SB2534sam002 97TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 3/26/2012

09700SB2534sam002 LRB097 14747 AJO 67978 a

AMENDMENT TO SENATE BILL 2534

AMENDMENT NO. ______. Amend Senate Bill 2534, by replacing lines 11 through 23 of page 1, all of page 2, and lines 1 through 12 of page 3 with the following:

"as a principal residence, or an incomplete structure if the real estate is zoned for residential development, where the structure is empty or otherwise uninhabited and the structure or lot is in need of maintenance, repair, or securing, and with respect to which one or more of the following conditions are shown to exist:

(1) all lawful business or construction operations have ceased for 6 months;

(2) it has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;

(3) no construction or legal repairs have commenced for 6 months;

(4) the doors or windows are smashed through, broken, unhinged, removed, or continuously unlocked;

(5) law enforcement officials have received at least one report of trespassers or vandalism or other illegal acts being committed at the property in the last 6 months;

(6) gas, electrical, or water services to the entire premises have been terminated; or

(7) there exists other evidence indicating a clear intent to abandon the property.

A property shall not be considered abandoned residential property if: (i) there is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations, and laws; (ii) there is a building occupied on a seasonal basis, but otherwise secure; (iii) there is a secure building on which there are bona fide rental or sale signs; (iv) there is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute; or (v) there is a building that is otherwise secure and in substantial compliance with all applicable ordinances, codes, regulations and laws."; and

by replacing lines 8 through 26 of page 15 and lines 1 through 4 of page 16 with the following:

"(f) The affidavit shall be signed by the mortgagee and shall state that, upon information and belief of the mortgagee after inspection by the mortgagee, the property is not occupied by any mortgagor or bona fide tenant as a principal residence, or the structure is empty or otherwise uninhabited and the structure or lot is in need of maintenance, repair, or securing, and there exists at least one of the conditions or circumstances listed in Section 15-1200.5, which shall be set forth in the affidavit. Photographic or other documentary evidence in support of the conditions or circumstances set forth in the affidavit shall be attached to the affidavit.

(g) Subject to subsection (h), at the hearing on the motion requesting an expedited judgment and sale, the court shall find that the property which is the subject of the foreclosure complaint is abandoned residential property if: (i) the property is not occupied by any mortgagor or bona fide tenant as a principal residence, or the structure is empty or otherwise uninhabited and the structure or lot is in need of maintenance, repair, or securing; and (ii) one or more of the conditions or circumstances described in Section 15-1200.5 apply.

(h) The court may not find at the hearing requesting an expedited judgment and sale that the property which is the subject of the foreclosure complaint is abandoned residential property if: (i) the mortgagor appears in the action before or at the hearing and objects to a finding of abandonment; (ii) a person other than the mortgagor appears at the hearing and presents evidence establishing to the satisfaction of the court that the mortgagor is working with, or making an attempt to work with, the mortgagee to modify the mortgage; or (iii) a person other than the mortgagor appears at the hearing and presents evidence establishing to the satisfaction of the court that the mortgagor has not abandoned the property.

(i) The court shall vacate an order issued pursuant to subsection (j) of this Section if the mortgagor appears in the action at any time prior to the court issuing an order confirming the sale pursuant to subsection (b-3) of Section 15-1508 and presents evidence establishing to the satisfaction of the court that the mortgagor has not abandoned the property.

(j) At the hearing on the motion requesting an expedited"; and

on page 16, by replacing line 11 with the following:

"(k) The reinstatement period and redemption period for the"; and

On page 16, by replacing lines 16 through 18 with the following:

"(l) A mortgagee or its agent may enter an abandoned residential property at any time for the purpose of maintaining or securing the"; and

on page 16, by replacing line 25 with the following:

"(m) The mortgagee shall be responsible for repairs or other"; and

on page 17, by replacing line 4 with the following:

"(n) Upon confirmation of the sale held pursuant to Section"; and

on page 17, by replacing line 16 with the following:

"(o) No mortgagee shall be held liable for seeking a".