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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 21-3 as follows: | ||||||
6 | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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7 | Sec. 21-3. Criminal trespass to real property.
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8 | (a) Except as provided in subsection (a-5), whoever:
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9 | (1) knowingly and without lawful authority enters or | ||||||
10 | remains within or on
a building; or
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11 | (2) enters upon the land of another, after receiving, | ||||||
12 | prior to such entry,
notice from the owner or occupant that | ||||||
13 | such entry is forbidden; or
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14 | (3) remains upon the land of another, after receiving | ||||||
15 | notice from the
owner or occupant to depart;
or
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16 | (3.5) presents false documents or falsely represents | ||||||
17 | his or her identity orally to the owner or occupant of a | ||||||
18 | building or land in order to obtain permission from the | ||||||
19 | owner or occupant to enter or remain in the building or on | ||||||
20 | the land; or | ||||||
21 | (4) intentionally removes a notice posted on | ||||||
22 | residential real estate as required by subsection (l) of | ||||||
23 | Section 15-1505.8 of Article XV of the Code of Civil |
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1 | Procedure before the date and time set forth in the notice; | ||||||
2 | commits a Class B misdemeanor. | ||||||
3 | For purposes of item (1) of this subsection, this Section | ||||||
4 | shall not apply
to being in a building which is open to the | ||||||
5 | public while the building is open
to the public during its | ||||||
6 | normal hours of operation; nor shall this Section
apply to a | ||||||
7 | person who enters a public building under the reasonable belief | ||||||
8 | that
the building is still open to the public.
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9 | (a-5) Except as otherwise provided in this subsection, | ||||||
10 | whoever enters upon
any of
the following areas in or on a motor | ||||||
11 | vehicle (including an off-road vehicle,
motorcycle,
moped, or | ||||||
12 | any other powered two-wheel vehicle) after receiving, prior to | ||||||
13 | that
entry,
notice from the owner or occupant that the entry is | ||||||
14 | forbidden or remains upon
or in the
area after receiving notice | ||||||
15 | from the owner or occupant to depart commits a
Class A
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16 | misdemeanor:
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17 | (1) A field that is used for growing crops or that is | ||||||
18 | capable of being
used
for
growing crops.
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19 | (2) An enclosed area containing livestock.
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20 | (3) An orchard.
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21 | (4) A barn or other agricultural building containing | ||||||
22 | livestock.
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23 | (b) A person has received notice from the owner or occupant | ||||||
24 | within the
meaning of Subsection (a) if he has been notified | ||||||
25 | personally, either orally
or in writing including a valid court | ||||||
26 | order as defined by subsection (7)
of Section 112A-3 of the |
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1 | Code of Criminal Procedure of 1963 granting remedy
(2) of | ||||||
2 | subsection (b) of Section 112A-14 of that Code, or if a printed | ||||||
3 | or
written notice forbidding such entry has been conspicuously | ||||||
4 | posted or
exhibited at the main entrance to such land or the | ||||||
5 | forbidden part thereof.
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6 | (b-5) Subject to the provisions of subsection (b-10), as an | ||||||
7 | alternative to the posting of real property as set forth in | ||||||
8 | subsection (b), the owner or lessee of any real property may | ||||||
9 | post the property by placing identifying purple marks on trees | ||||||
10 | or posts around the area to be posted. Each purple mark shall | ||||||
11 | be: | ||||||
12 | (1) A vertical line of at least 8 inches in length and | ||||||
13 | the bottom of the mark shall be no less than 3 feet nor | ||||||
14 | more than 5 feet high. Such marks shall be placed no more | ||||||
15 | than 100 feet apart and shall be readily visible to any | ||||||
16 | person approaching the property; or | ||||||
17 | (2) A post capped or otherwise marked on at least its | ||||||
18 | top 2 inches. The bottom of the cap or mark shall be not | ||||||
19 | less than 3 feet but not more than 5 feet 6 inches high. | ||||||
20 | Posts so marked shall be placed not more than 36 feet apart | ||||||
21 | and shall be readily visible to any person approaching the | ||||||
22 | property. Prior to applying a cap or mark which is visible | ||||||
23 | from both sides of a fence shared by different property | ||||||
24 | owners or lessees, all such owners or lessees shall concur | ||||||
25 | in the decision to post their own property. | ||||||
26 | Nothing in this subsection (b-5) shall be construed to |
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1 | authorize the owner or lessee of any real property to place any | ||||||
2 | purple marks on any tree or post or to install any post or | ||||||
3 | fence if doing so would violate any applicable law, rule, | ||||||
4 | ordinance, order, covenant, bylaw, declaration, regulation, | ||||||
5 | restriction, contract, or instrument. | ||||||
6 | (b-10) Any owner or lessee who marks his or her real | ||||||
7 | property using the method described in subsection (b-5) must | ||||||
8 | also provide notice as described in subsection (b) of this | ||||||
9 | Section. The public of this State shall be informed of the | ||||||
10 | provisions of subsection (b-5) of this Section by the Illinois | ||||||
11 | Department of Agriculture and the Illinois Department of | ||||||
12 | Natural Resources. These Departments shall conduct an | ||||||
13 | information campaign for the general public concerning the | ||||||
14 | interpretation and implementation of subsection (b-5). The | ||||||
15 | information shall inform the public about the marking | ||||||
16 | requirements and the applicability of subsection (b-5) | ||||||
17 | including information regarding the size requirements of the | ||||||
18 | markings as well as the manner in which the markings shall be | ||||||
19 | displayed. The Departments shall also include information | ||||||
20 | regarding the requirement that, until the date this subsection | ||||||
21 | becomes inoperative, any owner or lessee who chooses to mark | ||||||
22 | his or her property using paint, must also comply with one of | ||||||
23 | the notice requirements listed in subsection (b). The | ||||||
24 | Departments may prepare a brochure or may disseminate the | ||||||
25 | information through agency websites. Non-governmental | ||||||
26 | organizations including, but not limited to, the Illinois |
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1 | Forestry Association, Illinois Tree Farm and the Walnut Council | ||||||
2 | may help to disseminate the information regarding the | ||||||
3 | requirements and applicability of subsection (b-5) based on | ||||||
4 | materials provided by the Departments. This subsection (b-10) | ||||||
5 | is inoperative on and after January 1, 2013.
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6 | (b-15) Subsections (b-5) and (b-10) do not apply to real | ||||||
7 | property located in a municipality of over 2,000,000 | ||||||
8 | inhabitants. | ||||||
9 | (c) This Section does not apply to any person, whether a | ||||||
10 | migrant worker
or otherwise, living on the land with permission | ||||||
11 | of the owner or of his
agent having apparent authority to hire | ||||||
12 | workers on such land and assign
them living quarters or a place | ||||||
13 | of accommodations for living thereon, nor
to anyone living on | ||||||
14 | such land at the request of, or by occupancy, leasing
or other | ||||||
15 | agreement or arrangement with the owner or his agent, nor to
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16 | anyone invited by such migrant worker or other person so living | ||||||
17 | on such
land to visit him at the place he is so living upon the | ||||||
18 | land.
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19 | (d) A person shall be exempt from prosecution under this | ||||||
20 | Section if
he beautifies unoccupied and abandoned residential | ||||||
21 | and industrial properties
located within any municipality. For | ||||||
22 | the purpose of this subsection,
"unoccupied and abandoned | ||||||
23 | residential and industrial property" means any
real estate (1) | ||||||
24 | in which the taxes have not been paid for a period of at
least 2 | ||||||
25 | years; and (2) which has been left unoccupied and abandoned for | ||||||
26 | a
period of at least one year; and "beautifies" means to |
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1 | landscape, clean up
litter, or to repair dilapidated conditions | ||||||
2 | on or to board up windows
and doors.
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3 | (e) No person shall be liable in any civil action for money | ||||||
4 | damages
to the owner of unoccupied and abandoned residential | ||||||
5 | and industrial property
which that person beautifies pursuant | ||||||
6 | to subsection (d) of this Section.
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7 | (e-5) (i) A mortgagee or agent of the mortgagee shall be | ||||||
8 | exempt from prosecution for criminal trespass for entering, | ||||||
9 | securing, or maintaining an abandoned residential property. | ||||||
10 | (ii) No mortgagee or agent of the mortgagee shall be | ||||||
11 | liable to the mortgagor or other owner of an abandoned | ||||||
12 | residential property in any civil action for negligence or | ||||||
13 | civil trespass in connection with entering, securing, or | ||||||
14 | maintaining the abandoned residential property. | ||||||
15 | (iii) For the purpose of this subsection (e-5) only, | ||||||
16 | "abandoned residential property" means mortgaged real | ||||||
17 | estate that the mortgagee or agent of the mortgagee | ||||||
18 | determines in good faith meets the definition of abandoned | ||||||
19 | residential property set forth in Section 15-1200.5 of | ||||||
20 | Article XV of the Code of Civil Procedure. | ||||||
21 | (f) This Section does not prohibit a person from entering a | ||||||
22 | building or
upon the land of another for emergency purposes. | ||||||
23 | For purposes of this
subsection (f), "emergency" means a | ||||||
24 | condition or circumstance in which an
individual is or is | ||||||
25 | reasonably believed by the person to be in imminent danger
of | ||||||
26 | serious bodily harm or in which property is or is reasonably |
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1 | believed to be
in imminent danger of damage or destruction.
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2 | (g) Paragraph (3.5) of subsection (a) does not apply to a | ||||||
3 | peace officer or other official of a unit of government who | ||||||
4 | enters a building or land in the performance of his or her | ||||||
5 | official duties.
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6 | (h) A person may be liable in any civil action for money | ||||||
7 | damages to the owner of the land he or she entered upon with a | ||||||
8 | motor vehicle as prohibited under subsection (a-5) of this | ||||||
9 | Section. A person may also be liable to the owner for court | ||||||
10 | costs and reasonable attorney's fees. The measure of damages | ||||||
11 | shall be: (i) the actual damages, but not less than $250, if | ||||||
12 | the vehicle is operated in a nature preserve or registered area | ||||||
13 | as defined in Sections 3.11 and 3.14 of the Illinois Natural | ||||||
14 | Areas Preservation Act; (ii) twice the actual damages if the | ||||||
15 | owner has previously notified the person to cease trespassing; | ||||||
16 | or (iii) in any other case, the actual damages, but not less | ||||||
17 | than $50. If the person operating the vehicle is under the age | ||||||
18 | of 16, the owner of the vehicle and the parent or legal | ||||||
19 | guardian of the minor are jointly and severally liable. For the | ||||||
20 | purposes of this subsection (h): | ||||||
21 | "Land" includes, but is not limited to, land used for | ||||||
22 | crop land, fallow land, orchard, pasture, feed lot, timber | ||||||
23 | land, prairie land, mine spoil nature preserves and | ||||||
24 | registered areas. "Land" does not include driveways or | ||||||
25 | private roadways upon which the owner allows the public to | ||||||
26 | drive.
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1 | "Owner" means the person who has the right to | ||||||
2 | possession of the land, including the owner, operator or | ||||||
3 | tenant.
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4 | "Vehicle" has the same meaning as provided under | ||||||
5 | Section 1-217 of the Illinois Vehicle Code.
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6 | (i) This Section does not apply to the following persons | ||||||
7 | while serving process: | ||||||
8 | (1) a person authorized to serve process under Section | ||||||
9 | 2-202 of the Code of Civil Procedure; or | ||||||
10 | (2) a special process server appointed by the circuit | ||||||
11 | court. | ||||||
12 | (Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; | ||||||
13 | revised 9-14-11.)
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14 | Section 10. The Code of Civil Procedure is amended by | ||||||
15 | changing Sections 15-1219, 15-1504, and 15-1508, changing and | ||||||
16 | renumbering Section 15-1507.1, and by adding Sections | ||||||
17 | 15-1200.5, 15-1200.7, and 15-1505.8 as follows: | ||||||
18 | (735 ILCS 5/15-1200.5 new) | ||||||
19 | Sec. 15-1200.5. Abandoned residential property. "Abandoned | ||||||
20 | residential property" means residential real estate that: | ||||||
21 | (a) either: | ||||||
22 | (1) is not occupied by any mortgagor or lawful occupant | ||||||
23 | as a principal residence; or | ||||||
24 | (2) contains an incomplete structure if the real estate |
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1 | is zoned for residential development, where the structure | ||||||
2 | is empty or otherwise uninhabited and is in need of | ||||||
3 | maintenance, repair, or securing;
and | ||||||
4 | (b) with respect to which either: | ||||||
5 | (1) two or more of the following conditions are shown | ||||||
6 | to exist: | ||||||
7 | (A) construction was initiated on the property and | ||||||
8 | was discontinued prior to completion, leaving a | ||||||
9 | building unsuitable for occupancy, and no construction | ||||||
10 | has taken place for at least 6 months; | ||||||
11 | (B) multiple windows on the property are boarded up | ||||||
12 | or closed off or are smashed through, broken off, or | ||||||
13 | unhinged, or multiple window panes are broken and | ||||||
14 | unrepaired; | ||||||
15 | (C) doors on the property are smashed through, | ||||||
16 | broken off, unhinged, or continuously unlocked; | ||||||
17 | (D) the property has been stripped of copper or | ||||||
18 | other materials, or interior fixtures to the property | ||||||
19 | have been removed; | ||||||
20 | (E) gas, electrical, or water services to the | ||||||
21 | entire property have been terminated; | ||||||
22 | (F) there exist one or more written statements of | ||||||
23 | the mortgagor or the mortgagor's personal | ||||||
24 | representative or assigns, including documents of | ||||||
25 | conveyance, which indicate a clear intent to abandon | ||||||
26 | the property; |
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1 | (G) law enforcement officials have received at | ||||||
2 | least one report of trespassing or vandalism or other | ||||||
3 | illegal acts being committed at the property in the | ||||||
4 | last 6 months; | ||||||
5 | (H) the property has been declared unfit for | ||||||
6 | occupancy and ordered to remain vacant and unoccupied | ||||||
7 | under an order issued by a municipal or county | ||||||
8 | authority or a court of competent jurisdiction; | ||||||
9 | (I) the local police, fire, or code enforcement | ||||||
10 | authority has requested the owner or other interested | ||||||
11 | or authorized party to secure or winterize the property | ||||||
12 | due to the local authority declaring the property to be | ||||||
13 | an imminent danger to the health, safety, and welfare | ||||||
14 | of the public; | ||||||
15 | (J) the property is open and unprotected and in | ||||||
16 | reasonable danger of significant damage due to | ||||||
17 | exposure to the elements, vandalism, or freezing; or | ||||||
18 | (K) there exists other evidence indicating a clear | ||||||
19 | intent to abandon the property; or | ||||||
20 | (2) the real estate is zoned for residential | ||||||
21 | development and is a vacant lot that is in need of | ||||||
22 | maintenance, repair, or securing. | ||||||
23 | (735 ILCS 5/15-1200.7 new) | ||||||
24 | Sec. 15-1200.7. Abandoned residential property; | ||||||
25 | exceptions. A property shall not be considered abandoned |
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1 | residential property if: (i) there is an unoccupied building | ||||||
2 | which is undergoing construction, renovation, or | ||||||
3 | rehabilitation that is proceeding diligently to completion, | ||||||
4 | and the building is in substantial compliance with all | ||||||
5 | applicable ordinances, codes, regulations, and laws; (ii) | ||||||
6 | there is a building occupied on a seasonal basis, but otherwise | ||||||
7 | secure; (iii) there is a secure building on which there are | ||||||
8 | bona fide rental or sale signs; (iv) there is a building that | ||||||
9 | is secure, but is the subject of a probate action, action to | ||||||
10 | quiet title, or other ownership dispute; or (v) there is a | ||||||
11 | building that is otherwise secure and in substantial compliance | ||||||
12 | with all applicable ordinances, codes, regulations and laws.
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13 | (735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219)
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14 | Sec. 15-1219. Residential Real Estate. "Residential real | ||||||
15 | estate"
means any real estate, except a single tract of | ||||||
16 | agricultural real estate
consisting of more than 40 acres, | ||||||
17 | which is improved with a single family
residence or residential | ||||||
18 | condominium units or a multiple dwelling structure
containing | ||||||
19 | single family dwelling units for six or fewer families living
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20 | independently of each other, which residence, or at least one | ||||||
21 | of which
condominium or dwelling units, is occupied as a | ||||||
22 | principal residence either
(i) if a mortgagor is an individual,
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23 | by that mortgagor, that mortgagor's spouse or that mortgagor's | ||||||
24 | descendants,
or (ii) if a mortgagor is a trustee of a trust or | ||||||
25 | an executor or
administrator of an estate, by a beneficiary of |
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1 | that trust or estate or by such
beneficiary's spouse or | ||||||
2 | descendants or (iii) if a mortgagor is a
corporation, by | ||||||
3 | persons owning collectively at least 50 percent of the
shares | ||||||
4 | of voting stock of such corporation or by a spouse or | ||||||
5 | descendants
of such persons.
The use of a portion of | ||||||
6 | residential real estate for non-residential
purposes shall not | ||||||
7 | affect the characterization of such real estate as
residential | ||||||
8 | real estate. For purposes of the definition of the term | ||||||
9 | "abandoned residential property" in Section 15-1200.5 of this | ||||||
10 | Article, "abandoned residential property" shall not include | ||||||
11 | the requirement that the real estate be occupied, or if zoned | ||||||
12 | for residential development, improved with a dwelling | ||||||
13 | structure.
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14 | (Source: P.A. 85-907.)
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15 | (735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)
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16 | Sec. 15-1504. Pleadings and service.
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17 | (a) Form of Complaint. A foreclosure complaint
may be in | ||||||
18 | substantially the following form:
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19 | (1) Plaintiff files this complaint to foreclose the | ||||||
20 | mortgage (or other
conveyance in the nature of a mortgage) | ||||||
21 | (hereinafter called "mortgage")
hereinafter described and | ||||||
22 | joins the following person as defendants: (here
insert | ||||||
23 | names of all defendants).
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24 | (2) Attached as Exhibit "A" is a copy of the mortgage | ||||||
25 | and as Exhibit "B"
is a copy of the note secured thereby.
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1 | (3) Information concerning mortgage:
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2 | (A) Nature of instrument: (here insert whether a | ||||||
3 | mortgage, trust deed or
other instrument in the nature | ||||||
4 | of a mortgage, etc.)
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5 | (B) Date of mortgage:
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6 | (C) Name of mortgagor:
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7 | (D) Name of mortgagee:
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8 | (E) Date and place of recording:
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9 | (F) Identification of recording: (here insert book | ||||||
10 | and page number or document number)
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11 | (G) Interest subject to the mortgage: (here insert | ||||||
12 | whether fee simple,
estate for years, undivided | ||||||
13 | interest, etc.)
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14 | (H) Amount of original indebtedness, including | ||||||
15 | subsequent advances made
under the mortgage:
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16 | (I) Both the legal description of the mortgaged | ||||||
17 | real estate and the
common address or other information | ||||||
18 | sufficient to identify it with reasonable certainty:
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19 | (J) Statement as to defaults, including, but not | ||||||
20 | necessarily
limited to, date of default, current | ||||||
21 | unpaid principal balance, per diem
interest accruing, | ||||||
22 | and any further information concerning the default:
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23 | (K) Name of present owner of the real estate:
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24 | (L) Names of other persons who are joined as | ||||||
25 | defendants and whose
interest in or lien on the | ||||||
26 | mortgaged real estate is sought to be terminated:
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1 | (M) Names of defendants claimed to be personally | ||||||
2 | liable
for deficiency, if any:
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3 | (N) Capacity in which plaintiff brings this | ||||||
4 | foreclosure (here indicate
whether plaintiff is the | ||||||
5 | legal holder of the indebtedness, a pledgee, an
agent, | ||||||
6 | the trustee under a trust deed or otherwise, as | ||||||
7 | appropriate):
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8 | (O) Facts in support of redemption period shorter | ||||||
9 | than
the longer of (i) 7 months from the date the | ||||||
10 | mortgagor or, if more than
one, all the mortgagors (I) | ||||||
11 | have been served with summons or by publication
or (II) | ||||||
12 | have otherwise submitted to the jurisdiction of the | ||||||
13 | court, or (ii)
3 months from the entry of the judgment | ||||||
14 | of foreclosure, if sought (here
indicate whether based | ||||||
15 | upon the real estate not being residential ,
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16 | abandonment, or real estate value less than 90%
of | ||||||
17 | amount owed, etc.):
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18 | (P) Statement that the right of redemption has been | ||||||
19 | waived by all
owners of redemption, if applicable:
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20 | (Q) Facts in support of request for attorneys' fees | ||||||
21 | and of costs and
expenses, if applicable:
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22 | (R) Facts in support of a request for appointment | ||||||
23 | of mortgagee in
possession or for appointment of | ||||||
24 | receiver, and identity of such receiver, if
sought:
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25 | (S) Offer to mortgagor in accordance with Section | ||||||
26 | 15-1402 to accept
title to the real estate in |
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1 | satisfaction of all indebtedness and
obligations | ||||||
2 | secured by the mortgage without judicial sale, if | ||||||
3 | sought:
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4 | (T) Name or names of defendants whose right to
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5 | possess the mortgaged real estate, after the | ||||||
6 | confirmation of a foreclosure
sale, is
sought to be | ||||||
7 | terminated and, if not elsewhere stated, the facts in | ||||||
8 | support
thereof:
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9 | REQUEST FOR RELIEF
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10 | Plaintiff requests:
| ||||||
11 | (i) A judgment of foreclosure and sale.
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12 | (ii) An order granting a shortened redemption period, | ||||||
13 | if sought.
| ||||||
14 | (iii) A personal judgment for a deficiency, if sought.
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15 | (iv) An order granting possession, if sought.
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16 | (v) An order placing the mortgagee in possession or | ||||||
17 | appointing a receiver,
if sought.
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18 | (vi) A judgment for attorneys' fees, costs and | ||||||
19 | expenses, if sought.
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20 | (b) Required Information. A foreclosure complaint need | ||||||
21 | contain only such
statements and requests called for by the | ||||||
22 | form set forth in subsection (a) of
Section
15-1504 as may be | ||||||
23 | appropriate for the relief sought. Such complaint may
be filed | ||||||
24 | as a counterclaim, may be joined with other counts or may | ||||||
25 | include
in the same count additional matters or a request for |
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1 | any additional
relief permitted by Article
II of the Code of | ||||||
2 | Civil Procedure.
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3 | (c) Allegations. The statements contained in a complaint in | ||||||
4 | the form
set forth in subsection (a) of Section 15-1504 are | ||||||
5 | deemed and construed to include
allegations as follows:
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6 | (1) on the date indicated the obligor of the | ||||||
7 | indebtedness or other
obligations secured by the mortgage | ||||||
8 | was justly indebted in the amount of
the indicated original | ||||||
9 | indebtedness to the original mortgagee or payee of
the | ||||||
10 | mortgage note;
| ||||||
11 | (2) that the exhibits attached are true and correct | ||||||
12 | copies of the
mortgage and note and are incorporated and | ||||||
13 | made a part of the complaint by
express reference;
| ||||||
14 | (3) that the mortgagor was at the date indicated an | ||||||
15 | owner of the
interest in the real estate described in the | ||||||
16 | complaint and that as of that
date made, executed and | ||||||
17 | delivered the mortgage as security for the note or
other | ||||||
18 | obligations;
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19 | (4) that the mortgage was recorded in the county in | ||||||
20 | which the mortgaged
real estate is located, on the date | ||||||
21 | indicated, in the book and page or as
the document number | ||||||
22 | indicated;
| ||||||
23 | (5) that defaults occurred as indicated;
| ||||||
24 | (6) that at the time of the filing of the complaint the | ||||||
25 | persons named as
present owners are the owners of the | ||||||
26 | indicated interests in and to the real
estate described;
|
| |||||||
| |||||||
1 | (7) that the mortgage constitutes a valid, prior and | ||||||
2 | paramount lien upon
the indicated interest in the mortgaged | ||||||
3 | real estate, which lien is prior and
superior to the right, | ||||||
4 | title, interest, claim or lien of all parties and
nonrecord | ||||||
5 | claimants whose interests in the mortgaged real estate are
| ||||||
6 | sought to be terminated;
| ||||||
7 | (8) that by reason of the defaults alleged, if the | ||||||
8 | indebtedness has not
matured by its terms, the same has | ||||||
9 | become due by the exercise, by the
plaintiff or other | ||||||
10 | persons having such power, of a right or power to
declare | ||||||
11 | immediately due and payable the whole of all indebtedness | ||||||
12 | secured
by the mortgage;
| ||||||
13 | (9) that any and all notices of default or election to | ||||||
14 | declare the
indebtedness due and payable or other notices | ||||||
15 | required to be given have
been duly and properly given;
| ||||||
16 | (10) that any and all periods of grace or other period | ||||||
17 | of time allowed
for the performance of the covenants or | ||||||
18 | conditions claimed to be breached
or for the curing of any | ||||||
19 | breaches have expired;
| ||||||
20 | (11) that the amounts indicated in the statement
in the | ||||||
21 | complaint are correctly stated and
if such statement | ||||||
22 | indicates any advances made or to be made by the
plaintiff | ||||||
23 | or owner of the mortgage indebtedness, that such advances | ||||||
24 | were,
in fact, made or will be
required to be made, and | ||||||
25 | under and by virtue of the mortgage the same
constitute | ||||||
26 | additional indebtedness secured by the mortgage; and
|
| |||||||
| |||||||
1 | (12) that, upon confirmation of the sale, the holder of | ||||||
2 | the certificate
of sale or deed issued pursuant to that | ||||||
3 | certificate or, if no certificate or
deed was issued, the | ||||||
4 | purchaser at the sale will be entitled to full possession
| ||||||
5 | of the mortgaged real estate against the parties
named in | ||||||
6 | clause (T) of
paragraph (3) of subsection (a) of Section | ||||||
7 | 15-1504 or elsewhere to the same
effect;
the omission of | ||||||
8 | any
party indicates that plaintiff will not seek a | ||||||
9 | possessory order in the order
confirming sale unless the | ||||||
10 | request is subsequently made under subsection (h) of
| ||||||
11 | Section 15-1701 or by separate action under Article 9 of | ||||||
12 | this Code.
| ||||||
13 | (d) Request for Fees and Costs. A statement in the | ||||||
14 | complaint that
plaintiff seeks the inclusion of attorneys' fees | ||||||
15 | and of costs and expenses
shall be deemed and construed to | ||||||
16 | include allegations that:
| ||||||
17 | (1) plaintiff has been compelled to employ and retain | ||||||
18 | attorneys to
prepare and file the complaint and to | ||||||
19 | represent and advise the plaintiff in
the foreclosure of | ||||||
20 | the mortgage and the plaintiff will thereby become
liable | ||||||
21 | for the usual, reasonable and customary fees of the | ||||||
22 | attorneys in
that behalf;
| ||||||
23 | (2) that the plaintiff has been compelled to advance or | ||||||
24 | will be
compelled to advance, various sums of money in | ||||||
25 | payment of costs, fees,
expenses and disbursements | ||||||
26 | incurred in connection with the foreclosure,
including, |
| |||||||
| |||||||
1 | without limiting the generality of the foregoing, filing | ||||||
2 | fees,
stenographer's fees, witness fees, costs of | ||||||
3 | publication, costs of procuring
and preparing documentary | ||||||
4 | evidence and costs of procuring
abstracts of title, Torrens | ||||||
5 | certificates, foreclosure minutes and a title
insurance | ||||||
6 | policy;
| ||||||
7 | (3) that under the terms of the mortgage, all such | ||||||
8 | advances, costs,
attorneys' fees and other fees, expenses | ||||||
9 | and disbursements are made a lien
upon the mortgaged real | ||||||
10 | estate and the plaintiff is entitled to recover all
such | ||||||
11 | advances, costs, attorneys' fees, expenses and | ||||||
12 | disbursements, together
with interest on all advances at | ||||||
13 | the rate provided in the mortgage, or, if
no rate is | ||||||
14 | provided therein, at the statutory judgment rate, from the
| ||||||
15 | date on which such advances are made;
| ||||||
16 | (4) that in order to protect the lien of the mortgage, | ||||||
17 | it may become
necessary for plaintiff to pay taxes and | ||||||
18 | assessments which have been or may
be levied upon the | ||||||
19 | mortgaged real estate;
| ||||||
20 | (5) that in order to protect and preserve the mortgaged | ||||||
21 | real estate, it
may also become necessary for the plaintiff | ||||||
22 | to pay liability (protecting
mortgagor and mortgagee), | ||||||
23 | fire and other hazard
insurance premiums on the mortgaged | ||||||
24 | real estate, make such repairs
to the mortgaged real
estate | ||||||
25 | as may reasonably be deemed necessary for the proper | ||||||
26 | preservation
thereof, advance for costs to inspect the |
| |||||||
| |||||||
1 | mortgaged real estate or to
appraise it, or both, and | ||||||
2 | advance for premiums for pre-existing private or
| ||||||
3 | governmental mortgage insurance to the extent required | ||||||
4 | after a foreclosure
is commenced in order to keep such | ||||||
5 | insurance in force; and
| ||||||
6 | (6) that under the terms of the mortgage, any money so | ||||||
7 | paid or expended
will become an additional indebtedness | ||||||
8 | secured by the mortgage and will bear
interest from the | ||||||
9 | date such monies are advanced at the rate provided in the
| ||||||
10 | mortgage, or, if no rate is provided, at the
statutory | ||||||
11 | judgment rate.
| ||||||
12 | (e) Request for Foreclosure. The request for foreclosure is | ||||||
13 | deemed and
construed to mean that the plaintiff requests that:
| ||||||
14 | (1) an accounting may be taken under the direction of | ||||||
15 | the court of the
amounts due and owing to the plaintiff;
| ||||||
16 | (2) that the defendants be ordered to pay to the | ||||||
17 | plaintiff before
expiration of any redemption period (or, | ||||||
18 | if no redemption period, before a
short date fixed by the | ||||||
19 | court) whatever sums may appear to be due upon the taking
| ||||||
20 | of such account,
together with attorneys' fees and costs of | ||||||
21 | the proceedings (to the extent
provided in the mortgage or | ||||||
22 | by law);
| ||||||
23 | (3) that in default of such payment in accordance with | ||||||
24 | the judgment, the
mortgaged real estate be sold as directed | ||||||
25 | by the court, to satisfy the
amount due to the plaintiff as | ||||||
26 | set forth in the judgment, together with the
interest |
| |||||||
| |||||||
1 | thereon at the statutory judgment rate from the date of the | ||||||
2 | judgment;
| ||||||
3 | (4) that in the event the plaintiff is a purchaser of | ||||||
4 | the mortgaged real
estate at such sale, the plaintiff may | ||||||
5 | offset against the purchase price of
such real estate the | ||||||
6 | amounts due under the judgment of foreclosure and
order | ||||||
7 | confirming the sale;
| ||||||
8 | (5) that in the event of such sale and the failure of | ||||||
9 | any person entitled
thereto to redeem prior to such sale | ||||||
10 | pursuant to this Article, the
defendants made parties to | ||||||
11 | the foreclosure in accordance with this Article,
and all | ||||||
12 | nonrecord claimants given notice of the foreclosure in | ||||||
13 | accordance
with this Article, and all persons claiming by, | ||||||
14 | through or under them, and
each and any and all of them, | ||||||
15 | may be forever barred and foreclosed of any
right, title, | ||||||
16 | interest, claim, lien, or right to redeem in and to the
| ||||||
17 | mortgaged real estate; and
| ||||||
18 | (6) that if no redemption is made prior to such sale, a | ||||||
19 | deed may be
issued to the purchaser thereat according to | ||||||
20 | law and such purchaser be let
into possession of the | ||||||
21 | mortgaged real estate in accordance with Part 17 of this | ||||||
22 | Article.
| ||||||
23 | (f) Request for Deficiency Judgment. A request for a | ||||||
24 | personal judgment
for a deficiency in a foreclosure complaint | ||||||
25 | if the sale of the mortgaged
real estate fails to produce a | ||||||
26 | sufficient amount to pay the amount found
due, the plaintiff |
| |||||||
| |||||||
1 | may have a personal judgment against any party in the
| ||||||
2 | foreclosure indicated as being personally liable therefor and | ||||||
3 | the enforcement
thereof be had as provided by law.
| ||||||
4 | (g) Request for Possession or Receiver. A request for | ||||||
5 | possession or appointment
of a receiver has the meaning as | ||||||
6 | stated in subsection (b) of Section 15-1706.
| ||||||
7 | (h) Answers by Parties. Any party
may assert its interest | ||||||
8 | by counterclaim and such counterclaim may at the
option of that | ||||||
9 | party stand in lieu of answer to the complaint for
foreclosure | ||||||
10 | and all counter complaints previously or thereafter filed
in | ||||||
11 | the foreclosure. Any such counterclaim shall be deemed to | ||||||
12 | constitute a
statement that the counter claimant does not have | ||||||
13 | sufficient knowledge to
form a belief as to the truth or | ||||||
14 | falsity of the
allegations of the complaint and all other | ||||||
15 | counterclaims, except
to the extent that the counterclaim | ||||||
16 | admits or specifically denies such
allegations.
| ||||||
17 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
18 | (735 ILCS 5/15-1504.3) | ||||||
19 | (Section scheduled to be repealed on March 2, 2016) | ||||||
20 | Sec. 15-1504.3 15-1507.1 . Filing Judicial sale fee for | ||||||
21 | Abandoned Residential Property Municipality Relief Fund. | ||||||
22 | (a) With respect to residential real estate, at the time of | ||||||
23 | the filing of a foreclosure complaint, the plaintiff shall pay | ||||||
24 | to the clerk of the court in which the foreclosure complaint is | ||||||
25 | filed a fee of $250 Upon and at the sale of residential real |
| |||||||
| |||||||
1 | estate under Section 15-1507, the purchaser shall pay to the | ||||||
2 | person conducting the sale pursuant to Section 15-1507 a fee | ||||||
3 | for deposit into the Abandoned Residential Property | ||||||
4 | Municipality Relief Fund, a special
fund created in the State | ||||||
5 | treasury. The fee shall be calculated at the rate of $1 for | ||||||
6 | each $1,000 or fraction thereof of the amount paid by the | ||||||
7 | purchaser to the person conducting the sale, as reflected in | ||||||
8 | the receipt of sale issued to the purchaser, provided that in | ||||||
9 | no event shall the fee exceed $300. No fee shall be paid by the | ||||||
10 | mortgagee acquiring the residential real estate pursuant to its | ||||||
11 | credit bid at the sale or by any mortgagee, judgment creditor, | ||||||
12 | or other lienor acquiring the residential real estate whose | ||||||
13 | rights in and to the residential real estate arose prior to the | ||||||
14 | sale. Upon confirmation of the sale under Section 15-1508, the | ||||||
15 | person conducting the sale shall remit the fee to the clerk of | ||||||
16 | the court in which the foreclosure case is pending. The clerk | ||||||
17 | shall remit the fee to the State Treasurer as provided in this | ||||||
18 | Section, to be expended for the purposes set forth in Section | ||||||
19 | 7.31 of the Illinois Housing Development Act. | ||||||
20 | (b) All fees paid by plaintiffs to the clerk of the court | ||||||
21 | purchasers as provided in this Section shall be disbursed | ||||||
22 | within 60 days after receipt by the clerk of the court as | ||||||
23 | follows: (i) 98% to the State Treasurer for deposit into the | ||||||
24 | Abandoned Residential Property Municipality Relief Fund, and | ||||||
25 | (ii) 2% to the clerk of the court for administrative expenses | ||||||
26 | related to implementation of this Section. |
| |||||||
| |||||||
1 | (c) Not later than March 1 of each year, the clerk of the | ||||||
2 | court shall submit to the Illinois Housing Development | ||||||
3 | Authority a report of the funds collected and remitted pursuant | ||||||
4 | to this Section during the preceding year pursuant to this | ||||||
5 | Section . | ||||||
6 | (d) Subsections (a) and (b) of this Section shall become | ||||||
7 | inoperative on January 1, 2016. This Section is repealed on | ||||||
8 | March 2, 2016.
| ||||||
9 | (Source: P.A. 96-1419, eff. 10-1-10.) | ||||||
10 | (735 ILCS 5/15-1505.8 new) | ||||||
11 | Sec. 15-1505.8. Expedited judgment and sale procedure for | ||||||
12 | abandoned residential property. | ||||||
13 | (a) Upon motion and notice, the mortgagee may elect to | ||||||
14 | utilize the expedited judgment and sale procedure for abandoned | ||||||
15 | residential property stated in this Section to obtain a | ||||||
16 | judgment of foreclosure pursuant to Section 15-1506. The motion | ||||||
17 | to expedite the judgment and sale may be combined with or made | ||||||
18 | part of the motion requesting a judgment of foreclosure. The | ||||||
19 | notice of the motion to expedite the judgment and sale shall be | ||||||
20 | sent by first-class mail to the last known address of the | ||||||
21 | mortgagor, and the notice required by paragraph (1) of | ||||||
22 | subsection (l) of this Section shall be posted at the property | ||||||
23 | address. | ||||||
24 | (b) The motion requesting an expedited judgment of | ||||||
25 | foreclosure and sale may be filed by the mortgagee at the time |
| |||||||
| |||||||
1 | the foreclosure complaint is filed or any time thereafter, and | ||||||
2 | shall set forth the facts demonstrating that the mortgaged real | ||||||
3 | estate is abandoned residential real estate under Section | ||||||
4 | 15-1200.5 and shall be supported by affidavit. | ||||||
5 | (c) If a motion for an expedited judgment and sale is filed | ||||||
6 | at the time the foreclosure complaint is filed or before the | ||||||
7 | period to answer the foreclosure complaint has expired, the | ||||||
8 | motion shall be heard by the court no earlier than before the | ||||||
9 | period to answer the foreclosure complaint has expired and no | ||||||
10 | later than 15 days after the period to answer the foreclosure | ||||||
11 | complaint has expired. | ||||||
12 | (d) If a motion for an expedited judgment and sale is filed | ||||||
13 | after the period to answer the foreclosure complaint has | ||||||
14 | expired, the motion shall be heard no later than 15 days after | ||||||
15 | the motion is filed. | ||||||
16 | (e) The hearing shall be given priority by the court and | ||||||
17 | shall be scheduled to be heard within the applicable time | ||||||
18 | period set forth in subsection (c) or (d) of this Section. | ||||||
19 | (f) Subject to subsection (g), at the hearing on the motion | ||||||
20 | requesting an expedited judgment and sale, if the court finds | ||||||
21 | that the mortgaged real estate is abandoned residential | ||||||
22 | property, the court shall grant the motion and immediately | ||||||
23 | proceed to a trial of the foreclosure. A judgment of | ||||||
24 | foreclosure under this Section shall include the matters | ||||||
25 | identified in Section 15-1506. | ||||||
26 | (g) The court may not grant the motion requesting an |
| |||||||
| |||||||
1 | expedited judgment and sale if: (i) the mortgagor appears in | ||||||
2 | the action in any manner before or at the hearing and objects | ||||||
3 | to a finding of abandonment; (ii) a person other than the | ||||||
4 | mortgagor appears at the hearing and presents evidence | ||||||
5 | establishing to the satisfaction of the court that the | ||||||
6 | mortgagor is working with, or making an attempt to work with, | ||||||
7 | the mortgagee to modify the mortgage; or (iii) a person other | ||||||
8 | than the mortgagor appears at the hearing and presents evidence | ||||||
9 | establishing to the satisfaction of the court that the | ||||||
10 | mortgagor or a lawful occupant has not abandoned the mortgaged | ||||||
11 | real estate. | ||||||
12 | (h) The court shall vacate an order issued pursuant to | ||||||
13 | subsection (f) of this Section if the mortgagor or a lawful | ||||||
14 | occupant appears in the action at any time prior to the court | ||||||
15 | issuing an order confirming the sale pursuant to subsection | ||||||
16 | (b-3) of Section 15-1508 and presents evidence establishing to | ||||||
17 | the satisfaction of the court that the mortgagor or lawful | ||||||
18 | occupant has not abandoned the mortgaged real estate. | ||||||
19 | (i) The reinstatement period and redemption period for the | ||||||
20 | abandoned residential property shall end in accordance with | ||||||
21 | paragraph (4) of subsection (b) of Section 15-1603, and the | ||||||
22 | abandoned residential property shall be sold at the earliest | ||||||
23 | practicable time at a sale as provided in this Article. | ||||||
24 | (j) The mortgagee or its agent may enter, secure, and | ||||||
25 | maintain abandoned residential property subject to subsection | ||||||
26 | (e-5) of Section 21-3 of the Criminal Code of 1961. |
| |||||||
| |||||||
1 | (k) Personal property. | ||||||
2 | (1) Upon confirmation of the sale held pursuant to | ||||||
3 | Section 15-1507, any personal property remaining in or upon | ||||||
4 | the abandoned residential property shall be deemed to have | ||||||
5 | been abandoned by the owner of such personal property and | ||||||
6 | may be disposed of or donated by the holder of the | ||||||
7 | certificate of sale (or, if none, by the purchaser at the | ||||||
8 | sale). In the event of donation of any such personal | ||||||
9 | property, the holder of the certificate of sale (or, if | ||||||
10 | none, the purchaser at the sale) may transfer such donated | ||||||
11 | property with a bill of sale. No mortgagee or its | ||||||
12 | successors or assigns, holder of a certificate of sale, or | ||||||
13 | purchaser at the sale shall be liable for any such disposal | ||||||
14 | or donation of personal property. | ||||||
15 | (2) Notwithstanding paragraph (1) of this subsection | ||||||
16 | (k), in the event a lawful occupant is in possession of the | ||||||
17 | mortgaged real estate who has not been made a party to the | ||||||
18 | foreclosure and had his or her interests terminated | ||||||
19 | therein, any personal property of the lawful occupant shall | ||||||
20 | not be deemed to have been abandoned, nor shall the rights | ||||||
21 | of the lawful occupant to any personal property be | ||||||
22 | affected. | ||||||
23 | (l) Notices to be posted at property address. | ||||||
24 | (1) The notice set out in this paragraph (1) of this | ||||||
25 | subsection (l) shall be conspicuously posted at the | ||||||
26 | property address at least 14 days before the hearing on the |
| |||||||
| |||||||
1 | motion requesting an expedited judgment and sale and shall | ||||||
2 | be in boldface, in at least 12 font type, and in | ||||||
3 | substantially the following form: | ||||||
4 | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | ||||||
5 | OCCUPANT OF THIS PROPERTY | ||||||
6 | A lawsuit has been filed to foreclose on this property, and the | ||||||
7 | party asking to foreclose on this property has asked a judge to | ||||||
8 | find that THIS PROPERTY IS ABANDONED. | ||||||
9 | The judge will be holding a hearing to decide whether this | ||||||
10 | property is ABANDONED. | ||||||
11 | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY | ||||||
12 | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | ||||||
13 | are a lawful occupant of this property. | ||||||
14 | You also can ask any other person to go to this hearing for | ||||||
15 | you, and this person does not have to be attorney. If you do | ||||||
16 | have another person who is not an attorney go to this hearing | ||||||
17 | for you, that person will not be authorized to represent you | ||||||
18 | but could help explain to the judge how you are a lawful | ||||||
19 | occupant of this property. | ||||||
20 | If the judge is satisfied that you are a LAWFUL OCCUPANT of |
| |||||||
| |||||||
1 | this property, the court will find that this property is NOT | ||||||
2 | ABANDONED. | ||||||
3 | This hearing will be held in the courthouse at the following | ||||||
4 | address, date, and time: | ||||||
5 | Court name: .................................................. | ||||||
6 | Court address: ............................................... | ||||||
7 | Court room number where hearing will be held: ................ | ||||||
8 | (There should be a person in this room called a CLERK who can | ||||||
9 | help you. Make sure you know THIS PROPERTY'S ADDRESS.) | ||||||
10 | Date of hearing: ............................................. | ||||||
11 | Time of hearing: ............................................. | ||||||
12 | MORE INFORMATION | ||||||
13 | Name of lawsuit: ............................................. | ||||||
14 | Number of lawsuit: ........................................... | ||||||
15 | Address of this property: .................................... | ||||||
16 | IMPORTANT | ||||||
17 | This is NOT a notice to vacate the premises. You may wish to | ||||||
18 | contact a lawyer or your local legal aid or housing counseling | ||||||
19 | agency to discuss any rights that you may have. |
| |||||||
| |||||||
1 | WARNING | ||||||
2 | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | ||||||
3 | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY | ||||||
4 | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | ||||||
5 | LAW. 720 ILCS 5/21-3(a). | ||||||
6 | NO TRESPASSING | ||||||
7 | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | ||||||
8 | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A | ||||||
9 | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". | ||||||
10 | (2) The notice set out in this paragraph (2) of this | ||||||
11 | subsection (l) shall be conspicuously posted at the | ||||||
12 | property address at least 14 days before the hearing to | ||||||
13 | confirm the sale of the abandoned residential property and | ||||||
14 | shall be in boldface, in at least 12 font type, and in | ||||||
15 | substantially the following form: | ||||||
16 | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | ||||||
17 | OCCUPANT OF THIS PROPERTY | ||||||
18 | A lawsuit has been filed to foreclose on this property, and the | ||||||
19 | judge has found that THIS PROPERTY IS ABANDONED. As a result, | ||||||
20 | THIS PROPERTY HAS BEEN OR WILL BE SOLD. |
| |||||||
| |||||||
1 | HOWEVER, there still must be a hearing for the judge to approve | ||||||
2 | the sale. The judge will NOT APPROVE this sale if the judge | ||||||
3 | finds that any person lawfully occupies any part of this | ||||||
4 | property. | ||||||
5 | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY | ||||||
6 | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | ||||||
7 | are a lawful occupant of this property. You also may appear | ||||||
8 | BEFORE this hearing and explain to the judge how you are a | ||||||
9 | lawful occupant of this property. | ||||||
10 | If the judge is satisfied that you are a LAWFUL OCCUPANT of | ||||||
11 | this property, the court will find that this property is NOT | ||||||
12 | ABANDONED, and there will be no sale of the property at this | ||||||
13 | time. | ||||||
14 | This hearing will be held in the courthouse at the following | ||||||
15 | address, date, and time: | ||||||
16 | Court name: .................................................. | ||||||
17 | Court address: ............................................... | ||||||
18 | Court room number where hearing will be held: ................ | ||||||
19 | (There should be a person in this room called a CLERK who can | ||||||
20 | help you. Make sure you know THIS PROPERTY'S ADDRESS.) | ||||||
21 | Date of hearing: ............................................. | ||||||
22 | Time of hearing: ............................................. |
| |||||||
| |||||||
1 | MORE INFORMATION | ||||||
2 | Name of lawsuit: ............................................. | ||||||
3 | Number of lawsuit: ........................................... | ||||||
4 | Address of this property: .................................... | ||||||
5 | IMPORTANT | ||||||
6 | This is NOT a notice to vacate the premises. You may wish to | ||||||
7 | contact a lawyer or your local legal aid or housing counseling | ||||||
8 | agency to discuss any rights that you may have. | ||||||
9 | WARNING | ||||||
10 | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | ||||||
11 | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY | ||||||
12 | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | ||||||
13 | LAW. 720 ILCS 5/21-3(a). | ||||||
14 | NO TRESPASSING | ||||||
15 | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | ||||||
16 | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A | ||||||
17 | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)." |
| |||||||
| |||||||
1 | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | ||||||
2 | Sec. 15-1508. Report of Sale and Confirmation of Sale. | ||||||
3 | (a) Report. The person conducting the sale shall promptly | ||||||
4 | make a report to
the court, which report shall include a copy | ||||||
5 | of all receipts and, if any,
certificate of sale. | ||||||
6 | (b) Hearing. Upon motion and notice in accordance with | ||||||
7 | court rules
applicable to motions generally, which motion shall | ||||||
8 | not be made prior to
sale, the court shall conduct a hearing to
| ||||||
9 | confirm the sale. Unless the court finds that (i) a notice | ||||||
10 | required in
accordance with subsection (c) of Section 15-1507 | ||||||
11 | was not given, (ii) the
terms of sale were unconscionable, | ||||||
12 | (iii) the sale was conducted
fraudulently, or (iv) justice was | ||||||
13 | otherwise not done, the court shall
then enter an order | ||||||
14 | confirming the sale. The confirmation order shall include a | ||||||
15 | name, address, and telephone number of the holder of the | ||||||
16 | certificate of sale or deed issued pursuant to that certificate | ||||||
17 | or, if no certificate or deed was issued, the purchaser, whom a | ||||||
18 | municipality or county may contact with concerns about the real | ||||||
19 | estate. The confirmation order may
also: | ||||||
20 | (1) approve the mortgagee's fees and costs arising | ||||||
21 | between the entry of
the judgment of foreclosure and the | ||||||
22 | confirmation hearing, those costs and
fees to be allowable | ||||||
23 | to the same extent as provided in the note and mortgage
and | ||||||
24 | in Section 15-1504; | ||||||
25 | (2) provide for a personal judgment against any party | ||||||
26 | for a deficiency;
and |
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1 | (3) determine the priority of the judgments of parties | ||||||
2 | who deferred proving
the priority pursuant to subsection | ||||||
3 | (h) of Section 15-1506, but
the court shall not
defer | ||||||
4 | confirming the sale pending the determination of such | ||||||
5 | priority. | ||||||
6 | (b-3) Hearing to confirm sale of abandoned residential | ||||||
7 | property. Upon motion and notice by first-class mail to the | ||||||
8 | last known address of the mortgagor, which motion shall be made | ||||||
9 | prior to the sale and heard by the court at the earliest | ||||||
10 | practicable time after conclusion of the sale, and upon the | ||||||
11 | posting at the property address of the notice required by | ||||||
12 | paragraph (2) of subsection (l) of Section 15-1505.8, the court | ||||||
13 | shall enter an order confirming the sale of the abandoned | ||||||
14 | residential property, unless the court finds that a reason set | ||||||
15 | forth in items (i) through (iv) of subsection (b) of this | ||||||
16 | Section exists for not approving the sale, or an order is | ||||||
17 | entered pursuant to subsection (h) of Section 15-1505.8. The | ||||||
18 | confirmation order also may address the matters identified in | ||||||
19 | items (1) through (3) of subsection (b) of this Section. The | ||||||
20 | notice required under subsection (b-5) of this Section shall | ||||||
21 | not be required. | ||||||
22 | (b-5) Notice with respect to residential real estate. With | ||||||
23 | respect to residential real estate, the notice required under | ||||||
24 | subsection (b) of this Section shall be sent to the mortgagor | ||||||
25 | even if the mortgagor has previously been held in default. In | ||||||
26 | the event the mortgagor has filed an appearance, the notice |
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1 | shall be sent to the address indicated on the appearance. In | ||||||
2 | all other cases, the notice shall be sent to the mortgagor at | ||||||
3 | the common address of the foreclosed property. The notice shall | ||||||
4 | be sent by first class mail. Unless the right to possession has | ||||||
5 | been previously terminated by the court, the notice shall | ||||||
6 | include the following language in 12-point boldface | ||||||
7 | capitalized type: | ||||||
8 | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | ||||||
9 | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | ||||||
10 | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | ||||||
11 | ILLINOIS MORTGAGE FORECLOSURE LAW. | ||||||
12 | (b-10) Notice of confirmation order sent to municipality or | ||||||
13 | county. A copy of the confirmation order required under | ||||||
14 | subsection (b) shall be sent to the municipality in which the | ||||||
15 | foreclosed property is located, or to the county within the | ||||||
16 | boundary of which the foreclosed property is located if the | ||||||
17 | foreclosed property is located in an unincorporated territory. | ||||||
18 | A municipality or county must clearly publish on its website a | ||||||
19 | single address to which such notice shall be sent. If a | ||||||
20 | municipality or county does not maintain a website, then the | ||||||
21 | municipality or county must publicly post in its main office a | ||||||
22 | single address to which such notice shall be sent. In the event | ||||||
23 | that a municipality or county has not complied with the | ||||||
24 | publication requirement in this subsection (b-10), then such | ||||||
25 | notice to the municipality or county shall be provided pursuant | ||||||
26 | to Section 2-211 of the Code of Civil Procedure. |
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| |||||||
1 | (c) Failure to Give Notice. If any sale is held without | ||||||
2 | compliance with
subsection (c) of Section 15-1507 of this | ||||||
3 | Article, any party entitled to
the notice provided for in | ||||||
4 | paragraph (3) of that subsection
(c) who was not so notified | ||||||
5 | may, by motion supported by affidavit
made prior to | ||||||
6 | confirmation of such sale, ask the court which entered the
| ||||||
7 | judgment to set aside the sale. Any such party shall guarantee | ||||||
8 | or secure by bond a bid equal to the successful bid at the | ||||||
9 | prior sale, unless the party seeking to set aside the sale is | ||||||
10 | the mortgagor, the real estate sold at the sale is residential | ||||||
11 | real estate, and the mortgagor occupies the residential real | ||||||
12 | estate at the time the motion is filed. In that event, no | ||||||
13 | guarantee or bond shall be required of the mortgagor. Any
| ||||||
14 | subsequent sale is subject to the same notice requirement as | ||||||
15 | the original sale. | ||||||
16 | (d) Validity of Sale. Except as provided in subsection (c) | ||||||
17 | of Section
15-1508, no sale under this Article shall be held | ||||||
18 | invalid or be set aside
because of any defect in the notice | ||||||
19 | thereof or in the publication of the
same, or in the | ||||||
20 | proceedings of the officer conducting the sale, except upon
| ||||||
21 | good cause shown in a hearing pursuant to subsection (b) of | ||||||
22 | Section
15-1508. At any time after a sale has occurred, any | ||||||
23 | party entitled to
notice under paragraph (3) of subsection (c) | ||||||
24 | of Section 15-1507 may recover
from the mortgagee any damages | ||||||
25 | caused by the mortgagee's failure to comply
with such paragraph | ||||||
26 | (3). Any party who recovers damages in a judicial
proceeding |
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| |||||||
1 | brought under this subsection may also recover from the
| ||||||
2 | mortgagee the reasonable expenses of litigation, including | ||||||
3 | reasonable attorney's fees. | ||||||
4 | (d-5) Making Home Affordable Program. The court that | ||||||
5 | entered the judgment shall set aside a sale held pursuant to | ||||||
6 | Section 15-1507, upon motion of the mortgagor at any time prior | ||||||
7 | to the confirmation of the sale, if the mortgagor proves by a | ||||||
8 | preponderance of the evidence that (i) the mortgagor has | ||||||
9 | applied for assistance under the Making Home Affordable Program | ||||||
10 | established by the United States Department of the Treasury | ||||||
11 | pursuant to the Emergency Economic Stabilization Act of 2008, | ||||||
12 | as amended by the American Recovery and Reinvestment Act of | ||||||
13 | 2009, and (ii) the mortgaged real estate was sold in material | ||||||
14 | violation of the program's requirements for proceeding to a | ||||||
15 | judicial sale. The provisions of this subsection (d-5), except | ||||||
16 | for this sentence, shall become inoperative on January 1, 2013 | ||||||
17 | for all actions filed under this Article after December 31, | ||||||
18 | 2012, in which the mortgagor did not apply for assistance under | ||||||
19 | the Making Home Affordable Program on or before December 31, | ||||||
20 | 2012. | ||||||
21 | (e) Deficiency Judgment. In any order confirming a sale | ||||||
22 | pursuant to the
judgment of foreclosure, the court shall also | ||||||
23 | enter a personal judgment
for deficiency against any party (i) | ||||||
24 | if otherwise authorized and (ii) to
the extent requested in the | ||||||
25 | complaint and proven upon presentation of the
report of sale in | ||||||
26 | accordance with Section 15-1508. Except as otherwise provided
|
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| |||||||
1 | in this Article, a judgment may be entered for any balance of | ||||||
2 | money that
may be found due to the plaintiff, over and above | ||||||
3 | the proceeds of the sale
or sales, and enforcement may be had | ||||||
4 | for the collection of such balance,
the same as when the | ||||||
5 | judgment is solely for the payment of money. Such
judgment may | ||||||
6 | be entered, or enforcement had,
only in cases where personal | ||||||
7 | service has been had upon the
persons personally liable for the | ||||||
8 | mortgage indebtedness, unless they have
entered their | ||||||
9 | appearance in the foreclosure action. | ||||||
10 | (f) Satisfaction. Upon confirmation of the sale, the
| ||||||
11 | judgment stands satisfied to the extent of the sale price less | ||||||
12 | expenses and
costs. If the order confirming the sale includes a | ||||||
13 | deficiency judgment, the
judgment shall become a lien in the | ||||||
14 | manner of any other
judgment for the payment of money. | ||||||
15 | (g) The order confirming the sale shall include, | ||||||
16 | notwithstanding any
previous orders awarding possession during | ||||||
17 | the pendency of the foreclosure, an
award to the purchaser of | ||||||
18 | possession of the mortgaged real estate, as of the
date 30 days | ||||||
19 | after the entry of the order, against the
parties to the | ||||||
20 | foreclosure whose interests have been terminated. | ||||||
21 | An order of possession authorizing the removal of a person | ||||||
22 | from possession
of the mortgaged real estate shall be entered | ||||||
23 | and enforced only against those
persons personally
named as | ||||||
24 | individuals in the complaint or the petition under subsection | ||||||
25 | (h)
of Section 15-1701 and in the order of possession and shall
| ||||||
26 | not be entered and enforced against any person who is only |
| |||||||
| |||||||
1 | generically
described as an
unknown owner or nonrecord claimant | ||||||
2 | or by another generic designation in the
complaint. | ||||||
3 | Notwithstanding the preceding paragraph, the failure to | ||||||
4 | personally
name,
include, or seek an award of
possession of the | ||||||
5 | mortgaged real estate against a person in the
confirmation | ||||||
6 | order shall not abrogate any right that the purchaser may have | ||||||
7 | to
possession of the mortgaged real estate and to maintain a | ||||||
8 | proceeding against
that person for
possession under Article 9 | ||||||
9 | of this Code or subsection (h) of Section 15-1701;
and | ||||||
10 | possession against a person
who (1) has not been personally | ||||||
11 | named as a party to the
foreclosure and (2) has not been | ||||||
12 | provided an opportunity to be heard in the
foreclosure | ||||||
13 | proceeding may be sought only by maintaining a
proceeding under | ||||||
14 | Article 9 of this
Code or subsection (h) of Section 15-1701. | ||||||
15 | (h) With respect to mortgaged real estate containing 5 or | ||||||
16 | more dwelling units, the order confirming the sale shall also | ||||||
17 | provide that (i) the mortgagor shall transfer to the purchaser | ||||||
18 | the security deposits, if any, that the mortgagor received to | ||||||
19 | secure payment of rent or to compensate for damage to the | ||||||
20 | mortgaged real estate from any current occupant of a dwelling | ||||||
21 | unit of the mortgaged real estate, as well as any statutory | ||||||
22 | interest that has not been paid to the occupant, and (ii) the | ||||||
23 | mortgagor shall provide an accounting of the security deposits | ||||||
24 | that are transferred, including the name and address of each | ||||||
25 | occupant for whom the mortgagor holds the deposit and the | ||||||
26 | amount of the deposit and any statutory interest. |
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| |||||||
1 | (Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10; | ||||||
2 | 96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff. | ||||||
3 | 8-26-11.) | ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
|