request is subsequently made under subsection (h) of
4    Section 15-1701 or by separate action under Article 9 of
5    this Code.
6    (d) Request for Fees and Costs. A statement in the
7complaint that plaintiff seeks the inclusion of attorneys' fees
8and of costs and expenses shall be deemed and construed to
9include allegations that:
10        (1) plaintiff has been compelled to employ and retain
11    attorneys to prepare and file the complaint and to
12    represent and advise the plaintiff in the foreclosure of
13    the mortgage and the plaintiff will thereby become liable
14    for the usual, reasonable and customary fees of the
15    attorneys in that behalf;
16        (2) that the plaintiff has been compelled to advance or
17    will be compelled to advance, various sums of money in
18    payment of costs, fees, expenses and disbursements
19    incurred in connection with the foreclosure, including,
20    without limiting the generality of the foregoing, filing
21    fees, stenographer's fees, witness fees, costs of
22    publication, costs of procuring and preparing documentary
23    evidence and costs of procuring abstracts of title, Torrens
24    certificates, foreclosure minutes and a title insurance
25    policy;
26        (3) that under the terms of the mortgage, all such

 

 

09700SB1853ham003- 27 -LRB097 07978 AJO 70373 a

1    advances, costs, attorneys' fees and other fees, expenses
2    and disbursements are made a lien upon the mortgaged real
3    estate and the plaintiff is entitled to recover all such
4    advances, costs, attorneys' fees, expenses and
5    disbursements, together with interest on all advances at
6    the rate provided in the mortgage, or, if no rate is
7    provided therein, at the statutory judgment rate, from the
8    date on which such advances are made;
9        (4) that in order to protect the lien of the mortgage,
10    it may become necessary for plaintiff to pay taxes and
11    assessments which have been or may be levied upon the
12    mortgaged real estate;
13        (5) that in order to protect and preserve the mortgaged
14    real estate, it may also become necessary for the plaintiff
15    to pay liability (protecting mortgagor and mortgagee),
16    fire and other hazard insurance premiums on the mortgaged
17    real estate, make such repairs to the mortgaged real estate
18    as may reasonably be deemed necessary for the proper
19    preservation thereof, advance for costs to inspect the
20    mortgaged real estate or to appraise it, or both, and
21    advance for premiums for pre-existing private or
22    governmental mortgage insurance to the extent required
23    after a foreclosure is commenced in order to keep such
24    insurance in force; and
25        (6) that under the terms of the mortgage, any money so
26    paid or expended will become an additional indebtedness

 

 

09700SB1853ham003- 28 -LRB097 07978 AJO 70373 a

1    secured by the mortgage and will bear interest from the
2    date such monies are advanced at the rate provided in the
3    mortgage, or, if no rate is provided, at the statutory
4    judgment rate.
5    (e) Request for Foreclosure. The request for foreclosure is
6deemed and construed to mean that the plaintiff requests that:
7        (1) an accounting may be taken under the direction of
8    the court of the amounts due and owing to the plaintiff;
9        (2) that the defendants be ordered to pay to the
10    plaintiff before expiration of any redemption period (or,
11    if no redemption period, before a short date fixed by the
12    court) whatever sums may appear to be due upon the taking
13    of such account, together with attorneys' fees and costs of
14    the proceedings (to the extent provided in the mortgage or
15    by law);
16        (3) that in default of such payment in accordance with
17    the judgment, the mortgaged real estate be sold as directed
18    by the court, to satisfy the amount due to the plaintiff as
19    set forth in the judgment, together with the interest
20    thereon at the statutory judgment rate from the date of the
21    judgment;
22        (4) that in the event the plaintiff is a purchaser of
23    the mortgaged real estate at such sale, the plaintiff may
24    offset against the purchase price of such real estate the
25    amounts due under the judgment of foreclosure and order
26    confirming the sale;

 

 

09700SB1853ham003- 29 -LRB097 07978 AJO 70373 a

1        (5) that in the event of such sale and the failure of
2    any person entitled thereto to redeem prior to such sale
3    pursuant to this Article, the defendants made parties to
4    the foreclosure in accordance with this Article, and all
5    nonrecord claimants given notice of the foreclosure in
6    accordance with this Article, and all persons claiming by,
7    through or under them, and each and any and all of them,
8    may be forever barred and foreclosed of any right, title,
9    interest, claim, lien, or right to redeem in and to the
10    mortgaged real estate; and
11        (6) that if no redemption is made prior to such sale, a
12    deed may be issued to the purchaser thereat according to
13    law and such purchaser be let into possession of the
14    mortgaged real estate in accordance with Part 17 of this
15    Article.
16    (f) Request for Deficiency Judgment. A request for a
17personal judgment for a deficiency in a foreclosure complaint
18if the sale of the mortgaged real estate fails to produce a
19sufficient amount to pay the amount found due, the plaintiff
20may have a personal judgment against any party in the
21foreclosure indicated as being personally liable therefor and
22the enforcement thereof be had as provided by law.
23    (g) Request for Possession or Receiver. A request for
24possession or appointment of a receiver has the meaning as
25stated in subsection (b) of Section 15-1706.
26    (h) Answers by Parties. Any party may assert its interest

 

 

09700SB1853ham003- 30 -LRB097 07978 AJO 70373 a

1by counterclaim and such counterclaim may at the option of that
2party stand in lieu of answer to the complaint for foreclosure
3and all counter complaints previously or thereafter filed in
4the foreclosure. Any such counterclaim shall be deemed to
5constitute a statement that the counter claimant does not have
6sufficient knowledge to form a belief as to the truth or
7falsity of the allegations of the complaint and all other
8counterclaims, except to the extent that the counterclaim
9admits or specifically denies such allegations.
10(Source: P.A. 91-357, eff. 7-29-99.)
 
11    (735 ILCS 5/15-1504.1)
12    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
13Program Fund.
14    (a) With respect to residential real estate, at the time of
15the filing of a foreclosure complaint, the plaintiff shall pay
16to the clerk of the court in which the foreclosure complaint is
17filed a fee of $50 for deposit into the Foreclosure Prevention
18Program Fund, a special fund created in the State treasury. The
19clerk shall remit the fee to the State Treasurer as provided in
20this Section to be expended for the purposes set forth in
21Section 7.30 of the Illinois Housing Development Act. All fees
22paid by plaintiffs to the clerk of the court as provided in
23this Section shall be disbursed within 60 days after receipt by
24the clerk of the court as follows: (i) 98% to the State
25Treasurer for deposit into the Foreclosure Prevention Program

 

 

09700SB1853ham003- 31 -LRB097 07978 AJO 70373 a

1Fund, and (ii) 2% to the clerk of the court for administrative
2expenses related to implementation of this Section.
3Notwithstanding any other law to the contrary, the Foreclosure
4Prevention Program Fund is not subject to sweeps,
5administrative charge-backs, or any other fiscal maneuver that
6would in any way transfer any amounts from the Foreclosure
7Prevention Program Fund into any other fund of the State.
8    (a-5) With respect to residential real estate, at the time
9of the filing of a foreclosure complaint, a plaintiff that,
10together with its affiliates, has total assets greater than
11$10,000,000,000, or is filing on behalf of an entity that,
12together with its affiliates, has total assets greater than
13$10,000,000,000 shall pay to the clerk of the court in which
14the foreclosure complaint is filed an additional fee of $500.
15In no instance shall this fee be assessed to any "bank" as
16defined in paragraph (8) of subsection (a) of Section 9-102 of
17the Uniform Commercial Code that, together with its affiliates,
18has total assets of $10,000,000,000 or less. In no instance
19shall this fee be assessed for any foreclosure complaint filed
20before the effective date of this amendatory Act of the 97th
21General Assembly. The clerk shall remit the fee to the State
22Treasurer as provided in this Section to be expended for the
23purposes set forth below. All fees paid by plaintiffs to the
24clerk of the court as provided in this Section shall be
25disbursed within 60 days after receipt by the clerk of the
26court as follows:

 

 

09700SB1853ham003- 32 -LRB097 07978 AJO 70373 a

1        (1) 49% to the State Treasurer for deposit into the
2    Foreclosure Prevention Program Fund to make grants to
3    approved counseling agencies for approved housing
4    counseling. The Illinois Housing Development Authority
5    shall distribute the portion of this fee that is designated
6    for the Foreclosure Prevention Program Fund as follows:
7            (A) 30% shall be used to make grants for approved
8        housing counseling in Cook County outside of the City
9        of Chicago;
10            (B) 25% shall be used to make grants for approved
11        housing counseling in the City of Chicago;
12            (C) 30% shall be used to make grants for approved
13        housing counseling in DuPage, Kane, Lake, McHenry, and
14        Will Counties; and
15            (D) 15% shall be used to make grants for approved
16        housing counseling outside Cook, DuPage, Kane, Lake,
17        McHenry, and Will Counties;
18        (2) 49% to the State Treasurer for deposit into the
19    Abandoned Residential Property Municipality Relief Fund;
20    and
21        (3) 2% to the clerk of the court for administrative
22    expenses related to implementation of this Section.
23    (b) Not later than March 1 of each year, the clerk of the
24court shall submit to the Illinois Housing Development
25Authority a report of the funds collected and remitted pursuant
26to this Section during the preceding year.

 

 

09700SB1853ham003- 33 -LRB097 07978 AJO 70373 a

1    (c) As used in this Section:
2    "Affiliate" means any company that controls, is controlled
3by, or is under common control with another company.
4    "Approved counseling agency" and "approved housing
5counseling" have the meanings ascribed to those terms in
6Section 7.30 of the Illinois Housing Development Act.
7(Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11.)
 
8    (735 ILCS 5/15-1505.8 new)
9    Sec. 15-1505.8. Expedited judgment and sale procedure for
10abandoned residential property.
11    (a) Upon motion and notice, the mortgagee may elect to
12utilize the expedited judgment and sale procedure for abandoned
13residential property stated in this Section to obtain a
14judgment of foreclosure pursuant to Section 15-1506. The motion
15to expedite the judgment and sale may be combined with or made
16part of the motion requesting a judgment of foreclosure. The
17notice of the motion to expedite the judgment and sale shall be
18sent by first-class mail to the last known address of the
19mortgagor, and the notice required by paragraph (1) of
20subsection (l) of this Section shall be posted at the property
21address.
22    (b) The motion requesting an expedited judgment of
23foreclosure and sale may be filed by the mortgagee at the time
24the foreclosure complaint is filed or any time thereafter, and
25shall set forth the facts demonstrating that the mortgaged real

 

 

09700SB1853ham003- 34 -LRB097 07978 AJO 70373 a

1estate is abandoned residential real estate under Section
215-1200.5 and shall be supported by affidavit.
3    (c) If a motion for an expedited judgment and sale is filed
4at the time the foreclosure complaint is filed or before the
5period to answer the foreclosure complaint has expired, the
6motion shall be heard by the court no earlier than before the
7period to answer the foreclosure complaint has expired and no
8later than 15 days after the period to answer the foreclosure
9complaint has expired.
10    (d) If a motion for an expedited judgment and sale is filed
11after the period to answer the foreclosure complaint has
12expired, the motion shall be heard no later than 15 days after
13the motion is filed.
14    (e) The hearing shall be given priority by the court and
15shall be scheduled to be heard within the applicable time
16period set forth in subsection (c) or (d) of this Section.
17    (f) Subject to subsection (g), at the hearing on the motion
18requesting an expedited judgment and sale, if the court finds
19that the mortgaged real estate is abandoned residential
20property, the court shall grant the motion and immediately
21proceed to a trial of the foreclosure. A judgment of
22foreclosure under this Section shall include the matters
23identified in Section 15-1506.
24    (g) The court may not grant the motion requesting an
25expedited judgment and sale if the mortgagor, an unknown owner,
26or a lawful occupant appears in the action in any manner before

 

 

09700SB1853ham003- 35 -LRB097 07978 AJO 70373 a

1or at the hearing and objects to a finding of abandonment.
2    (h) The court shall vacate an order issued pursuant to
3subsection (f) of this Section if the mortgagor or a lawful
4occupant appears in the action at any time prior to the court
5issuing an order confirming the sale pursuant to subsection
6(b-3) of Section 15-1508 and presents evidence establishing to
7the satisfaction of the court that the mortgagor or lawful
8occupant has not abandoned the mortgaged real estate.
9    (i) The reinstatement period and redemption period for the
10abandoned residential property shall end in accordance with
11paragraph (4) of subsection (b) of Section 15-1603, and the
12abandoned residential property shall be sold at the earliest
13practicable time at a sale as provided in this Article.
14    (j) The mortgagee or its agent may enter, secure, and
15maintain abandoned residential property subject to subsection
16(e-5) of Section 21-3 of the Criminal Code of 1961.
17    (k) Personal property.
18        (1) Upon confirmation of the sale held pursuant to
19    Section 15-1507, any personal property remaining in or upon
20    the abandoned residential property shall be deemed to have
21    been abandoned by the owner of such personal property and
22    may be disposed of or donated by the holder of the
23    certificate of sale (or, if none, by the purchaser at the
24    sale). In the event of donation of any such personal
25    property, the holder of the certificate of sale (or, if
26    none, the purchaser at the sale) may transfer such donated

 

 

09700SB1853ham003- 36 -LRB097 07978 AJO 70373 a

1    property with a bill of sale. No mortgagee or its
2    successors or assigns, holder of a certificate of sale, or
3    purchaser at the sale shall be liable for any such disposal
4    or donation of personal property.
5        (2) Notwithstanding paragraph (1) of this subsection
6    (k), in the event a lawful occupant is in possession of the
7    mortgaged real estate who has not been made a party to the
8    foreclosure and had his or her interests terminated
9    therein, any personal property of the lawful occupant shall
10    not be deemed to have been abandoned, nor shall the rights
11    of the lawful occupant to any personal property be
12    affected.
13    (l) Notices to be posted at property address.
14        (1) The notice set out in this paragraph (1) of this
15    subsection (l) shall be conspicuously posted at the
16    property address at least 14 days before the hearing on the
17    motion requesting an expedited judgment and sale and shall
18    be in boldface, in at least 12 font type, and in
19    substantially the following form:
 
20
"NOTICE TO ANY TENANT OR OTHER LAWFUL
21
OCCUPANT OF THIS PROPERTY

 
22A lawsuit has been filed to foreclose on this property, and the
23party asking to foreclose on this property has asked a judge to
24find that THIS PROPERTY IS ABANDONED.
 

 

 

09700SB1853ham003- 37 -LRB097 07978 AJO 70373 a

1The judge will be holding a hearing to decide whether this
2property is ABANDONED.
 
3IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
4CHOOSE TO GO TO THIS HEARING and explain to the judge how you
5are a lawful occupant of this property.
 
6If the judge is satisfied that you are a LAWFUL OCCUPANT of
7this property, the court will find that this property is NOT
8ABANDONED.
 
9This hearing will be held in the courthouse at the following
10address, date, and time:
 
11Court name:..................................................
12Court address:...............................................
13Court room number where hearing will be held:................
14(There should be a person in this room called a CLERK who can
15help you. Make sure you know THIS PROPERTY'S ADDRESS.)
16Date of hearing:.............................................
17Time of hearing:.............................................
 
18
MORE INFORMATION

 
19Name of lawsuit:.............................................

 

 

09700SB1853ham003- 38 -LRB097 07978 AJO 70373 a

1Number of lawsuit:...........................................
2Address of this property:....................................
 
3
IMPORTANT

 
4This is NOT a notice to vacate the premises. You may wish to
5contact a lawyer or your local legal aid or housing counseling
6agency to discuss any rights that you may have.
 
7
WARNING

 
8INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
9STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
10UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
11LAW. 720 ILCS 5/21-3(a).
 
12
NO TRESPASSING

 
13KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
14CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
15FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).".
16        (2) The notice set out in this paragraph (2) of this
17    subsection (l) shall be conspicuously posted at the
18    property address at least 14 days before the hearing to
19    confirm the sale of the abandoned residential property and
20    shall be in boldface, in at least 12 font type, and in

 

 

09700SB1853ham003- 39 -LRB097 07978 AJO 70373 a

1    substantially the following form:
 
2
"NOTICE TO ANY TENANT OR OTHER LAWFUL
3
OCCUPANT OF THIS PROPERTY

 
4A lawsuit has been filed to foreclose on this property, and the
5judge has found that THIS PROPERTY IS ABANDONED. As a result,
6THIS PROPERTY HAS BEEN OR WILL BE SOLD.
 
7HOWEVER, there still must be a hearing for the judge to approve
8the sale. The judge will NOT APPROVE this sale if the judge
9finds that any person lawfully occupies any part of this
10property.
 
11IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
12CHOOSE TO GO TO THIS HEARING and explain to the judge how you
13are a lawful occupant of this property. You also may appear
14BEFORE this hearing and explain to the judge how you are a
15lawful occupant of this property.
 
16If the judge is satisfied that you are a LAWFUL OCCUPANT of
17this property, the court will find that this property is NOT
18ABANDONED, and there will be no sale of the property at this
19time.
 
20This hearing will be held in the courthouse at the following

 

 

09700SB1853ham003- 40 -LRB097 07978 AJO 70373 a

1address, date, and time:
 
2Court name:..................................................
3Court address:...............................................
4Court room number where hearing will be held:................
5(There should be a person in this room called a CLERK who can
6help you. Make sure you know THIS PROPERTY'S ADDRESS.)
7Date of hearing:.............................................
8Time of hearing:.............................................
 
9
MORE INFORMATION

 
10Name of lawsuit:.............................................
11Number of lawsuit:...........................................
12Address of this property:....................................
 
13
IMPORTANT

 
14This is NOT a notice to vacate the premises. You may wish to
15contact a lawyer or your local legal aid or housing counseling
16agency to discuss any rights that you may have.
 
17
WARNING

 
18INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
19STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY

 

 

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1UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
2LAW. 720 ILCS 5/21-3(a).
 
3
NO TRESPASSING

 
4KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
5CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
6FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
7    (m) Reports. Beginning on February 1, 2013 and then every 6
8months thereafter, any mortgagee that has filed a motion to
9expedite the judgment and sale shall complete and submit to the
10Illinois Department of Financial and Professional Regulation a
11report that indicates: (i) the number of motions to expedite
12the judgment and sale that were filed by the mortgagee during
13the reporting period and the number of properties that were the
14subject of such motions filed by the mortgagee, aggregated by
15zip code; (ii) the number of motions to expedite the judgment
16and sale that were granted to the mortgagee during the
17reporting period and the number of properties for which the
18mortgagee was granted an expedited motion and sale, aggregated
19by zip code; and (iii) the number of judicial sales to the
20mortgagee for properties that were the subject of expedited
21judgment and sale procedures during the reporting period and
22the number of properties acquired by the mortgagee during the
23reporting period, aggregated by zip code. Reports covering the
24period of January 1 through June 30 shall be completed and

 

 

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1submitted no later than August 1 of the year that is the
2subject of the report. Reports covering the period of July 1
3through December 31 shall be completed and submitted no later
4than February 1 of the year following the year that is the
5subject of the report. Within 30 days after receiving such a
6report, the Illinois Department of Financial and Professional
7Regulation shall forward a copy of the report to the City of
8Chicago Department of Housing and Economic Development.
 
9    (735 ILCS 5/15-1507.1)
10    (Section scheduled to be repealed on March 2, 2016)
11    Sec. 15-1507.1. Judicial sale fee for Abandoned
12Residential Property Municipality Relief Fund.
13    (a) Upon and at the sale of residential real estate under
14Section 15-1507, the purchaser shall pay to the person
15conducting the sale pursuant to Section 15-1507 a fee of $750
16for deposit into the Abandoned Residential Property
17Municipality Relief Fund, a special fund created in the State
18treasury, if the purchaser is a . The fee shall be calculated at
19the rate of $1 for each $1,000 or fraction thereof of the
20amount paid by the purchaser to the person conducting the sale,
21as reflected in the receipt of sale issued to the purchaser,
22provided that in no event shall the fee exceed $300. No fee
23shall be paid by the mortgagee acquiring the residential real
24estate pursuant to its credit bid at the sale or by any
25mortgagee, judgment creditor, or other lienor acquiring the

 

 

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1residential real estate whose rights in and to the residential
2real estate arose prior to the sale, and if the mortgagee,
3judgment creditor, or other lienor, together with its
4affiliates, has total assets greater than $10,000,000,000, or
5if the mortgagee, judgment creditor, or other lienor is acting
6at the sale on behalf of an entity that, together with its
7affiliates, has total assets greater than $10,000,000,000. In
8no instance shall this fee be assessed to any "bank" as defined
9in paragraph (8) of subsection (a) of Section 9-102 of the
10Uniform Commercial Code that, together with its affiliates, has
11total assets of $10,000,000,000 or less. In no instance shall
12this fee be assessed for any judicial sale completed before the
13effective date of this amendatory Act of the 97th General
14Assembly. Notwithstanding any other law to the contrary, the
15Abandoned Residential Property Municipality Fund is not
16subject to sweeps, administrative charge-backs, or any other
17fiscal maneuver that would in any way transfer any amounts from
18the Abandoned Residential Property Municipality Fund into any
19other fund of the State. Upon confirmation of the sale under
20Section 15-1508, the person conducting the sale shall remit the
21fee to the clerk of the court in which the foreclosure case is
22pending. The clerk shall remit the fee to the State Treasurer
23as provided in this Section, to be expended for the purposes
24set forth in Section 7.31 of the Illinois Housing Development
25Act.
26    (b) All fees paid by purchasers as provided in this Section

 

 

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1shall be disbursed within 60 days after receipt by the clerk of
2the court as follows: (i) 98% to the State Treasurer for
3deposit into the Abandoned Residential Property Municipality
4Relief Fund, and (ii) 2% to the clerk of the court for
5administrative expenses related to implementation of this
6Section.
7    (c) Not later than March 1 of each year, the clerk of the
8court shall submit to the Illinois Housing Development
9Authority a report of the funds collected and remitted during
10the preceding year pursuant to this Section.
11    (d) Subsections (a) and (b) of this Section shall become
12inoperative on January 1, 2018 2016. This Section is repealed
13on March 2, 2018 2016.
14    (e) As used in this Section, "affiliate" means any company
15that controls, is controlled by, or is under common control
16with another company.
17(Source: P.A. 96-1419, eff. 10-1-10.)
 
18    (735 ILCS 5/15-1508)  (from Ch. 110, par. 15-1508)
19    Sec. 15-1508. Report of Sale and Confirmation of Sale.
20    (a) Report. The person conducting the sale shall promptly
21make a report to the court, which report shall include a copy
22of all receipts and, if any, certificate of sale.
23    (b) Hearing. Upon motion and notice in accordance with
24court rules applicable to motions generally, which motion shall
25not be made prior to sale, the court shall conduct a hearing to

 

 

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1confirm the sale. Unless the court finds that (i) a notice
2required in accordance with subsection (c) of Section 15-1507
3was not given, (ii) the terms of sale were unconscionable,
4(iii) the sale was conducted fraudulently, or (iv) justice was
5otherwise not done, the court shall then enter an order
6confirming the sale. The confirmation order shall include a
7name, address, and telephone number of the holder of the
8certificate of sale or deed issued pursuant to that certificate
9or, if no certificate or deed was issued, the purchaser, whom a
10municipality or county may contact with concerns about the real
11estate. The confirmation order may also:
12        (1) approve the mortgagee's fees and costs arising
13    between the entry of the judgment of foreclosure and the
14    confirmation hearing, those costs and fees to be allowable
15    to the same extent as provided in the note and mortgage and
16    in Section 15-1504;
17        (2) provide for a personal judgment against any party
18    for a deficiency; and
19        (3) determine the priority of the judgments of parties
20    who deferred proving the priority pursuant to subsection
21    (h) of Section 15-1506, but the court shall not defer
22    confirming the sale pending the determination of such
23    priority.
24    (b-3) Hearing to confirm sale of abandoned residential
25property. Upon motion and notice by first-class mail to the
26last known address of the mortgagor, which motion shall be made

 

 

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1prior to the sale and heard by the court at the earliest
2practicable time after conclusion of the sale, and upon the
3posting at the property address of the notice required by
4paragraph (2) of subsection (l) of Section 15-1505.8, the court
5shall enter an order confirming the sale of the abandoned
6residential property, unless the court finds that a reason set
7forth in items (i) through (iv) of subsection (b) of this
8Section exists for not approving the sale, or an order is
9entered pursuant to subsection (h) of Section 15-1505.8. The
10confirmation order also may address the matters identified in
11items (1) through (3) of subsection (b) of this Section. The
12notice required under subsection (b-5) of this Section shall
13not be required.
14    (b-5) Notice with respect to residential real estate. With
15respect to residential real estate, the notice required under
16subsection (b) of this Section shall be sent to the mortgagor
17even if the mortgagor has previously been held in default. In
18the event the mortgagor has filed an appearance, the notice
19shall be sent to the address indicated on the appearance. In
20all other cases, the notice shall be sent to the mortgagor at
21the common address of the foreclosed property. The notice shall
22be sent by first class mail. Unless the right to possession has
23been previously terminated by the court, the notice shall
24include the following language in 12-point boldface
25capitalized type:
26
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO

 

 

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1
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
2
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
3
ILLINOIS MORTGAGE FORECLOSURE LAW.
4    (b-10) Notice of confirmation order sent to municipality or
5county. A copy of the confirmation order required under
6subsection (b) shall be sent to the municipality in which the
7foreclosed property is located, or to the county within the
8boundary of which the foreclosed property is located if the
9foreclosed property is located in an unincorporated territory.
10A municipality or county must clearly publish on its website a
11single address to which a copy of the order such notice shall
12be sent. If a municipality or county does not maintain a
13website, then the municipality or county must publicly post in
14its main office a single address to which a copy of the order
15such notice shall be sent. In the event that a municipality or
16county has not complied with the publication requirement in
17this subsection (b-10), then a copy of the order such notice to
18the municipality or county shall be sent by first class mail,
19postage prepaid, to the chairperson of the county board or
20county clerk in the case of a county, to the mayor or city
21clerk in the case of a city, to the president of the board of
22trustees or village clerk in the case of a village, or to the
23president or town clerk in the case of a town provided pursuant
24to Section 2-211 of the Code of Civil Procedure.
25    (b-15) Notice of confirmation order sent to known insurers.
26With respect to residential real estate, the party filing the

 

 

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1complaint shall send a copy of the confirmation order required
2under subsection (b) by first class mail, postage prepaid, to
3the last-known property insurer of the foreclosed property.
4Failure to send or receive a copy of the order shall not impair
5or abrogate in any way the rights of the mortgagee or purchaser
6or affect the status of the foreclosure proceedings.
7    (c) Failure to Give Notice. If any sale is held without
8compliance with subsection (c) of Section 15-1507 of this
9Article, any party entitled to the notice provided for in
10paragraph (3) of that subsection (c) who was not so notified
11may, by motion supported by affidavit made prior to
12confirmation of such sale, ask the court which entered the
13judgment to set aside the sale. Any such party shall guarantee
14or secure by bond a bid equal to the successful bid at the
15prior sale, unless the party seeking to set aside the sale is
16the mortgagor, the real estate sold at the sale is residential
17real estate, and the mortgagor occupies the residential real
18estate at the time the motion is filed. In that event, no
19guarantee or bond shall be required of the mortgagor. Any
20subsequent sale is subject to the same notice requirement as
21the original sale.
22    (d) Validity of Sale. Except as provided in subsection (c)
23of Section 15-1508, no sale under this Article shall be held
24invalid or be set aside because of any defect in the notice
25thereof or in the publication of the same, or in the
26proceedings of the officer conducting the sale, except upon

 

 

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1good cause shown in a hearing pursuant to subsection (b) of
2Section 15-1508. At any time after a sale has occurred, any
3party entitled to notice under paragraph (3) of subsection (c)
4of Section 15-1507 may recover from the mortgagee any damages
5caused by the mortgagee's failure to comply with such paragraph
6(3). Any party who recovers damages in a judicial proceeding
7brought under this subsection may also recover from the
8mortgagee the reasonable expenses of litigation, including
9reasonable attorney's fees.
10    (d-5) Making Home Affordable Program. The court that
11entered the judgment shall set aside a sale held pursuant to
12Section 15-1507, upon motion of the mortgagor at any time prior
13to the confirmation of the sale, if the mortgagor proves by a
14preponderance of the evidence that (i) the mortgagor has
15applied for assistance under the Making Home Affordable Program
16established by the United States Department of the Treasury
17pursuant to the Emergency Economic Stabilization Act of 2008,
18as amended by the American Recovery and Reinvestment Act of
192009, and (ii) the mortgaged real estate was sold in material
20violation of the program's requirements for proceeding to a
21judicial sale. The provisions of this subsection (d-5), except
22for this sentence, shall become inoperative on January 1, 2013
23for all actions filed under this Article after December 31,
242012, in which the mortgagor did not apply for assistance under
25the Making Home Affordable Program on or before December 31,
262012.

 

 

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1    (e) Deficiency Judgment. In any order confirming a sale
2pursuant to the judgment of foreclosure, the court shall also
3enter a personal judgment for deficiency against any party (i)
4if otherwise authorized and (ii) to the extent requested in the
5complaint and proven upon presentation of the report of sale in
6accordance with Section 15-1508. Except as otherwise provided
7in this Article, a judgment may be entered for any balance of
8money that may be found due to the plaintiff, over and above
9the proceeds of the sale or sales, and enforcement may be had
10for the collection of such balance, the same as when the
11judgment is solely for the payment of money. Such judgment may
12be entered, or enforcement had, only in cases where personal
13service has been had upon the persons personally liable for the
14mortgage indebtedness, unless they have entered their
15appearance in the foreclosure action.
16    (f) Satisfaction. Upon confirmation of the sale, the
17judgment stands satisfied to the extent of the sale price less
18expenses and costs. If the order confirming the sale includes a
19deficiency judgment, the judgment shall become a lien in the
20manner of any other judgment for the payment of money.
21    (g) The order confirming the sale shall include,
22notwithstanding any previous orders awarding possession during
23the pendency of the foreclosure, an award to the purchaser of
24possession of the mortgaged real estate, as of the date 30 days
25after the entry of the order, against the parties to the
26foreclosure whose interests have been terminated.

 

 

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1    An order of possession authorizing the removal of a person
2from possession of the mortgaged real estate shall be entered
3and enforced only against those persons personally named as
4individuals in the complaint or the petition under subsection
5(h) of Section 15-1701 and in the order of possession and shall
6not be entered and enforced against any person who is only
7generically described as an unknown owner or nonrecord claimant
8or by another generic designation in the complaint.
9    Notwithstanding the preceding paragraph, the failure to
10personally name, include, or seek an award of possession of the
11mortgaged real estate against a person in the confirmation
12order shall not abrogate any right that the purchaser may have
13to possession of the mortgaged real estate and to maintain a
14proceeding against that person for possession under Article 9
15of this Code or subsection (h) of Section 15-1701; and
16possession against a person who (1) has not been personally
17named as a party to the foreclosure and (2) has not been
18provided an opportunity to be heard in the foreclosure
19proceeding may be sought only by maintaining a proceeding under
20Article 9 of this Code or subsection (h) of Section 15-1701.
21    (h) With respect to mortgaged real estate containing 5 or
22more dwelling units, the order confirming the sale shall also
23provide that (i) the mortgagor shall transfer to the purchaser
24the security deposits, if any, that the mortgagor received to
25secure payment of rent or to compensate for damage to the
26mortgaged real estate from any current occupant of a dwelling

 

 

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1unit of the mortgaged real estate, as well as any statutory
2interest that has not been paid to the occupant, and (ii) the
3mortgagor shall provide an accounting of the security deposits
4that are transferred, including the name and address of each
5occupant for whom the mortgagor holds the deposit and the
6amount of the deposit and any statutory interest.
7(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
896-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
98-26-11.)
 
10    Section 20. The Conveyances Act is amended by changing
11Section 11 as follows:
 
12    (765 ILCS 5/11)  (from Ch. 30, par. 10)
13    Sec. 11. (a) Mortgages of lands may be substantially in the
14following form:
15    The Mortgagor (here insert name or names), mortgages and
16warrants to (here insert name or names of mortgagee or
17mortgagees), to secure the payment of (here recite the nature
18and amount of indebtedness, showing when due and the rate of
19interest, and whether secured by note or otherwise), the
20following described real estate (here insert description
21thereof), situated in the County of ...., in the State of
22Illinois.
23    Dated (insert date).
24
(signature of mortgagor or mortgagors)

 

 

 

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1    The names of the parties shall be typed or printed below
2the signatures. Such form shall have a blank space of 3 1/2
3inches by 3 1/2 inches for use by the recorder. However, the
4failure to comply with the requirement that the names of the
5parties be typed or printed below the signatures and that the
6form have a blank space of 3 1/2 inches by 3 1/2 inches for use
7by the recorder shall not affect the validity and effect of
8such form.
9    Such mortgage, when otherwise properly executed, shall be
10deemed and held a good and sufficient mortgage in fee to secure
11the payment of the moneys therein specified; and if the same
12contains the words "and warrants," the same shall be construed
13the same as if full covenants of ownership, good right to
14convey against incumbrances of quiet enjoyment and general
15warranty, as expressed in Section 9 of this Act were fully
16written therein; but if the words "and warrants" are omitted,
17no such covenants shall be implied. When the grantor or
18grantors in such deed or mortgage for the conveyance of any
19real estate desires to release or waive his, her or their
20homestead rights therein, they or either of them may release or
21waive the same by inserting in the form of deed or mortgage (as
22the case may be), provided in Sections 9, 10 and 11, after the
23words "State of Illinois," in substance the following words,
24"hereby releasing and waiving all rights under and by virtue of
25the homestead exemption laws of this State."

 

 

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1    Mortgages securing "reverse mortgage" loans shall be
2subject to this Section except where requirements concerning
3the definiteness of the term and amount of indebtedness
4provisions of a mortgage would be inconsistent with the Acts
5authorizing "reverse mortgage" loans, or rules and regulations
6promulgated under those Acts.
7    Mortgages securing "revolving credit" loans shall be
8subject to this Section.
9    (b) The provisions of subsection (a) regarding the form of
10a mortgage are, and have always been, permissive and not
11mandatory. Accordingly, the failure of an otherwise lawfully
12executed and recorded mortgage to be in the form described in
13subsection (a) in one or more respects, including the failure
14to state the interest rate or the maturity date, or both, shall
15not affect the validity or priority of the mortgage, nor shall
16its recordation be ineffective for notice purposes regardless
17of when the mortgage was recorded.
18(Source: P.A. 91-357, eff. 7-29-99.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".