Full Text of SB0016 97th General Assembly
SB0016ham002 97TH GENERAL ASSEMBLY | Rep. Karen A. Yarbrough Filed: 5/26/2011
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| 1 | | AMENDMENT TO SENATE BILL 16
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 16 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-20-15 and 11-20-15.1 and by adding Section | 6 | | 11-20-17 as follows: | 7 | | (65 ILCS 5/11-20-15) | 8 | | Sec. 11-20-15. Lien for removal costs. | 9 | | (a) If the municipality incurs a removal cost under Section | 10 | | 11-20-7, 11-20-8, 11-20-12, or 11-20-13 , or 11-20-17 with | 11 | | respect to any underlying parcel, then that cost is a lien upon | 12 | | that underlying parcel. This lien is superior to all other | 13 | | liens and encumbrances, except tax liens and as otherwise | 14 | | provided in subsection (c)
of this Section. | 15 | | (b) To perfect a lien under this Section, the municipality | 16 | | must, within one year after the removal cost is incurred, file |
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| 1 | | notice of lien in the office of the recorder in the county in | 2 | | which the underlying parcel is located or, if the underlying | 3 | | parcel is registered under the Torrens system, in the office of | 4 | | the Registrar of Titles of that county. The notice must consist | 5 | | of a sworn statement setting out: | 6 | | (1) a description of the underlying parcel that | 7 | | sufficiently identifies the parcel; | 8 | | (2) the amount of the removal cost; and | 9 | | (3) the date or dates when the removal cost was | 10 | | incurred by the municipality. | 11 | | If, for any one parcel, the municipality engaged in any | 12 | | removal activity on more than one occasion during the course of | 13 | | one year, then the municipality may combine any or all of the | 14 | | costs of each of those activities into a single notice of lien. | 15 | | (c) A lien under this Section is not valid as to: (i) any | 16 | | purchaser whose rights in and to the underlying parcel arose | 17 | | after the removal activity but before the filing of the notice | 18 | | of lien; or (ii) any mortgagee, judgment creditor, or other | 19 | | lienor whose rights in and to the underlying parcel arose | 20 | | before the filing of the notice of lien. | 21 | | (d) The removal cost is not a lien on the underlying parcel | 22 | | unless a notice is personally served on, or sent by certified | 23 | | mail to, the person to whom was sent the tax bill for the | 24 | | general taxes on the property for the taxable year immediately | 25 | | preceding the removal activities. The notice must be delivered | 26 | | or sent after the removal activities have been performed, and |
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| 1 | | it must: (i) state the substance of this Section and the | 2 | | substance of any ordinance of the municipality implementing | 3 | | this Section; (ii) identify the underlying parcel, by common | 4 | | description; and (iii) describe the removal activity. | 5 | | (e) A lien under this Section may be enforced by | 6 | | proceedings to foreclose as in the case of mortgages or | 7 | | mechanics' liens. An action to foreclose a lien under this | 8 | | Section must be commenced within 2 years after the date of | 9 | | filing notice of lien. | 10 | | (f) Any person who performs a removal activity by the | 11 | | authority of the municipality may, in his or her own name, file | 12 | | a lien and foreclose on that lien in the same manner as a | 13 | | municipality under this Section. | 14 | | (g) A failure to file a foreclosure action does not, in any | 15 | | way, affect the validity of the lien against the underlying | 16 | | parcel. | 17 | | (h) Upon payment of the lien cost by the owner of the | 18 | | underlying parcel after notice of lien has been filed, the | 19 | | municipality (or its agent under subsection (f)) shall release | 20 | | the lien, and the release may be filed of record by the owner | 21 | | at his or her sole expense as in the case of filing notice of | 22 | | lien. | 23 | | (i) For the purposes of this Section: | 24 | | "Lien cost" means the removal cost and the filing costs for | 25 | | any notice of lien under subsection (b). | 26 | | "Removal activity" means any activity for which a removal |
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| 1 | | cost was incurred. | 2 | | "Removal cost" means a removal cost as defined under | 3 | | Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13 , or 11-20-17 . | 4 | | "Underlying parcel" means a parcel of private property upon | 5 | | which a removal activity was performed. | 6 | | "Year" means a 365-day period. | 7 | | (j) This Section applies only to liens filed after August | 8 | | 14, 2009 (the effective date of Public Act 96-462).
| 9 | | (k) This Section shall not apply to a lien filed pursuant | 10 | | to Section 11-20-15.1. | 11 | | (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10; | 12 | | 96-1000, eff. 7-2-10.) | 13 | | (65 ILCS 5/11-20-15.1)
| 14 | | Sec. 11-20-15.1. Lien for costs of removal, securing, and | 15 | | enclosing on abandoned residential property. | 16 | | (a) If the municipality elects to incur a removal cost | 17 | | pursuant to subsection (d) of Section 11-20-7, subsection (d) | 18 | | of Section 11-20-8, subsection (d) of Section 11-20-12, or | 19 | | subsection (e) of Section 11-20-13, or subsection (i) of | 20 | | Section 11-20-17, or a securing or enclosing cost pursuant to | 21 | | Section 11-31-1.01 with respect to an abandoned residential | 22 | | property, then that cost is a lien upon the underlying parcel | 23 | | of that abandoned residential property. This lien is superior | 24 | | to all other liens and encumbrances, except tax liens and as | 25 | | otherwise provided in this Section. |
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| 1 | | (b) To perfect a lien under this Section, the municipality | 2 | | must, within one year after the cost is incurred for the | 3 | | activity, file notice of the lien in the office of the recorder | 4 | | in the county in which the abandoned residential property is | 5 | | located or, if the abandoned residential property is registered | 6 | | under the Torrens system, in the office of the Registrar of | 7 | | Titles of that county, a sworn statement setting out: | 8 | | (1) a description of the abandoned residential | 9 | | property that sufficiently identifies the parcel; | 10 | | (2) the amount of the cost of the activity; | 11 | | (3) the date or dates when the cost for the activity | 12 | | was incurred by the municipality; and | 13 | | (4) a statement that the lien has been filed pursuant | 14 | | to subsection (d) of Section 11-20-7, subsection (d) of | 15 | | Section 11-20-8, subsection (d) of Section 11-20-12, | 16 | | subsection (e) of Section 11-20-13, subsection (i) of | 17 | | Section 11-20-17, or Section 11-31-1.01, as applicable. | 18 | | If, for any abandoned residential property, the | 19 | | municipality engaged in any activity on more than one occasion | 20 | | during the course of one year, then the municipality may | 21 | | combine any or all of the costs of each of those activities | 22 | | into a single notice of lien. In order for a municipality to | 23 | | perfect a lien for costs pursuant to Section 11-20-17 of this | 24 | | Act, the municipality must first investigate and determine | 25 | | that, pursuant to subsections (c) and (h) of this Section, the | 26 | | underlying parcel is vacant and abandoned residential |
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| 1 | | property. | 2 | | (c) To enforce a lien pursuant to this Section, the | 3 | | municipality must maintain contemporaneous records that | 4 | | include, at a minimum: (i) a dated statement of finding by the | 5 | | municipality that the property for which the work is to be | 6 | | performed has become abandoned residential property, which | 7 | | shall include (1) the date when the property was first known or | 8 | | observed to be unoccupied by any lawful occupant or occupants, | 9 | | (2) a description of the actions taken by the municipality to | 10 | | contact the legal owner or owners of the property identified on | 11 | | the recorded mortgage, or, if known, any agent of the owner or | 12 | | owners, including the dates such actions were taken, and (3) a | 13 | | statement that no contacts were made with the legal owner or | 14 | | owners or their agents as a result of such actions, (ii) a | 15 | | dated certification by an authorized official of the | 16 | | municipality of the necessity and specific nature of the work | 17 | | to be performed, (iii) a copy of the agreement with the person | 18 | | or entity performing the work that includes the legal name of | 19 | | the person or entity, the rate or rates to be charged for | 20 | | performing the work, and an estimate of the total cost of the | 21 | | work to be performed, (iv) detailed invoices and payment | 22 | | vouchers for all payments made by the municipality for such | 23 | | work, and (v) a statement as to whether the work was engaged | 24 | | through a competitive bidding process, and if so, a copy of all | 25 | | proposals submitted by the bidders for such work. | 26 | | (d) A lien under this Section shall be enforceable |
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| 1 | | exclusively at the hearing for confirmation of sale of the | 2 | | abandoned residential property that is held pursuant to | 3 | | subsection (b) of Section 15-1508 of the Code of Civil | 4 | | Procedure and shall be limited to a claim of interest in the | 5 | | proceeds of the sale and subject to the requirements of this | 6 | | Section. Any mortgagee who holds a mortgage on the property, or | 7 | | any beneficiary or trustee who holds a deed of trust on the | 8 | | property, may contest the lien or the amount of the lien at any | 9 | | time during the foreclosure proceeding upon motion and notice | 10 | | in accordance with court rules applicable to motions generally. | 11 | | Grounds for forfeiture of the lien or the superior status of | 12 | | the lien granted by subsection (a) of this Section shall | 13 | | include, but not be limited to, a finding by the court that: | 14 | | (i) the municipality has not complied with subsection (b) or | 15 | | (c) of this Section, (ii) the scope of the work was not | 16 | | reasonable under the circumstances, (iii) the work exceeded the | 17 | | authorization for the work to be performed under subsection (a) | 18 | | of Section 11-20-7, subsection (a) of Section 11-20-8, | 19 | | subsection (a) of Section 11-20-12, subsection (a) of Section | 20 | | 11-20-13, or subsection (a) of Section 11-31-1.01, as | 21 | | applicable, or (iv) the cost of the services rendered or | 22 | | materials provided was not commercially reasonable. Forfeiture | 23 | | of the superior status of the lien otherwise granted by this | 24 | | Section shall not constitute a forfeiture of the lien as a | 25 | | subordinate lien. | 26 | | (e) Upon payment of the amount of a lien filed under this |
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| 1 | | Section by the mortgagee, servicer, owner, or any other person, | 2 | | the municipality shall release the lien, and the release may be | 3 | | filed of record by the person making such payment at the | 4 | | person's sole expense as in the case of filing notice of lien. | 5 | | (f) Notwithstanding any other provision of this Section, a | 6 | | municipality may not file a lien pursuant to this Section for | 7 | | activities performed pursuant to Section 11-20-7, Section | 8 | | 11-20-8, Section 11-20-12, Section 11-20-13, or Section | 9 | | 11-31-1.01, if: (i) the mortgagee or servicer of the abandoned | 10 | | residential property has provided notice to the municipality | 11 | | that the mortgagee or servicer has performed or will perform | 12 | | the remedial actions specified in the notice that the | 13 | | municipality otherwise might perform pursuant to subsection | 14 | | (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | 15 | | subsection (d) of Section 11-20-12, subsection (e) of Section | 16 | | 11-20-13, or Section 11-31-1.01, provided that the remedial | 17 | | actions specified in the notice have been performed or are | 18 | | performed or initiated in good faith within 30 days of such | 19 | | notice; or (ii) the municipality has provided notice to the | 20 | | mortgagee or servicer of a problem with the property requiring | 21 | | the remedial actions specified in the notice that the | 22 | | municipality otherwise would perform pursuant to subsection | 23 | | (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | 24 | | subsection (d) of Section 11-20-12, subsection (e) of Section | 25 | | 11-20-13, or Section 11-31-1.01, and the mortgagee or servicer | 26 | | has performed or performs or initiates in good faith the |
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| 1 | | remedial actions specified in the notice within 30 days of such | 2 | | notice. | 3 | | (g) This Section and subsection (d) of Section 11-20-7, | 4 | | subsection (d) of Section 11-20-8, subsection (d) of Section | 5 | | 11-20-12, subsection (e) of Section 11-20-13, or Section | 6 | | 11-31-1.01 shall apply only to activities performed, costs | 7 | | incurred, and liens filed after the effective date of this | 8 | | amendatory Act of the 96th General Assembly. Subsection (i) of | 9 | | Section 11-20-17 shall apply only to activities performed, | 10 | | costs incurred, and liens filed after the effective date of | 11 | | this amendatory Act of the 97th General Assembly. | 12 | | (h) For the purposes of this Section and subsection (d) of | 13 | | Section 11-20-7, subsection (d) of Section 11-20-8, subsection | 14 | | (d) of Section 11-20-12, subsection (e) of Section 11-20-13, | 15 | | subsection (i) of Section 11-20-17, or Section 11-31-1.01: | 16 | | "Abandoned residential property" means any type of | 17 | | permanent residential dwelling unit, including detached single | 18 | | family structures, and townhouses, condominium units and | 19 | | multifamily rental apartments covering the entire property, | 20 | | and manufactured homes treated under Illinois law as real | 21 | | estate and not as personal property, that has been unoccupied | 22 | | by any lawful occupant or occupants for at least 90 days, and | 23 | | for which after such 90 day period, the municipality has made | 24 | | good faith efforts to contact the legal owner or owners of the | 25 | | property identified on the recorded mortgage, or, if known, any | 26 | | agent of the owner or owners, and no contact has been made. A |
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| 1 | | property for which the municipality has been given notice of | 2 | | the order of confirmation of sale pursuant to subsection (b-10) | 3 | | of Section 15-1508 of the Code of Civil Procedure shall not be | 4 | | deemed to be an abandoned residential property for the purposes | 5 | | of subsection (d) of Section 11-20-7, subsection (d) of Section | 6 | | 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of | 7 | | Section 11-20-13, subsection (i) of Section 11-20-17, and | 8 | | Section 11-31-1.01 of this Code. | 9 | | "MERS program" means the nationwide Mortgage Electronic | 10 | | Registration System approved by Fannie Mae, Freddie Mac, and | 11 | | Ginnie Mae that has been created by the mortgage banking | 12 | | industry with the mission of registering every mortgage loan in | 13 | | the United States to lawfully make information concerning each | 14 | | residential mortgage loan and the property securing it | 15 | | available by Internet access to mortgage originators, | 16 | | servicers, warehouse lenders, wholesale lenders, retail | 17 | | lenders, document custodians, settlement agents, title | 18 | | companies, insurers, investors, county recorders, units of | 19 | | local government, and consumers. | 20 | | (i) Any entity or person who performs a removal, securing, | 21 | | or enclosing activity pursuant to the authority of a | 22 | | municipality under subsection (d) of Section 11-20-7, | 23 | | subsection (d) of Section 11-20-8, subsection (d) of Section | 24 | | 11-20-12, subsection (e) of Section 11-20-13, or Section | 25 | | 11-31-1.01, may, in its, his, or her own name, file a lien | 26 | | pursuant to subsection (b) of this Section and appear in a |
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| 1 | | foreclosure action on that lien pursuant to subsection (d) of | 2 | | this Section in the place of the municipality, provided that | 3 | | the municipality shall remain subject to subsection (c) of this | 4 | | Section, and such party shall be subject to all of the | 5 | | provisions in this Section as if such party were the | 6 | | municipality. | 7 | | (i-5) All amounts received by the municipality for costs | 8 | | incurred pursuant to this Section
for which the municipality | 9 | | has been reimbursed under Section 7.31 of the Illinois Housing | 10 | | Development Act
shall be remitted to the State Treasurer for | 11 | | deposit into the Abandoned Residential Property
Municipality | 12 | | Relief Fund. | 13 | | (j) If prior to subsection (d) of Section 11-20-7, | 14 | | subsection (d) of Section 11-20-8, subsection (d) of Section | 15 | | 11-20-12, and subsection (e) of Section 11-20-13 becoming | 16 | | inoperative a lien is filed pursuant to any of those | 17 | | subsections, then the lien shall remain in full force and | 18 | | effect after the subsections have become inoperative, subject | 19 | | to all of the provisions of this Section. If prior to the | 20 | | repeal of Section 11-31-1.01 a lien is filed pursuant to | 21 | | Section 11-31-1.01, then the lien shall remain in full force | 22 | | and effect after the repeal of Section 11-31-1.01, subject to | 23 | | all of the provisions of this Section.
| 24 | | (Source: P.A. 96-856, eff. 3-1-10; 96-1419, eff. 10-1-10.) | 25 | | (65 ILCS 5/11-20-17 new) |
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| 1 | | Sec. 11-20-17. Vacant property. | 2 | | (a) For the purposes of minimizing the hazards to persons | 3 | | and property resulting from vacant property, the corporate | 4 | | authorities of each municipality may, by ordinance, prescribe | 5 | | rules or regulations for the maintenance and security of vacant | 6 | | property. The corporate authorities of a municipality may | 7 | | impose registration fees for vacant property and fines for | 8 | | failure to comply with ordinances enacted pursuant to this | 9 | | Section. The corporate authority of a municipality that enacts | 10 | | an ordinance pursuant to this Section shall transmit a copy of | 11 | | that ordinance to the Illinois Housing Development Authority | 12 | | within 30 days of the ordinance's enactment. The Illinois | 13 | | Housing Development Authority shall post a copy of the | 14 | | ordinance on its website within 30 days of receipt. | 15 | | (b) Pursuant to those ordinances, the corporate | 16 | | authorities of each municipality, upon directing a notice of | 17 | | its determination and finding that the underlying parcel is | 18 | | vacant and abandoned residential property by regular or | 19 | | certified mail, may hold responsible for maintaining and | 20 | | securing a vacant property (i) any owner of the property, (ii) | 21 | | any previous owner of the property who conveyed the property | 22 | | during the time it was vacant and failed to comply with any | 23 | | ordinance regarding the registration of vacant property, (iii) | 24 | | any trust beneficiary or other trustee who holds a deed of | 25 | | trust on the property, (iv) any mortgagee who holds a mortgage | 26 | | on the property, and (v) any assignee of an owner, beneficiary, |
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| 1 | | trustee, or mortgagee. | 2 | | (c) Upon delivery of the notice provided in subsection (b), | 3 | | a beneficiary, trustee, or mortgagee seeking to comply with | 4 | | ordinances regarding the maintenance or security of vacant | 5 | | property may enter that property to remedy any potential | 6 | | violation of an ordinance to maintain or secure vacant property | 7 | | without an order for possession under the Illinois Mortgage | 8 | | Foreclosure Act, provided that entry is not barred by an | 9 | | automatic stay issued by a bankruptcy court. | 10 | | (d) Beneficiaries, trustees, mortgagees, and their agents | 11 | | and assignees shall be held harmless from and against all | 12 | | claims of negligence, civil trespass, and criminal trespass in | 13 | | connection with compliance activity under the ordinances for | 14 | | the maintenance or security of vacant property, provided that | 15 | | the person authorizing or engaging in the compliance activity | 16 | | has (i) made a good faith effort to identify any owner and | 17 | | occupant of the property and (ii) made a good faith effort to | 18 | | contact any owner and occupant in a manner reasonably | 19 | | calculated to give the owner and occupant notice that the | 20 | | compliance activity is imminent, after the notice provided by | 21 | | subsection (b) has been delivered. | 22 | | (e) For the purpose of this Section, "owner" means the | 23 | | legal or beneficial owner of an improved or unimproved parcel | 24 | | of real estate. | 25 | | (f) For the purpose of this Section, "mortgagee" means (i) | 26 | | the holder of an indebtedness, the obligee of a non-monetary |
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| 1 | | obligation secured by a mortgage, any assignee of the mortgage, | 2 | | or any person designated or authorized to act on behalf of such | 3 | | holder, (ii) any person or entity who previously initiated a | 4 | | foreclosure of the vacant property or obtained a foreclosure | 5 | | judgment against the vacant property if the deed to vacant | 6 | | property has not been transferred to the purchaser at the | 7 | | judicial sale, and (iii) any person claiming through a | 8 | | mortgagee as successor. | 9 | | (g) For the purpose of this Section, "vacant property" | 10 | | means any property having complete or incomplete structures | 11 | | that are empty or otherwise uninhabited by persons legally | 12 | | entitled to inhabit the structures. | 13 | | (h) For the purpose of this Section, "removal cost" means | 14 | | the total value of fees and fines imposed pursuant to rules, | 15 | | regulations, or ordinances regarding maintenance, security, or | 16 | | demolition of vacant property. | 17 | | (i) To enforce fees and fines pursuant to this Section, a | 18 | | municipality has the following options: (i) the municipality | 19 | | may elect to obtain a lien upon the underlying property for the | 20 | | removal cost in accordance with Section 11-20-15; (ii) in the | 21 | | case of an abandoned residential property as defined in Section | 22 | | 11-20-15.1, the municipality may elect to obtain a lien for the | 23 | | removal cost pursuant to Section 11-20-15.1, in which case the | 24 | | provisions of Section 11-20-15.1 shall be the exclusive remedy | 25 | | for the removal cost; or (iii) the municipality may elect to | 26 | | obtain a lien for the removal cost by exercising any |
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| 1 | | enforcement actions available under its police powers or other | 2 | | statutory grant of authority. | 3 | | (j) Nothing in this Section prohibits a municipality from | 4 | | obtaining and enforcing liens pursuant to any other local, | 5 | | State, or federal law. | 6 | | (k) No municipality may enact or enforce an ordinance | 7 | | adopted under this Section on or after January 1, 2019. Nothing | 8 | | in this subsection (k) affects the power of a municipality to | 9 | | enact or continue to enforce, pursuant to the municipality's | 10 | | home rule powers or pursuant to any other law other than this | 11 | | Section, any ordinance that regulates the maintenance and | 12 | | security of vacant property. | 13 | | Section 10. The Code of Civil Procedure is amended by | 14 | | changing Sections 15-1506, 15-1508, and 15-1603 as follows:
| 15 | | (735 ILCS 5/15-1506) (from Ch. 110, par. 15-1506)
| 16 | | Sec. 15-1506. Judgment. (a) Evidence. In the trial of a | 17 | | foreclosure, the evidence to support the
allegations of the | 18 | | complaint shall be taken in open court, except:
| 19 | | (1) where an allegation of fact in the complaint is not | 20 | | denied by a
party's verified answer or verified counterclaim, | 21 | | or where a party pursuant
to subsection (b) of Section 2-610 of | 22 | | the Code of Civil Procedure states,
or is deemed to have | 23 | | stated, in
its pleading that it has no knowledge
of such | 24 | | allegation sufficient to form a belief and attaches the |
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| 1 | | required
affidavit, a sworn verification of the complaint or a | 2 | | separate affidavit
setting forth such fact is sufficient | 3 | | evidence thereof against such party
and no further evidence of | 4 | | such fact shall be required; and
| 5 | | (2) where all the allegations of fact in the complaint have | 6 | | been proved
by verification of the complaint or affidavit, the | 7 | | court upon motion
supported by an affidavit stating the amount | 8 | | which is due the mortgagee,
shall enter a judgment of | 9 | | foreclosure as requested in the complaint.
| 10 | | (b) Instruments. In all cases the evidence of the | 11 | | indebtedness and the
mortgage foreclosed shall be exhibited to | 12 | | the court and appropriately
marked, and copies thereof shall be | 13 | | filed with the court.
| 14 | | (c) Summary and Default Judgments. Nothing in this Section | 15 | | 15-1506
shall prevent a party from obtaining a summary or | 16 | | default judgment
authorized by Article II of the Code of Civil | 17 | | Procedure. If the mortgagee files a motion to shorten the | 18 | | redemption period pursuant to Section 2-1603(b)(4) of this | 19 | | Article on or before the date of filing a motion for entry of a | 20 | | default judgment, the motions shall be set before the court | 21 | | within 30 days of the filing of the motion for default, unless | 22 | | the motion brought under Section 2-1603(b)(4) has already been | 23 | | heard and denied by the court.
| 24 | | (d) Notice of Entry of Default. When any judgment in a | 25 | | foreclosure is
entered by default, notice of such judgment | 26 | | shall be given in accordance
with Section 2-1302 of the Code of |
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| 1 | | Civil Procedure.
| 2 | | (e) Matters Required in Judgment. A judgment of foreclosure | 3 | | shall
include the last date for redemption and all rulings of | 4 | | the court entered
with respect to each request for relief set | 5 | | forth in the complaint. The
omission of the date for redemption | 6 | | shall not extend the time for
redemption or impair the validity | 7 | | of the judgment.
| 8 | | (f) Special Matters in Judgment. Without limiting the | 9 | | general
authority and powers of the court, special matters may | 10 | | be included in the
judgment of foreclosure if sought by a party | 11 | | in the complaint or by separate
motion. Such matters may | 12 | | include, without limitation:
| 13 | | (1) a manner of sale other than public auction;
| 14 | | (2) a sale by sealed bid;
| 15 | | (3) an official or other person who shall be the officer to
| 16 | | conduct the sale other than the one customarily designated by | 17 | | the court;
| 18 | | (4) provisions for non-exclusive broker listings or | 19 | | designating a duly
licensed real estate broker nominated by one | 20 | | of the parties to exclusively
list the real estate for sale;
| 21 | | (5) the fees or commissions to be paid out of the sale | 22 | | proceeds to the
listing or other duly licensed broker, if any, | 23 | | who shall have procured the accepted bid;
| 24 | | (6) the fees to be paid out of the sale proceeds to an | 25 | | auctioneer, if
any, who shall have been authorized to conduct a | 26 | | public auction sale;
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| 1 | | (7) whether and in what manner and with what content signs | 2 | | shall be
posted on the real estate;
| 3 | | (8) a particular time and place at which such bids shall be | 4 | | received;
| 5 | | (9) a particular newspaper or newspapers in which notice of
| 6 | | sale shall be published;
| 7 | | (10) the format for the advertising of such sale,
including | 8 | | the size, content
and format of such advertising, and | 9 | | additional advertising of such sale;
| 10 | | (11) matters or exceptions to which title in the real | 11 | | estate may be subject
at the sale;
| 12 | | (12) a requirement that title insurance in a specified form | 13 | | be provided
to a purchaser at the sale, and who shall pay for | 14 | | such insurance;
| 15 | | (13) whether and to what extent bids with mortgage or other
| 16 | | contingencies will be allowed;
| 17 | | (14) such other matters as approved by the court to ensure | 18 | | sale of the
real estate for the most commercially favorable | 19 | | price for the type of real
estate involved.
| 20 | | (g) Agreement of the Parties. If all of the parties agree | 21 | | in writing on
the minimum price and that the real estate may be | 22 | | sold to the first person
who offers in writing to purchase the | 23 | | real estate for such price, and on
such other commercially | 24 | | reasonable terms and conditions as the parties may
agree, then | 25 | | the court shall order the real estate to be sold on such terms,
| 26 | | subject to confirmation of the sale in accordance with Section |
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| 1 | | 15-1508.
| 2 | | (h) Postponement of Proving Priority. With the approval of | 3 | | the court
prior to the entry of the judgment of foreclosure, a | 4 | | party claiming an
interest in the proceeds of the sale of the | 5 | | mortgaged real estate may defer
proving the priority of such | 6 | | interest until the hearing to confirm the sale.
| 7 | | (i) Effect of Judgment and Lien.
(1) Upon the entry of the | 8 | | judgment of foreclosure, all rights of a party
in the | 9 | | foreclosure against the mortgagor provided for in the judgment | 10 | | of foreclosure
or this Article shall be secured by a lien on | 11 | | the mortgaged
real estate, which lien shall have the same | 12 | | priority as the claim to
which the judgment relates and shall | 13 | | be terminated upon confirmation of a judicial
sale in | 14 | | accordance with this Article.
| 15 | | (2) Upon the entry of the judgment of foreclosure, the | 16 | | rights in the
real estate subject to the judgment of | 17 | | foreclosure of (i) all persons made
a party in the foreclosure | 18 | | and (ii) all nonrecord claimants given notice in
accordance | 19 | | with paragraph (2) of subsection (c) of Section 15-1502, shall
| 20 | | be solely as provided for in
the judgment of foreclosure and in | 21 | | this Article.
| 22 | | (Source: P.A. 85-907.)
| 23 | | (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | 24 | | Sec. 15-1508. Report of Sale and Confirmation of Sale. | 25 | | (a) Report. The person conducting the sale shall promptly |
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| 1 | | make a report to
the court, which report shall include a copy | 2 | | of all receipts and, if any,
certificate of sale. | 3 | | (b) Hearing. Upon motion and notice in accordance with | 4 | | court rules
applicable to motions generally, which motion shall | 5 | | not be made prior to
sale, the court shall conduct a hearing to
| 6 | | confirm the sale. Unless the court finds that (i) a notice | 7 | | required in
accordance with subsection (c) of Section 15-1507 | 8 | | was not given, (ii) the
terms of sale were unconscionable, | 9 | | (iii) the sale was conducted
fraudulently , or (iv) that justice | 10 | | was otherwise not done, the court shall
then enter an order | 11 | | confirming the sale. The confirmation order shall include a | 12 | | name, address, and telephone number of the holder of the | 13 | | certificate of sale or deed issued pursuant to that certificate | 14 | | or, if no certificate or deed was issued, the purchaser, whom a | 15 | | municipality or county may contact with concerns about the real | 16 | | estate. The confirmation order may
also: | 17 | | (1) approve the mortgagee's fees and costs arising | 18 | | between the entry of
the judgment of foreclosure and the | 19 | | confirmation hearing, those costs and
fees to be allowable | 20 | | to the same extent as provided in the note and mortgage
and | 21 | | in Section 15-1504; | 22 | | (2) provide for a personal judgment against any party | 23 | | for a deficiency;
and | 24 | | (3) determine the priority of the judgments of parties | 25 | | who deferred proving
the priority pursuant to subsection | 26 | | (h) of Section 15-1506, but
the court shall not
defer |
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| 1 | | confirming the sale pending the determination of such | 2 | | priority. | 3 | | (b-5) Notice with respect to residential real estate. With | 4 | | respect to residential real estate, the notice required under | 5 | | subsection (b) of this Section shall be sent to the mortgagor | 6 | | even if the mortgagor has previously been held in default. In | 7 | | the event the mortgagor has filed an appearance, the notice | 8 | | shall be sent to the address indicated on the appearance. In | 9 | | all other cases, the notice shall be sent to the mortgagor at | 10 | | the common address of the foreclosed property. The notice shall | 11 | | be sent by first class mail. Unless the right to possession has | 12 | | been previously terminated by the court, the notice shall | 13 | | include the following language in 12-point boldface | 14 | | capitalized type: | 15 | | IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 16 | | REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 17 | | POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 18 | | ILLINOIS MORTGAGE FORECLOSURE LAW. | 19 | | (b-10) Notice of confirmation order sent to municipality or | 20 | | county. A copy of the confirmation order required under | 21 | | subsection (b) shall be sent to the municipality in which the | 22 | | foreclosed property is located, or to the county within the | 23 | | boundary of which the foreclosed property is located if the | 24 | | foreclosed property is located in an unincorporated territory. | 25 | | A municipality or county must clearly publish on its website a | 26 | | single address to which such notice shall be sent. If a |
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| 1 | | municipality or county does not maintain a website, then the | 2 | | municipality or county must publicly post in its main office a | 3 | | single address to which such notice shall be sent. In the event | 4 | | that a municipality or county has not complied with the | 5 | | publication requirement in this subsection (b-10), then such | 6 | | notice to the municipality or county shall be provided pursuant | 7 | | to Section 2-211 of the Code of Civil Procedure. | 8 | | (c) Failure to Give Notice. If any sale is held without | 9 | | compliance with
subsection (c) of Section 15-1507 of this | 10 | | Article, any party entitled to
the notice provided for in | 11 | | paragraph (3) of that subsection
(c) who was not so notified | 12 | | may, by motion supported by affidavit
made prior to | 13 | | confirmation of such sale, ask the court which entered the
| 14 | | judgment to set aside the sale. Any such party shall guarantee | 15 | | or secure by bond a bid equal to the successful bid at the | 16 | | prior sale, unless the party seeking to set aside the sale is | 17 | | the mortgagor, the real estate sold at the sale is residential | 18 | | real estate, and the mortgagor occupies the residential real | 19 | | estate at the time the motion is filed. In that event, no | 20 | | guarantee or bond shall be required of the mortgagor. Any
| 21 | | subsequent sale is subject to the same notice requirement as | 22 | | the original sale. | 23 | | (d) Validity of Sale. Except as provided in subsection (c) | 24 | | of Section
15-1508, no sale under this Article shall be held | 25 | | invalid or be set aside
because of any defect in the notice | 26 | | thereof or in the publication of the
same, or in the |
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| 1 | | proceedings of the officer conducting the sale, except upon
| 2 | | good cause shown in a hearing pursuant to subsection (b) of | 3 | | Section
15-1508. At any time after a sale has occurred, any | 4 | | party entitled to
notice under paragraph (3) of subsection (c) | 5 | | of Section 15-1507 may recover
from the mortgagee any damages | 6 | | caused by the mortgagee's failure to comply
with such paragraph | 7 | | (3). Any party who recovers damages in a judicial
proceeding | 8 | | brought under this subsection may also recover from the
| 9 | | mortgagee the reasonable expenses of litigation, including | 10 | | reasonable attorney's fees. | 11 | | (d-5) Making Home Affordable Program. The court that | 12 | | entered the judgment shall set aside a sale held pursuant to | 13 | | Section 15-1507, upon motion of the mortgagor at any time prior | 14 | | to the confirmation of the sale, if the mortgagor proves by a | 15 | | preponderance of the evidence that (i) the mortgagor has | 16 | | applied for assistance under the Making Home Affordable Program | 17 | | established by the United States Department of the Treasury | 18 | | pursuant to the Emergency Economic Stabilization Act of 2008, | 19 | | as amended by the American Recovery and Reinvestment Act of | 20 | | 2009, and (ii) the mortgaged real estate was sold in material | 21 | | violation of the program's requirements for proceeding to a | 22 | | judicial sale. The provisions of this subsection (d-5), except | 23 | | for this sentence, shall become inoperative on January 1, 2013 | 24 | | for all actions filed under this Article after December 31, | 25 | | 2012, in which the mortgagor did not apply for assistance under | 26 | | the Making Home Affordable Program on or before December 31, |
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| 1 | | 2012. | 2 | | (e) Deficiency Judgment. In any order confirming a sale | 3 | | pursuant to the
judgment of foreclosure, the court shall also | 4 | | enter a personal judgment
for deficiency against any party (i) | 5 | | if otherwise authorized and (ii) to
the extent requested in the | 6 | | complaint and proven upon presentation of the
report of sale in | 7 | | accordance with Section 15-1508. Except as otherwise provided
| 8 | | in this Article, a judgment may be entered for any balance of | 9 | | money that
may be found due to the plaintiff, over and above | 10 | | the proceeds of the sale
or sales, and enforcement may be had | 11 | | for the collection of such balance,
the same as when the | 12 | | judgment is solely for the payment of money. Such
judgment may | 13 | | be entered, or enforcement had,
only in cases where personal | 14 | | service has been had upon the
persons personally liable for the | 15 | | mortgage indebtedness, unless they have
entered their | 16 | | appearance in the foreclosure action. | 17 | | (f) Satisfaction. Upon confirmation of the sale, the
| 18 | | judgment stands satisfied to the extent of the sale price less | 19 | | expenses and
costs. If the order confirming the sale includes a | 20 | | deficiency judgment, the
judgment shall become a lien in the | 21 | | manner of any other
judgment for the payment of money. | 22 | | (g) The order confirming the sale shall include, | 23 | | notwithstanding any
previous orders awarding possession during | 24 | | the pendency of the foreclosure, an
award to the purchaser of | 25 | | possession of the mortgaged real estate, as of the
date 30 days | 26 | | after the entry of the order, against the
parties to the |
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| 1 | | foreclosure whose interests have been terminated. If the court | 2 | | has determined that the property is abandoned pursuant to item | 3 | | (4) of subsection (b) of Section 2-1603 and the parties whose | 4 | | interests have been terminated have not appeared at the hearing | 5 | | to confirm the sale, the purchaser shall be awarded possession | 6 | | of the mortgaged real estate immediately. | 7 | | An order of possession authorizing the removal of a person | 8 | | from possession
of the mortgaged real estate shall be entered | 9 | | and enforced only against those
persons personally
named as | 10 | | individuals in the complaint or the petition under subsection | 11 | | (h)
of Section 15-1701 and in the order of possession and shall
| 12 | | not be entered and enforced against any person who is only | 13 | | generically
described as an
unknown owner or nonrecord claimant | 14 | | or by another generic designation in the
complaint. | 15 | | Notwithstanding the preceding paragraph, the failure to | 16 | | personally
name,
include, or seek an award of
possession of the | 17 | | mortgaged real estate against a person in the
confirmation | 18 | | order shall not abrogate any right that the purchaser may have | 19 | | to
possession of the mortgaged real estate and to maintain a | 20 | | proceeding against
that person for
possession under Article 9 | 21 | | of this Code or subsection (h) of Section 15-1701;
and | 22 | | possession against a person
who (1) has not been personally | 23 | | named as a party to the
foreclosure and (2) has not been | 24 | | provided an opportunity to be heard in the
foreclosure | 25 | | proceeding may be sought only by maintaining a
proceeding under | 26 | | Article 9 of this
Code or subsection (h) of Section 15-1701. |
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| 1 | | (Source: P.A. 95-826, eff. 8-14-08; 96-265, eff. 8-11-09; | 2 | | 96-856, eff. 3-1-10; 96-1245, eff. 7-23-10; revised 9-16-10.)
| 3 | | (735 ILCS 5/15-1603) (from Ch. 110, par. 15-1603)
| 4 | | Sec. 15-1603. Redemption.
| 5 | | (a) Owner of Redemption. Except as
provided in subsection | 6 | | (b) of Section 15-1402, only an owner of redemption
may redeem | 7 | | from the foreclosure, and such owner of redemption may redeem
| 8 | | only during the redemption period specified in subsection (b) | 9 | | of Section
15-1603 and only if the right of redemption has not | 10 | | been validly waived.
| 11 | | (b) Redemption Period.
| 12 | | (1) In the foreclosure of a mortgage of
real estate | 13 | | which is residential real estate at the time the | 14 | | foreclosure
is commenced, the redemption period shall end | 15 | | on the later of
(i) the date 7 months from the date the | 16 | | mortgagor or, if more than one, all
the mortgagors (A) have | 17 | | been served with summons or by publication or (B)
have | 18 | | otherwise submitted to the jurisdiction of the court, or | 19 | | (ii) the date
3 months from the date of entry of a judgment | 20 | | of foreclosure.
| 21 | | (2) In all other foreclosures, the redemption period | 22 | | shall end on the later of
(i) the date 6 months from the | 23 | | date the mortgagor or, if more than one,
all the mortgagors | 24 | | (A) have been served with summons or by publication or
(B) | 25 | | have otherwise submitted to the jurisdiction of the court, |
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| 1 | | or (ii) the
date 3 months from the date of entry of a | 2 | | judgment of foreclosure.
| 3 | | (3) Notwithstanding paragraphs (1) and (2),
the | 4 | | redemption period shall end at the later
of the expiration | 5 | | of any reinstatement period provided for in Section
15-1602 | 6 | | or the date 60 days after the date the judgment of | 7 | | foreclosure is
entered, if the court finds that (i) the | 8 | | value of
the mortgaged real estate as of the date of the | 9 | | judgment is less than 90%
of the amount specified pursuant | 10 | | to subsection (d) of Section 15-1603 and
(ii) the mortgagee | 11 | | waives any and all rights to a personal judgment for a
| 12 | | deficiency against the mortgagor and against all other | 13 | | persons liable for
the indebtedness or other obligations | 14 | | secured by the mortgage.
| 15 | | (4) Notwithstanding paragraphs (1) and (2),
the | 16 | | redemption period shall end on the date 30
days after the | 17 | | date the judgment of foreclosure is entered if , upon motion | 18 | | and notice in accordance with court rules applicable to | 19 | | motions generally,
the court finds that the mortgaged real | 20 | | estate has
been abandoned. In cases where the redemption | 21 | | period is shortened on
account of abandonment, the | 22 | | reinstatement period shall not extend beyond
the | 23 | | redemption period as shortened.
| 24 | | (A) The court may find that the mortgaged real | 25 | | estate is abandoned if the mortgagee proves, by a | 26 | | preponderance of the evidence, that the mortgaged real |
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| 1 | | estate has been abandoned. To determine that the | 2 | | property has been abandoned, the court must find the | 3 | | following: | 4 | | (i) the mortgaged property is not actually | 5 | | occupied; and | 6 | | (ii) at least one of the following applies: | 7 | | (aa) more than 5 attempts to contact the | 8 | | mortgagor have been made, at least one by | 9 | | certified mail and one by telephone, if there | 10 | | is a working telephone number for the | 11 | | mortgagor; and at least 2 of the following | 12 | | supporting facts are true: | 13 | | (I) construction was initiated on the | 14 | | property and was discontinued prior to | 15 | | completion, leaving the building | 16 | | unsuitable for occupancy, and no | 17 | | construction has taken place for at least 6 | 18 | | months; | 19 | | (II) the property has had more than | 20 | | one uncorrected municipal code violation | 21 | | over the past year, or has been declared | 22 | | unfit for occupancy and ordered to remain | 23 | | vacant and unoccupied by the municipal | 24 | | authorities; | 25 | | (III) gas, electric, or water service | 26 | | to the entire premises has been terminated |
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| 1 | | or is threatened with termination; | 2 | | (IV) windows or entrances to the | 3 | | premises are boarded up or closed off, or | 4 | | multiple window panes are broken and | 5 | | unrepaired; | 6 | | (V) doors to the premises are smashed | 7 | | through, broken off, unhinged, or | 8 | | continuously unlocked; | 9 | | (VI) the police or sheriff's office | 10 | | has received at least 2 reports of | 11 | | trespassers on the premises or of | 12 | | vandalism or other illegal acts being | 13 | | committed on the premises in the past 6 | 14 | | months; | 15 | | (bb) 2 or more attempts to contact the | 16 | | mortgagor have been made and there exist | 17 | | written statements of the mortgagor, the | 18 | | mortgagor's personal representatives or | 19 | | assigns, including documents of conveyance, | 20 | | which indicate a clear intent to abandon the | 21 | | premises; or | 22 | | (cc) 2 or more attempts to contact the | 23 | | mortgagor have been made and the property is a | 24 | | vacant lot. | 25 | | (B) Notwithstanding the provisions of this | 26 | | subsection, if an appearance by the mortgagor or other |
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| 1 | | occupant is made at or before the hearing on a motion | 2 | | brought pursuant to this subsection, the mortgaged | 3 | | real estate shall not be deemed abandoned and the court | 4 | | shall deny the motion to shorten the redemption period. | 5 | | (c) Extension of Redemption Period.
| 6 | | (1) Once expired, the right of redemption provided for | 7 | | in Sections
15-1603 or 15-1604 shall not be revived. The | 8 | | period within which the right of
redemption provided for in | 9 | | Sections 15-1603 or 15-1604 may be exercised runs
| 10 | | independently of any action by any person to enforce the | 11 | | judgment of
foreclosure or effect a sale pursuant thereto. | 12 | | Neither the initiation of
any legal proceeding nor the | 13 | | order of any court staying the enforcement of
a judgment of | 14 | | foreclosure or the sale pursuant to a judgment or the
| 15 | | confirmation of the sale, shall have the effect of tolling | 16 | | the running of
the redemption period.
| 17 | | (2) If a court has the authority to stay, and does | 18 | | stay, the running of
the redemption period, or if the | 19 | | redemption period is extended by any
statute of the United | 20 | | States, the redemption period shall be extended until
the | 21 | | expiration of the same number of days after the expiration | 22 | | of the stay
order as the number of days remaining in the | 23 | | redemption period at the time
the stay order became | 24 | | effective, or, if later, until the expiration of 30
days | 25 | | after the stay order terminates. If the stay
order | 26 | | terminates more than 30 days prior to the expiration of the
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| 1 | | redemption period, the redemption period shall not be | 2 | | extended.
| 3 | | (d) Amount Required to Redeem. The amount required to | 4 | | redeem shall be the sum of:
| 5 | | (1) The amount specified in the judgment of | 6 | | foreclosure, which shall
consist of (i) all principal and | 7 | | accrued interest secured by the mortgage
and due as of the | 8 | | date of the judgment, (ii) all costs allowed by law,
(iii) | 9 | | costs and expenses approved by the court, (iv) to the | 10 | | extent provided
for in the mortgage and approved by the | 11 | | court, additional costs, expenses
and reasonable | 12 | | attorneys' fees incurred by the mortgagee, (v) all amounts
| 13 | | paid pursuant to Section 15-1505 and (vi) per diem interest | 14 | | from the date
of judgment to the date of redemption | 15 | | calculated at the mortgage rate of
interest applicable as | 16 | | if no default had occurred; and
| 17 | | (2) The amount of other expenses authorized by the | 18 | | court which the
mortgagee reasonably incurs between the | 19 | | date of judgment and the date of
redemption, which shall be | 20 | | the amount certified by the mortgagee in
accordance with | 21 | | subsection (e) of Section 15-1603.
| 22 | | (e) Notice of Intent to Redeem. An owner of redemption who | 23 | | intends to
redeem shall give written notice of such intent to | 24 | | redeem to the
mortgagee's attorney of record specifying the | 25 | | date designated for
redemption and the current address of the | 26 | | owner of redemption for purposes
of receiving notice. Such |
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| 1 | | owner of redemption shall file with the clerk of
the court a | 2 | | certification of the giving of such notice. The notice of
| 3 | | intent to redeem must be received by the mortgagee's attorney | 4 | | at least 15
days (other than Saturday, Sunday or court holiday) | 5 | | prior to the date
designated for redemption. The mortgagee | 6 | | shall thereupon file with the
clerk of the court and shall give | 7 | | written notice to the owner of redemption
at least three days | 8 | | (other than Saturday, Sunday or court holiday) before
the date | 9 | | designated for redemption a certification,
accompanied by | 10 | | copies of paid receipts or appropriate affidavits, of
any | 11 | | expenses authorized in paragraph (2) of subsection (d) of | 12 | | Section
15-1603. If the mortgagee fails
to serve such | 13 | | certification within the time specified herein, then the owner
| 14 | | of redemption intending to redeem may redeem on the date | 15 | | designated for
redemption in the notice of intent to redeem, | 16 | | and the mortgagee shall not
be entitled to payment of any | 17 | | expenses authorized in paragraph (2) of
subsection (d) of | 18 | | Section 15-1603.
| 19 | | (f) Procedure for Redemption.
| 20 | | (1) An owner of redemption may redeem
the real estate | 21 | | from the foreclosure by paying the amount specified in
| 22 | | subsection (d) of Section 15-1603 to the mortgagee or the | 23 | | mortgagee's
attorney of record on or before the date | 24 | | designated for redemption pursuant
to subsection (e) of | 25 | | Section 15-1603.
| 26 | | (2) If the mortgagee refuses to accept payment or if |
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| 1 | | the owner of
redemption redeeming from the foreclosure | 2 | | objects to the reasonableness of
the additional expenses | 3 | | authorized in paragraph (2) of subsection (d) of
Section | 4 | | 15-1603 and certified in accordance with subsection (e) of | 5 | | Section
15-1603, the owner of redemption shall pay
the | 6 | | certified amount to the clerk of the court on or before the | 7 | | date
designated for redemption, together with a written | 8 | | statement specifying the
expenses to which objection is | 9 | | made. In such case the clerk shall pay to the
mortgagee the | 10 | | amount tendered minus the amount to which the objection | 11 | | pertains.
| 12 | | (3) Upon payment to the clerk, whether or not the owner | 13 | | of redemption
files an objection at the time of payment, | 14 | | the clerk shall give a receipt
of payment to the person | 15 | | redeeming from the foreclosure, and shall file a
copy of | 16 | | that receipt in the foreclosure record. Upon receipt of the
| 17 | | amounts specified to be paid to the mortgagee pursuant to | 18 | | this Section, the
mortgagee shall promptly furnish the | 19 | | mortgagor with a release of the
mortgage or satisfaction of | 20 | | the judgment, as appropriate, and the evidence
of all | 21 | | indebtedness secured by the mortgage shall be cancelled.
| 22 | | (g) Procedure Upon Objection. If an objection is filed by | 23 | | an owner of
redemption in accordance with paragraph (2) of | 24 | | subsection (f) of Section
15-1603, the clerk shall hold the | 25 | | amount to which the objection pertains
until the court orders | 26 | | distribution of those funds. The court shall hold a
hearing |
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| 1 | | promptly to determine the distribution of any funds held by the
| 2 | | clerk pursuant to such objection. Each party shall pay its own | 3 | | costs and
expenses in connection with any objection, including | 4 | | attorneys' fees,
subject to Section 2-611 of the Code of Civil | 5 | | Procedure.
| 6 | | (h) Failure to Redeem. Unless the real estate being | 7 | | foreclosed is redeemed
from the foreclosure, it shall be sold | 8 | | as provided in this Article.
| 9 | | (i) Mortgagees electing to release, discharge, or abandon | 10 | | their mortgage interest in any property shall execute a binding | 11 | | written release declaring their discharge of the related lien | 12 | | and shall, within 30 days, record the release as provided in | 13 | | Section 28 of the Conveyances Act. The failure to record a | 14 | | written release creates a presumption that the mortgagee of | 15 | | record, or any of its, his, or her successors in interest, has | 16 | | knowingly interfered, delayed, and prevented the enforcement | 17 | | of any municipal ordinance concerning property. | 18 | | (Source: P.A. 86-974.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.".
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