Full Text of SB1674 98th General Assembly
SB1674ham003 98TH GENERAL ASSEMBLY | Rep. André M. Thapedi Filed: 5/24/2013
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| 1 | | AMENDMENT TO SENATE BILL 1674
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1674 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Housing Development Act is amended | 5 | | by changing Sections 7.30 and 7.31 as follows: | 6 | | (20 ILCS 3805/7.30) | 7 | | (Text of Section after amendment by P.A. 97-1164 ) | 8 | | Sec. 7.30. Foreclosure Prevention Program. | 9 | | (a) The Authority shall establish and administer a | 10 | | Foreclosure Prevention Program. The Authority shall use moneys | 11 | | in the Foreclosure Prevention Program Fund, and any other funds | 12 | | appropriated for this purpose, to make grants to (i) approved | 13 | | counseling agencies for approved housing counseling and (ii) | 14 | | approved community-based organizations for approved | 15 | | foreclosure prevention outreach programs. The Authority shall | 16 | | promulgate rules to implement this Program and may adopt |
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| 1 | | emergency rules as soon as practicable to begin implementation | 2 | | of the Program. | 3 | | (b) Subject to
appropriation and the annual receipt of | 4 | | funds , the Authority shall make grants from the Foreclosure | 5 | | Prevention Program Fund derived from fees paid as specified in | 6 | | subsection (a) of Section 15-1504.1 of the Code of Civil | 7 | | Procedure as follows: | 8 | | (1) 25% of the moneys in the Fund shall be used to make | 9 | | grants to approved counseling agencies that provide | 10 | | services in Illinois outside of the City of Chicago. Grants | 11 | | shall be based upon the number of foreclosures filed in an | 12 | | approved counseling agency's service area, the capacity of | 13 | | the agency to provide foreclosure counseling services, and | 14 | | any other factors that the Authority deems appropriate. | 15 | | (2) 25% of the moneys in the Fund shall be distributed | 16 | | to the City of Chicago to make grants to approved | 17 | | counseling agencies located within the City of Chicago for | 18 | | approved housing counseling or to support foreclosure | 19 | | prevention counseling programs administered by the City of | 20 | | Chicago. | 21 | | (3) 25% of the moneys in the Fund shall be used to make | 22 | | grants to approved community-based organizations located | 23 | | outside of the City of Chicago for approved foreclosure | 24 | | prevention outreach programs. | 25 | | (4) 25% of the moneys in the Fund shall be used to make | 26 | | grants to approved community-based organizations located |
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| 1 | | within the City of Chicago for approved foreclosure | 2 | | prevention outreach programs, with priority given to | 3 | | programs that provide door-to-door outreach. | 4 | | The percentages set forth in this subsection (b) shall be | 5 | | calculated after deduction of reimbursable administrative | 6 | | expenses incurred by the Authority. | 7 | | (b-1) Subject to appropriation and the annual receipt of | 8 | | funds , the Authority shall make grants from the Foreclosure | 9 | | Prevention Program Graduated Fund derived from fees paid as | 10 | | specified in paragraph (1) of subsection (a-5) of Section | 11 | | 15-1504.1 of the Code of Civil Procedure, as follows: | 12 | | (1) 30% shall be used to make grants for approved | 13 | | housing counseling in Cook County outside of the City of | 14 | | Chicago; | 15 | | (2) 25% shall be used to make grants for approved | 16 | | housing counseling in the City of Chicago; | 17 | | (3) 30% shall be used to make grants for approved | 18 | | housing counseling in DuPage, Kane, Lake, McHenry, and Will | 19 | | Counties; and | 20 | | (4) 15% shall be used to make grants for approved | 21 | | housing counseling in Illinois in counties other than Cook, | 22 | | DuPage, Kane, Lake, McHenry, and Will Counties provided | 23 | | that grants to provide approved housing counseling to | 24 | | borrowers residing within these counties shall be based , to | 25 | | the extent practicable, (i) proportionately on the amount | 26 | | of fees paid to the respective clerks of the courts within |
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| 1 | | these counties and (ii) on any other factors that the | 2 | | Authority deems appropriate. | 3 | | The percentages set forth in this subsection (b-1) shall be | 4 | | calculated after deduction of reimbursable administrative | 5 | | expenses incurred by the Authority. | 6 | | (b-5) As used in this Section: | 7 | | "Approved community-based organization" means a | 8 | | not-for-profit entity that provides educational and financial | 9 | | information to residents of a community through in-person | 10 | | contact. "Approved community-based organization" does not | 11 | | include a not-for-profit corporation or other entity or person | 12 | | that provides legal representation or advice in a civil | 13 | | proceeding or court-sponsored mediation services, or a | 14 | | governmental agency. | 15 | | "Approved foreclosure prevention outreach program" means a | 16 | | program developed by an approved community-based organization | 17 | | that includes in-person contact with residents to provide (i) | 18 | | pre-purchase and post-purchase home ownership counseling, (ii) | 19 | | education about the foreclosure process and the options of a | 20 | | mortgagor in a foreclosure proceeding, and (iii) programs | 21 | | developed by an approved community-based organization in | 22 | | conjunction with a State or federally chartered financial | 23 | | institution. | 24 | | "Approved counseling agency" means a housing counseling | 25 | | agency approved by the U.S. Department of Housing and Urban | 26 | | Development. |
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| 1 | | "Approved housing counseling" means in-person counseling | 2 | | provided by a counselor employed by an approved counseling | 3 | | agency to all borrowers, or documented telephone counseling | 4 | | where a hardship would be imposed on one or more borrowers. A | 5 | | hardship shall exist in instances in which the borrower is | 6 | | confined to his or her home due to a medical condition, as | 7 | | verified in writing by a physician, or the borrower resides 50 | 8 | | miles or more from the nearest approved counseling agency. In | 9 | | instances of telephone counseling, the borrower must supply all | 10 | | necessary documents to the counselor at least 72 hours prior to | 11 | | the scheduled telephone counseling session. | 12 | | (c) (Blank).
| 13 | | (c-5) Where the jurisdiction of an approved counseling | 14 | | agency is included within more than one of the geographic areas | 15 | | set forth in this Section, the Authority may elect to fully | 16 | | fund the applicant from one of the relevant geographic areas. | 17 | | (Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.) | 18 | | (20 ILCS 3805/7.31) | 19 | | Sec. 7.31. Abandoned Residential Property Municipality | 20 | | Relief Program. | 21 | | (a) The Authority shall establish and administer an | 22 | | Abandoned Residential Property Municipality Relief Program. | 23 | | The Authority shall use moneys in the Abandoned Residential | 24 | | Property Municipality Relief Fund, and any other funds | 25 | | appropriated for this purpose, to make grants to municipalities |
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| 1 | | and to counties to assist with costs incurred by the | 2 | | municipality or county for: cutting of neglected weeds or | 3 | | grass, trimming of trees or bushes, and removal of nuisance | 4 | | bushes or trees; extermination of pests or prevention of the | 5 | | ingress of pests; removal of garbage, debris, and graffiti; | 6 | | boarding up, closing off, or locking windows or entrances or | 7 | | otherwise making the interior of a building inaccessible to the | 8 | | general public; surrounding part or all of an abandoned | 9 | | residential property's underlying parcel with a fence or wall | 10 | | or otherwise making part or all of the abandoned residential | 11 | | property's underlying parcel inaccessible to the general | 12 | | public; demolition of abandoned residential property; and | 13 | | repair or rehabilitation of abandoned residential property, as | 14 | | approved by the Authority under the Program. For purposes of | 15 | | this subsection (a), "pests" has the meaning ascribed to that | 16 | | term in subsection (c) of Section 11-20-8 of the Illinois | 17 | | Municipal Code. The Authority shall promulgate rules for the | 18 | | administration, operation, and maintenance of the Program and | 19 | | may adopt emergency rules as soon as practicable to begin | 20 | | implementation of the Program. | 21 | | (b) Subject to
appropriation and the annual receipt of | 22 | | funds , the Authority shall make grants from the Abandoned | 23 | | Residential Property Municipality Relief Fund derived from | 24 | | fees paid as specified in paragraph (1) of subsection (a-5) of | 25 | | Section 15-1504.1 and subsection (a)
of Section 15-1507.1 of | 26 | | the Code of Civil Procedure as follows: |
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| 1 | | (1) 30% of the moneys in the Fund shall be used to make | 2 | | grants to municipalities other than the City of Chicago in | 3 | | Cook County and to Cook County; | 4 | | (2) 25% of the moneys in the Fund shall be used to make | 5 | | grants to the City of Chicago;
| 6 | | (3) 30% of the moneys in the Fund shall be used to make | 7 | | grants to municipalities in DuPage, Kane, Lake, McHenry and | 8 | | Will Counties, and to those counties; and | 9 | | (4) 15% of the moneys in the Fund shall be used to make | 10 | | grants to municipalities in Illinois in counties other than | 11 | | Cook, DuPage, Kane, Lake, McHenry, and Will Counties, and | 12 | | to counties other than Cook, DuPage, Kane, Lake, McHenry, | 13 | | and Will Counties. Grants distributed to the | 14 | | municipalities and counties shall be based on (i) areas of | 15 | | greatest need within these counties, which shall be | 16 | | determined, to the extent practicable, proportionately on | 17 | | the amount of fees paid to the respective clerks of the | 18 | | courts within these counties, and (ii) on any other factors | 19 | | that the Authority deems appropriate. Grants distributed | 20 | | to the municipalities and counties identified in this | 21 | | paragraph (4) shall be based (i) proportionately on the | 22 | | amount of fees paid to the respective clerks of the courts | 23 | | within these counties and (ii) on any other factors that | 24 | | the Authority deems appropriate. | 25 | | The percentages set forth in this subsection (b) shall be | 26 | | calculated after deduction of reimbursable administrative |
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| 1 | | expenses incurred by the Authority. | 2 | | (c) Where the jurisdiction of a municipality is included | 3 | | within more than one of the geographic areas set forth in this | 4 | | Section, the Authority may elect to fully fund the municipality | 5 | | from one of the relevant geographic areas. | 6 | | (Source: P.A. 96-1419, eff. 10-1-10; 97-1164, eff. 6-1-13.) | 7 | | Section 10. The State Finance Act is amended by adding | 8 | | Section 5.826 as follows: | 9 | | (30 ILCS 105/5.826 new) | 10 | | Sec. 5.826. The Foreclosure Prevention Program Graduated | 11 | | Fund. | 12 | | Section 15. The Code of Civil Procedure is amended by | 13 | | changing Sections 15-1504.1, 15-1505.8, and 15-1507.1 as | 14 | | follows: | 15 | | (735 ILCS 5/15-1504.1) | 16 | | Sec. 15-1504.1. Filing fee for Foreclosure Prevention | 17 | | Program Fund , Foreclosure Prevention Program Graduated Fund, | 18 | | and Abandoned Residential Property Municipality Relief Fund. | 19 | | (a) Fee paid by all plaintiffs with respect to residential | 20 | | real estate. With respect to residential real estate, at the | 21 | | time of the filing of a foreclosure complaint, the plaintiff | 22 | | shall pay to the clerk of the court in which the foreclosure |
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| 1 | | complaint is filed a fee of $50 for deposit into the | 2 | | Foreclosure Prevention Program Fund, a special
fund created in | 3 | | the State treasury. The clerk shall remit the fee collected | 4 | | pursuant to this subsection (a) to the State Treasurer to be | 5 | | expended for the purposes set forth in Section 7.30 of the | 6 | | Illinois Housing Development Act. All fees paid by plaintiffs | 7 | | to the clerk of the court as provided in this subsection (a) | 8 | | shall be disbursed within 60 days after receipt by the clerk of | 9 | | the court as follows: (i) 98% to the State Treasurer for | 10 | | deposit into the Foreclosure Prevention Program Fund, and (ii) | 11 | | 2% to the clerk of the court to be retained by the clerk for | 12 | | deposit into the Circuit Court Clerk Operation and | 13 | | Administrative Fund to defray for administrative expenses | 14 | | related to implementation of this subsection (a). | 15 | | Notwithstanding any other law to the contrary, the Foreclosure | 16 | | Prevention Program Fund is not subject to sweeps, | 17 | | administrative charge-backs, or any other fiscal maneuver that | 18 | | would in any way transfer any amounts from the Foreclosure | 19 | | Prevention Program Fund into any other fund of the State. | 20 | | (a-5) Additional fee paid by plaintiffs with respect to | 21 | | residential real estate. | 22 | | (1) Until January 1, 2018, with respect to residential | 23 | | real estate, at the time of the filing of a foreclosure | 24 | | complaint and in addition to the fee set forth in | 25 | | subsection (a) of this Section, the plaintiff shall pay to | 26 | | the clerk of the court in which the foreclosure complaint |
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| 1 | | is filed a fee for the Foreclosure Prevention Program | 2 | | Graduated Fund and the Abandoned Residential Property | 3 | | Municipality Relief Fund as follows: | 4 | | (A) The fee shall be $500 if: | 5 | | (i) the plaintiff, together with its | 6 | | affiliates, has filed a sufficient
number of | 7 | | foreclosure complaints so as to be included in the | 8 | | first tier
foreclosure filing category and is | 9 | | filing the complaint on its own behalf as
the | 10 | | holder of the indebtedness; or | 11 | | (ii) the plaintiff, together with its | 12 | | affiliates, has filed a sufficient
number of | 13 | | foreclosure complaints so as to be included in the | 14 | | first tier
foreclosure filing category and is | 15 | | filing the complaint on behalf of a
mortgagee that, | 16 | | together with its affiliates, has filed a | 17 | | sufficient
number of foreclosure complaints so as | 18 | | to be included in the first tier
foreclosure filing | 19 | | category; or | 20 | | (iii) the plaintiff is not a depository | 21 | | institution and is filing the complaint on behalf | 22 | | of a mortgagee that, together with its affiliates, | 23 | | has filed a sufficient number of foreclosure | 24 | | complaints so as to be
included in the first tier | 25 | | foreclosure filing category. | 26 | | (B) The fee shall be $250 if: |
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| 1 | | (i) the plaintiff, together with its | 2 | | affiliates, has filed a sufficient number of | 3 | | foreclosure complaints so as to be included in the | 4 | | second tier foreclosure filing category and is | 5 | | filing the complaint on its own behalf as
the | 6 | | holder of the indebtedness; or | 7 | | (ii) the plaintiff, together with its | 8 | | affiliates, has filed a sufficient number of | 9 | | foreclosure complaints so as to be included in the | 10 | | first or second tier foreclosure filing category | 11 | | and is filing the complaint on behalf
of a | 12 | | mortgagee that, together with its affiliates, has | 13 | | filed a sufficient
number of foreclosure | 14 | | complaints so as to be included in the second tier | 15 | | foreclosure filing category; or | 16 | | (iii) the plaintiff, together with its | 17 | | affiliates, has filed a sufficient
number of | 18 | | foreclosure complaints so as to be included in the | 19 | | second tier
foreclosure filing category and is | 20 | | filing the complaint on behalf of a
mortgagee that, | 21 | | together with its affiliates, has filed a | 22 | | sufficient
number of foreclosure complaints so as | 23 | | to be included in the first tier
foreclosure filing | 24 | | category; or | 25 | | (iv) the plaintiff is not a depository | 26 | | institution and is filing the complaint on behalf |
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| 1 | | of a mortgagee that, together with its affiliates, | 2 | | has
filed a sufficient number of foreclosure | 3 | | complaints so as to be included in
the second tier | 4 | | foreclosure filing category. | 5 | | (C) The fee shall be $50 if: | 6 | | (i) the plaintiff, together with its | 7 | | affiliates, has filed a sufficient number of | 8 | | foreclosure complaints so as to be included in the | 9 | | third tier foreclosure filing category and is | 10 | | filing the complaint on its own behalf as
the | 11 | | holder of the indebtedness; or | 12 | | (ii) the plaintiff, together with its | 13 | | affiliates, has filed a sufficient number of | 14 | | foreclosure complaints so as to be included in the | 15 | | first, second, or third tier foreclosure filing | 16 | | category and is filing the complaint on
behalf of a | 17 | | mortgagee that, together with its affiliates, has | 18 | | filed a sufficient
number of foreclosure | 19 | | complaints so as to be included in the third tier | 20 | | foreclosure filing category; or | 21 | | (iii) the plaintiff, together with its | 22 | | affiliates, has filed a sufficient
number of | 23 | | foreclosure complaints so as to be included in the | 24 | | third tier
foreclosure filing category and is | 25 | | filing the complaint on behalf of a
mortgagee that, | 26 | | together with its affiliates, has filed a |
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| 1 | | sufficient
number of foreclosure complaints so as | 2 | | to be included in the first tier
foreclosure filing | 3 | | category; or | 4 | | (iv) the plaintiff, together with its | 5 | | affiliates, has filed a sufficient
number of | 6 | | foreclosure complaints so as to be included in the | 7 | | third tier
foreclosure filing category and is | 8 | | filing the complaint on behalf of a
mortgagee that, | 9 | | together with its affiliates, has filed a | 10 | | sufficient
number of foreclosure complaints so as | 11 | | to be included in the second tier
foreclosure | 12 | | filing category; or | 13 | | (v) the plaintiff is not a depository | 14 | | institution and is filing the complaint on behalf | 15 | | of a mortgagee that, together with its affiliates, | 16 | | has
filed a sufficient number of foreclosure | 17 | | complaints so as to be included in
the third tier | 18 | | foreclosure filing category. | 19 | | (2) The clerk shall remit the fee collected pursuant to | 20 | | paragraph (1) of this subsection (a-5) to the State | 21 | | Treasurer to be expended for the purposes set forth in | 22 | | Sections 7.30 and 7.31 of the Illinois Housing Development | 23 | | Act and for administrative expenses. All fees paid by | 24 | | plaintiffs to the clerk of the court as provided in | 25 | | paragraph (1) shall be disbursed within 60 days after | 26 | | receipt by the clerk of the court as follows: |
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| 1 | | (A) 28% to the State Treasurer for deposit into the | 2 | | Foreclosure Prevention Program Graduated Fund; | 3 | | (B) 70% to the State Treasurer for deposit into the | 4 | | Abandoned Residential Property Municipality Relief | 5 | | Fund; and | 6 | | (C) 2% to the clerk of the court to be retained by | 7 | | the clerk for deposit into the Circuit Court Clerk | 8 | | Operation and Administrative Fund to defray for | 9 | | administrative expenses related to implementation of | 10 | | this subsection (a-5). | 11 | | (3) Until January 1, 2018, with respect to residential | 12 | | real estate, at the time of the filing of a foreclosure | 13 | | complaint, the plaintiff or plaintiff's representative | 14 | | shall file a verified statement that states which | 15 | | additional fee is due under paragraph (1) of this | 16 | | subsection (a-5), unless the court has established another | 17 | | process for a plaintiff or plaintiff's representative to | 18 | | certify which additional fee is due under paragraph (1) of | 19 | | this subsection (a-5). | 20 | | (3) To determine whether a plaintiff is subject to the | 21 | | fee as set forth in paragraph (1) of this subsection (a-5), | 22 | | a person, including the clerk of the court, may rely on: | 23 | | (A) a verified statement filed by the plaintiff at | 24 | | the time of filing the foreclosure complaint that | 25 | | states whether the plaintiff has an obligation to pay | 26 | | an additional fee as set forth in subsection (a-5) and |
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| 1 | | if so whether the fee is due under subparagraph (A), | 2 | | (B), or (C) of paragraph (1) of subsection (a-5); or | 3 | | (B) such other processes established by the clerk | 4 | | of the court for plaintiffs to certify their | 5 | | eligibility for the exemption from the additional fee | 6 | | set forth in subsection (a-5). | 7 | | (4) If a plaintiff fails to provide the clerk of the | 8 | | court with a true and correct statement of the additional | 9 | | fee due under paragraph (1) of this subsection (a-5), and | 10 | | the mortgagor reimburses the plaintiff for any erroneous | 11 | | additional fee that was paid by the plaintiff to the clerk | 12 | | of the court, the mortgagor may seek a refund of any | 13 | | overpayment of the fee in an amount that shall not exceed | 14 | | the difference between the higher additional fee paid under | 15 | | paragraph (1) of this subsection (a-5) and the actual fee | 16 | | due thereunder. The mortgagor must petition the judge | 17 | | within the foreclosure action for the award of any fee | 18 | | overpayment pursuant to this paragraph (4) of this | 19 | | subsection (a-5), and the award shall be determined by the | 20 | | judge and paid by the clerk of the court out of the fund | 21 | | account into which the clerk of the court deposits fees to | 22 | | be remitted to the State Treasurer under paragraph (2) of | 23 | | this subsection (a-5), the timing of which refund payment | 24 | | shall be determined by the clerk of the court based upon | 25 | | the availability of funds in the subject fund account. This | 26 | | refund shall be the mortgagor's sole remedy and a mortgagor |
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| 1 | | shall have no private right of action against the plaintiff | 2 | | or plaintiff's representatives if the additional fee paid | 3 | | by the plaintiff was erroneous. | 4 | | (5) This subsection (a-5) is inoperative on and after | 5 | | January 1, 2018. | 6 | | (b) Not later than March 1 of each year, the clerk of the | 7 | | court shall submit to the Illinois Housing Development | 8 | | Authority a report of the funds collected and remitted pursuant | 9 | | to this Section during the preceding year.
| 10 | | (c) As used in this Section: | 11 | | "Affiliate" means any company that controls, is controlled | 12 | | by, or is under common control with another company. | 13 | | "Approved counseling agency" and "approved housing | 14 | | counseling" have the meanings ascribed to those terms in | 15 | | Section 7.30 of the Illinois Housing Development Act. | 16 | | "Depository institution" means a bank, savings bank, | 17 | | savings and loan association, or credit union chartered, | 18 | | organized, or holding a certificate of authority to do business | 19 | | under the laws of this State, another state, or the United | 20 | | States. | 21 | | "First tier foreclosure filing category" is a | 22 | | classification that only applies to a plaintiff that has filed | 23 | | 175 or more foreclosure complaints on residential real estate | 24 | | located in Illinois during the calendar year immediately | 25 | | preceding the date of the filing of the subject foreclosure | 26 | | complaint. |
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| 1 | | "Second tier foreclosure filing category" is a | 2 | | classification that only applies to a plaintiff that has filed | 3 | | at least 50, but no more than 174, foreclosure complaints on | 4 | | residential real estate located in Illinois during the calendar | 5 | | year immediately preceding the date of the filing of the | 6 | | subject foreclosure complaint. | 7 | | "Third tier foreclosure filing category" is a | 8 | | classification that only applies to a plaintiff that has filed | 9 | | no more than 49 foreclosure complaints on residential real | 10 | | estate located in Illinois during the calendar year immediately | 11 | | preceding the date of the filing of the subject foreclosure | 12 | | complaint. | 13 | | (d) In no instance shall the fee set forth in subsection | 14 | | (a-5) be assessed for any foreclosure complaint filed before | 15 | | the effective date of this amendatory Act of the 97th General | 16 | | Assembly. | 17 | | (e) Notwithstanding any other law to the contrary, the | 18 | | Abandoned Residential Property Municipality Relief Fund is not | 19 | | subject to sweeps, administrative charge-backs, or any other | 20 | | fiscal maneuver that would in any way transfer any amounts from | 21 | | the Abandoned Residential Property Municipality Relief Fund | 22 | | into any other fund of the State. | 23 | | (Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11; | 24 | | 97-1164, eff. 6-1-13.) | 25 | | (735 ILCS 5/15-1505.8) |
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| 1 | | (This Section may contain text from a Public Act with a | 2 | | delayed effective date ) | 3 | | Sec. 15-1505.8. Expedited judgment and sale procedure for | 4 | | abandoned residential property. | 5 | | (a) Upon motion and notice, the mortgagee may elect to | 6 | | utilize the expedited judgment and sale procedure for abandoned | 7 | | residential property stated in this Section to obtain a | 8 | | judgment of foreclosure pursuant to Section 15-1506. The motion | 9 | | to expedite the judgment and sale may be combined with or made | 10 | | part of the motion requesting a judgment of foreclosure. The | 11 | | notice of the motion to expedite the judgment and sale shall be | 12 | | sent by first-class mail to the last known address of the | 13 | | mortgagor, and the notice required by paragraph (1) of | 14 | | subsection (l) of this Section shall be posted at the property | 15 | | address. | 16 | | (b) The motion requesting an expedited judgment of | 17 | | foreclosure and sale may be filed by the mortgagee at the time | 18 | | the foreclosure complaint is filed or any time thereafter, and | 19 | | shall set forth the facts demonstrating that the mortgaged real | 20 | | estate is abandoned residential real estate under Section | 21 | | 15-1200.5 and shall be supported by affidavit. | 22 | | (c) If a motion for an expedited judgment and sale is filed | 23 | | at the time the foreclosure complaint is filed or before the | 24 | | period to answer the foreclosure complaint has expired, the | 25 | | motion shall be heard by the court no earlier than before the | 26 | | period to answer the foreclosure complaint has expired and no |
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| 1 | | later than 21 15 days after the period to answer the | 2 | | foreclosure complaint has expired. | 3 | | (d) If a motion for an expedited judgment and sale is filed | 4 | | after the period to answer the foreclosure complaint has | 5 | | expired, the motion shall be heard no later than 21 15 days | 6 | | after the motion is filed. | 7 | | (e) The hearing shall be given priority by the court and | 8 | | shall be scheduled to be heard within the applicable time | 9 | | period set forth in subsection (c) or (d) of this Section. | 10 | | (f) Subject to subsection (g), at the hearing on the motion | 11 | | requesting an expedited judgment and sale, if the court finds | 12 | | that the mortgaged real estate is abandoned residential | 13 | | property, the court shall grant the motion and immediately | 14 | | proceed to a trial of the foreclosure. A judgment of | 15 | | foreclosure under this Section shall include the matters | 16 | | identified in Section 15-1506. | 17 | | (g) The court may not grant the motion requesting an | 18 | | expedited judgment and sale if the mortgagor, an unknown owner, | 19 | | or a lawful occupant appears in the action in any manner before | 20 | | or at the hearing and objects to a finding of abandonment. | 21 | | (h) The court shall vacate an order issued pursuant to | 22 | | subsection (f) of this Section if the mortgagor or a lawful | 23 | | occupant appears in the action at any time prior to the court | 24 | | issuing an order confirming the sale pursuant to subsection | 25 | | (b-3) of Section 15-1508 and presents evidence establishing to | 26 | | the satisfaction of the court that the mortgagor or lawful |
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| 1 | | occupant has not abandoned the mortgaged real estate. | 2 | | (i) The reinstatement period and redemption period for the | 3 | | abandoned residential property shall end in accordance with | 4 | | paragraph (4) of subsection (b) of Section 15-1603, and the | 5 | | abandoned residential property shall be sold at the earliest | 6 | | practicable time at a sale as provided in this Article. | 7 | | (j) The mortgagee or its agent may enter, secure, and | 8 | | maintain abandoned residential property subject to subsection | 9 | | (e-5) of Section 21-3 of the Criminal Code of 2012. | 10 | | (k) Personal property. | 11 | | (1) Upon confirmation of the sale held pursuant to | 12 | | Section 15-1507, any personal property remaining in or upon | 13 | | the abandoned residential property shall be deemed to have | 14 | | been abandoned by the owner of such personal property and | 15 | | may be disposed of or donated by the holder of the | 16 | | certificate of sale (or, if none, by the purchaser at the | 17 | | sale). In the event of donation of any such personal | 18 | | property, the holder of the certificate of sale (or, if | 19 | | none, the purchaser at the sale) may transfer such donated | 20 | | property with a bill of sale. No mortgagee or its | 21 | | successors or assigns, holder of a certificate of sale, or | 22 | | purchaser at the sale shall be liable for any such disposal | 23 | | or donation of personal property. | 24 | | (2) Notwithstanding paragraph (1) of this subsection | 25 | | (k), in the event a lawful occupant is in possession of the | 26 | | mortgaged real estate who has not been made a party to the |
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| 1 | | foreclosure and had his or her interests terminated | 2 | | therein, any personal property of the lawful occupant shall | 3 | | not be deemed to have been abandoned, nor shall the rights | 4 | | of the lawful occupant to any personal property be | 5 | | affected. | 6 | | (l) Notices to be posted at property address. | 7 | | (1) The notice set out in this paragraph (1) of this | 8 | | subsection (l) shall be conspicuously posted at the | 9 | | property address at least 14 days before the hearing on the | 10 | | motion requesting an expedited judgment and sale and shall | 11 | | be in boldface, in at least 12 point type, and in | 12 | | substantially the following form: | 13 | | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | 14 | | OCCUPANT OF THIS PROPERTY | 15 | | A lawsuit has been filed to foreclose on this property, and the | 16 | | party asking to foreclose on this property has asked a judge to | 17 | | find that THIS PROPERTY IS ABANDONED. | 18 | | The judge will be holding a hearing to decide whether this | 19 | | property is ABANDONED. | 20 | | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY | 21 | | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | 22 | | are a lawful occupant of this property. |
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| 1 | | If the judge is satisfied that you are a LAWFUL OCCUPANT of | 2 | | this property, the court will find that this property is NOT | 3 | | ABANDONED. | 4 | | This hearing will be held in the courthouse at the following | 5 | | address, date, and time: | 6 | | Court name: .................................................. | 7 | | Court address: ............................................... | 8 | | Court room number where hearing will be held: ................ | 9 | | (There should be a person in this room called a CLERK who can | 10 | | help you. Make sure you know THIS PROPERTY'S ADDRESS.) | 11 | | Date of hearing: ............................................. | 12 | | Time of hearing: ............................................. | 13 | | MORE INFORMATION | 14 | | Name of lawsuit: ............................................. | 15 | | Number of lawsuit: ........................................... | 16 | | Address of this property: .................................... | 17 | | IMPORTANT | 18 | | This is NOT a notice to vacate the premises. You may wish to | 19 | | contact a lawyer or your local legal aid or housing counseling |
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| 1 | | agency to discuss any rights that you may have. | 2 | | WARNING | 3 | | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | 4 | | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY | 5 | | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | 6 | | LAW. 720 ILCS 5/21-3(a). | 7 | | NO TRESPASSING | 8 | | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | 9 | | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A | 10 | | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". | 11 | | (2) The notice set out in this paragraph (2) of this | 12 | | subsection (l) shall be conspicuously posted at the | 13 | | property address at least 14 days before the hearing to | 14 | | confirm the sale of the abandoned residential property and | 15 | | shall be in boldface, in at least 12 point type, and in | 16 | | substantially the following form: | 17 | | "NOTICE TO ANY TENANT
OR OTHER LAWFUL | 18 | | OCCUPANT OF THIS PROPERTY | 19 | | A lawsuit has been filed to foreclose on this property, and the | 20 | | judge has found that THIS PROPERTY IS ABANDONED. As a result, |
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| 1 | | THIS PROPERTY HAS BEEN OR WILL BE SOLD. | 2 | | HOWEVER, there still must be a hearing for the judge to approve | 3 | | the sale. The judge will NOT APPROVE this sale if the judge | 4 | | finds that any person lawfully occupies any part of this | 5 | | property. | 6 | | IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY | 7 | | CHOOSE TO GO TO THIS HEARING and explain to the judge how you | 8 | | are a lawful occupant of this property. You also may appear | 9 | | BEFORE this hearing and explain to the judge how you are a | 10 | | lawful occupant of this property. | 11 | | If the judge is satisfied that you are a LAWFUL OCCUPANT of | 12 | | this property, the court will find that this property is NOT | 13 | | ABANDONED, and there will be no sale of the property at this | 14 | | time. | 15 | | This hearing will be held in the courthouse at the following | 16 | | address, date, and time: | 17 | | Court name: .................................................. | 18 | | Court address: ............................................... | 19 | | Court room number where hearing will be held: ................ | 20 | | (There should be a person in this room called a CLERK who can | 21 | | help you. Make sure you know THIS PROPERTY'S ADDRESS.) |
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| 1 | | Date of hearing: ............................................. | 2 | | Time of hearing: ............................................. | 3 | | MORE INFORMATION | 4 | | Name of lawsuit: ............................................. | 5 | | Number of lawsuit: ........................................... | 6 | | Address of this property: .................................... | 7 | | IMPORTANT | 8 | | This is NOT a notice to vacate the premises. You may wish to | 9 | | contact a lawyer or your local legal aid or housing counseling | 10 | | agency to discuss any rights that you may have. | 11 | | WARNING | 12 | | INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME | 13 | | STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY | 14 | | UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS | 15 | | LAW. 720 ILCS 5/21-3(a). | 16 | | NO TRESPASSING | 17 | | KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A | 18 | | CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A |
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| 1 | | FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
| 2 | | (Source: P.A. 97-1164, eff. 6-1-13.) | 3 | | (735 ILCS 5/15-1507.1) | 4 | | (Section scheduled to be repealed on March 2, 2016) | 5 | | Sec. 15-1507.1. Judicial sale fee for Abandoned | 6 | | Residential Property Municipality Relief Fund. | 7 | | (a) Upon and at the sale of residential real estate under | 8 | | Section 15-1507, the purchaser shall pay to the person | 9 | | conducting the sale pursuant to Section 15-1507 a fee for | 10 | | deposit into the Abandoned Residential Property Municipality | 11 | | Relief Fund, a special
fund created in the State treasury. The | 12 | | fee shall be calculated at the rate of $1 for each $1,000 or | 13 | | fraction thereof of the amount paid by the purchaser to the | 14 | | person conducting the sale, as reflected in the receipt of sale | 15 | | issued to the purchaser, provided that in no event shall the | 16 | | fee exceed $300. No fee shall be paid by the mortgagee | 17 | | acquiring the residential real estate pursuant to its credit | 18 | | bid at the sale or by any mortgagee, judgment creditor, or | 19 | | other lienor acquiring the residential real estate whose rights | 20 | | in and to the residential real estate arose prior to the sale. | 21 | | Upon confirmation of the sale under Section 15-1508, the person | 22 | | conducting the sale shall remit the fee to the clerk of the | 23 | | court in which the foreclosure case is pending. The clerk shall | 24 | | remit the fee to the State Treasurer as provided in this | 25 | | Section, to be expended for the purposes set forth in Section |
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| 1 | | 7.31 of the Illinois Housing Development Act. | 2 | | (b) All fees paid by purchasers as provided in this Section | 3 | | shall be disbursed within 60 days after receipt by the clerk of | 4 | | the court as follows: (i) 98% to the State Treasurer for | 5 | | deposit into the Abandoned Residential Property Municipality | 6 | | Relief Fund, and (ii) 2% to the clerk of the court to be | 7 | | retained by the clerk for deposit into the Circuit Court Clerk | 8 | | Operation and Administrative Fund to defray for administrative | 9 | | expenses related to implementation of this Section. | 10 | | (c) Not later than March 1 of each year, the clerk of the | 11 | | court shall submit to the Illinois Housing Development | 12 | | Authority a report of the funds collected and remitted during | 13 | | the preceding year pursuant to this Section. | 14 | | (d) Subsections (a) and (b) of this Section shall become | 15 | | inoperative on January 1, 2016. This Section is repealed on | 16 | | March 2, 2016.
| 17 | | (Source: P.A. 96-1419, eff. 10-1-10.)
| 18 | | Section 99. Effective date. This Act takes effect June 1, | 19 | | 2013.".
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