Full Text of HB3360 101st General Assembly
HB3360eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 15-1504.1 and by reenacting and changing | 6 | | Section 15-1507.1 as follows: | 7 | | (735 ILCS 5/15-1504.1) | 8 | | Sec. 15-1504.1. Filing fee for Foreclosure Prevention | 9 | | Program Fund, Foreclosure Prevention Program Graduated Fund, | 10 | | and Abandoned Residential Property Municipality Relief Fund. | 11 | | (a) Fee paid by all plaintiffs with respect to residential | 12 | | real estate. With respect to residential real estate, at the | 13 | | time of the filing of a foreclosure complaint, the plaintiff | 14 | | shall pay to the clerk of the court in which the foreclosure | 15 | | complaint is filed a fee of $50 for deposit into the | 16 | | Foreclosure Prevention Program Fund, a special
fund created in | 17 | | the State treasury. The clerk shall remit the fee collected | 18 | | pursuant to this subsection (a) to the State Treasurer to be | 19 | | expended for the purposes set forth in Section 7.30 of the | 20 | | Illinois Housing Development Act. All fees paid by plaintiffs | 21 | | to the clerk of the court as provided in this subsection (a) | 22 | | shall be disbursed within 60 days after receipt by the clerk of | 23 | | the court as follows: (i) 98% to the State Treasurer for |
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| 1 | | deposit into the Foreclosure Prevention Program Fund, and (ii) | 2 | | 2% to the clerk of the court to be retained by the clerk for | 3 | | deposit into the Circuit Court Clerk Operation and | 4 | | Administrative Fund to defray administrative expenses related | 5 | | to implementation of this subsection (a). Notwithstanding any | 6 | | other law to the contrary, the Foreclosure Prevention Program | 7 | | Fund is not subject to sweeps, administrative charge-backs, or | 8 | | any other fiscal maneuver that would in any way transfer any | 9 | | amounts from the Foreclosure Prevention Program Fund into any | 10 | | other fund of the State. | 11 | | (a-5) Additional fee paid by plaintiffs with respect to | 12 | | residential real estate. | 13 | | (1) Until January 1, 2023 2020 , with respect to | 14 | | residential real estate, at the time of the filing of a | 15 | | foreclosure complaint and in addition to the fee set forth | 16 | | in subsection (a) of this Section, the plaintiff shall pay | 17 | | to the clerk of the court in which the foreclosure | 18 | | complaint is filed a fee for the Foreclosure Prevention | 19 | | Program Graduated Fund and the Abandoned Residential | 20 | | Property Municipality Relief Fund as follows: | 21 | | (A) The fee shall be $500 if: | 22 | | (i) the plaintiff, together with its | 23 | | affiliates, has filed a sufficient
number of | 24 | | foreclosure complaints so as to be included in the | 25 | | first tier
foreclosure filing category and is | 26 | | filing the complaint on its own behalf as
the |
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| 1 | | holder of the indebtedness; or | 2 | | (ii) the plaintiff, together with its | 3 | | affiliates, has filed a sufficient
number of | 4 | | foreclosure complaints so as to be included in the | 5 | | first tier
foreclosure filing category and is | 6 | | filing the complaint on behalf of a
mortgagee that, | 7 | | together with its affiliates, has filed a | 8 | | sufficient
number of foreclosure complaints so as | 9 | | to be included in the first tier
foreclosure filing | 10 | | category; or | 11 | | (iii) the plaintiff is not a depository | 12 | | institution and is filing the complaint on behalf | 13 | | of a mortgagee that, together with its affiliates, | 14 | | has filed a sufficient number of foreclosure | 15 | | complaints so as to be
included in the first tier | 16 | | foreclosure filing category. | 17 | | (B) The fee shall be $250 if: | 18 | | (i) the plaintiff, together with its | 19 | | affiliates, has filed a sufficient number of | 20 | | foreclosure complaints so as to be included in the | 21 | | second tier foreclosure filing category and is | 22 | | filing the complaint on its own behalf as
the | 23 | | holder of the indebtedness; or | 24 | | (ii) the plaintiff, together with its | 25 | | affiliates, has filed a sufficient number of | 26 | | foreclosure complaints so as to be included in the |
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| 1 | | first or second tier foreclosure filing category | 2 | | and is filing the complaint on behalf
of a | 3 | | mortgagee that, together with its affiliates, has | 4 | | filed a sufficient
number of foreclosure | 5 | | complaints so as to be included in the second tier | 6 | | foreclosure filing category; or | 7 | | (iii) the plaintiff, together with its | 8 | | affiliates, has filed a sufficient
number of | 9 | | foreclosure complaints so as to be included in the | 10 | | second tier
foreclosure filing category and is | 11 | | filing the complaint on behalf of a
mortgagee that, | 12 | | together with its affiliates, has filed a | 13 | | sufficient
number of foreclosure complaints so as | 14 | | to be included in the first tier
foreclosure filing | 15 | | category; or | 16 | | (iv) the plaintiff is not a depository | 17 | | institution and is filing the complaint on behalf | 18 | | of a mortgagee that, together with its affiliates, | 19 | | has
filed a sufficient number of foreclosure | 20 | | complaints so as to be included in
the second tier | 21 | | foreclosure filing category. | 22 | | (C) The fee shall be $50 if: | 23 | | (i) the plaintiff, together with its | 24 | | affiliates, has filed a sufficient number of | 25 | | foreclosure complaints so as to be included in the | 26 | | third tier foreclosure filing category and is |
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| 1 | | filing the complaint on its own behalf as
the | 2 | | holder of the indebtedness; or | 3 | | (ii) the plaintiff, together with its | 4 | | affiliates, has filed a sufficient number of | 5 | | foreclosure complaints so as to be included in the | 6 | | first, second, or third tier foreclosure filing | 7 | | category and is filing the complaint on
behalf of a | 8 | | mortgagee that, together with its affiliates, has | 9 | | filed a sufficient
number of foreclosure | 10 | | complaints so as to be included in the third tier | 11 | | foreclosure filing category; or | 12 | | (iii) the plaintiff, together with its | 13 | | affiliates, has filed a sufficient
number of | 14 | | foreclosure complaints so as to be included in the | 15 | | third tier
foreclosure filing category and is | 16 | | filing the complaint on behalf of a
mortgagee that, | 17 | | together with its affiliates, has filed a | 18 | | sufficient
number of foreclosure complaints so as | 19 | | to be included in the first tier
foreclosure filing | 20 | | category; or | 21 | | (iv) 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 second tier
foreclosure | 3 | | filing category; or | 4 | | (v) the plaintiff is not a depository | 5 | | institution and is filing the complaint on behalf | 6 | | of a mortgagee that, together with its affiliates, | 7 | | has
filed a sufficient number of foreclosure | 8 | | complaints so as to be included in
the third tier | 9 | | foreclosure filing category. | 10 | | (2) The clerk shall remit the fee collected pursuant to | 11 | | paragraph (1) of this subsection (a-5) to the State | 12 | | Treasurer to be expended for the purposes set forth in | 13 | | Sections 7.30 and 7.31 of the Illinois Housing Development | 14 | | Act and for administrative expenses. All fees paid by | 15 | | plaintiffs to the clerk of the court as provided in | 16 | | paragraph (1) shall be disbursed within 60 days after | 17 | | receipt by the clerk of the court as follows: | 18 | | (A) 28% to the State Treasurer for deposit into the | 19 | | Foreclosure Prevention Program Graduated Fund; | 20 | | (B) 70% to the State Treasurer for deposit into the | 21 | | Abandoned Residential Property Municipality Relief | 22 | | Fund; and | 23 | | (C) 2% to the clerk of the court to be retained by | 24 | | the clerk for deposit into the Circuit Court Clerk | 25 | | Operation and Administrative Fund to defray | 26 | | administrative expenses related to implementation of |
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| 1 | | this subsection (a-5). | 2 | | (3) Until January 1, 2023 2020 , with respect to | 3 | | residential real estate, at the time of the filing of a | 4 | | foreclosure complaint, the plaintiff or plaintiff's | 5 | | representative shall file a verified statement that states | 6 | | which additional fee is due under paragraph (1) of this | 7 | | subsection (a-5), unless the court has established another | 8 | | process for a plaintiff or plaintiff's representative to | 9 | | certify which additional fee is due under paragraph (1) of | 10 | | this subsection (a-5). | 11 | | (4) If a plaintiff fails to provide the clerk of the | 12 | | court with a true and correct statement of the additional | 13 | | fee due under paragraph (1) of this subsection (a-5), and | 14 | | the mortgagor reimburses the plaintiff for any erroneous | 15 | | additional fee that was paid by the plaintiff to the clerk | 16 | | of the court, the mortgagor may seek a refund of any | 17 | | overpayment of the fee in an amount that shall not exceed | 18 | | the difference between the higher additional fee paid under | 19 | | paragraph (1) of this subsection (a-5) and the actual fee | 20 | | due thereunder. The mortgagor must petition the judge | 21 | | within the foreclosure action for the award of any fee | 22 | | overpayment pursuant to this paragraph (4) of this | 23 | | subsection (a-5), and the award shall be determined by the | 24 | | judge and paid by the clerk of the court out of the fund | 25 | | account into which the clerk of the court deposits fees to | 26 | | be remitted to the State Treasurer under paragraph (2) of |
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| 1 | | this subsection (a-5), the timing of which refund payment | 2 | | shall be determined by the clerk of the court based upon | 3 | | the availability of funds in the subject fund account. This | 4 | | refund shall be the mortgagor's sole remedy and a mortgagor | 5 | | shall have no private right of action against the plaintiff | 6 | | or plaintiff's representatives if the additional fee paid | 7 | | by the plaintiff was erroneous. | 8 | | (5) This subsection (a-5) is inoperative on and after | 9 | | January 1, 2023 2020 . | 10 | | (b) 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 pursuant | 13 | | to this Section during the preceding year.
| 14 | | (c) As used in this Section: | 15 | | "Affiliate" means any company that controls, is controlled | 16 | | by, or is under common control with another company. | 17 | | "Approved counseling agency" and "approved housing | 18 | | counseling" have the meanings ascribed to those terms in | 19 | | Section 7.30 of the Illinois Housing Development Act. | 20 | | "Depository institution" means a bank, savings bank, | 21 | | savings and loan association, or credit union chartered, | 22 | | organized, or holding a certificate of authority to do business | 23 | | under the laws of this State, another state, or the United | 24 | | States. | 25 | | "First tier foreclosure filing category" is a | 26 | | classification that only applies to a plaintiff that has filed |
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| 1 | | 175 or more foreclosure complaints on residential real estate | 2 | | located in Illinois during the calendar year immediately | 3 | | preceding the date of the filing of the subject foreclosure | 4 | | complaint. | 5 | | "Second tier foreclosure filing category" is a | 6 | | classification that only applies to a plaintiff that has filed | 7 | | at least 50, but no more than 174, foreclosure complaints on | 8 | | residential real estate located in Illinois during the calendar | 9 | | year immediately preceding the date of the filing of the | 10 | | subject foreclosure complaint. | 11 | | "Third tier foreclosure filing category" is a | 12 | | classification that only applies to a plaintiff that has filed | 13 | | no more than 49 foreclosure complaints on residential real | 14 | | estate located in Illinois during the calendar year immediately | 15 | | preceding the date of the filing of the subject foreclosure | 16 | | complaint. | 17 | | (d) In no instance shall the fee set forth in subsection | 18 | | (a-5) be assessed for any foreclosure complaint filed before | 19 | | the effective date of this amendatory Act of the 97th General | 20 | | Assembly. | 21 | | (e) Notwithstanding any other law to the contrary, the | 22 | | Abandoned Residential Property Municipality Relief Fund is not | 23 | | subject to sweeps, administrative charge-backs, or any other | 24 | | fiscal maneuver that would in any way transfer any amounts from | 25 | | the Abandoned Residential Property Municipality Relief Fund | 26 | | into any other fund of the State. |
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| 1 | | (Source: P.A. 100-407, eff. 8-25-17.) | 2 | | (735 ILCS 5/15-1507.1) | 3 | | Sec. 15-1507.1. Judicial sale fee for Abandoned | 4 | | Residential Property Municipality Relief Fund. | 5 | | (a) Upon and at the sale of residential real estate under | 6 | | Section 15-1507, the purchaser shall pay to the person | 7 | | conducting the sale pursuant to Section 15-1507 a fee for | 8 | | deposit into the Abandoned Residential Property Municipality | 9 | | Relief Fund, a special
fund created in the State treasury. The | 10 | | fee shall be calculated at the rate of $1 for each $1,000 or | 11 | | fraction thereof of the amount paid by the purchaser to the | 12 | | person conducting the sale, as reflected in the receipt of sale | 13 | | issued to the purchaser, provided that in no event shall the | 14 | | fee exceed $300. No fee shall be paid by the mortgagee | 15 | | acquiring the residential real estate pursuant to its credit | 16 | | bid at the sale or by any mortgagee, judgment creditor, or | 17 | | other lienor acquiring the residential real estate whose rights | 18 | | in and to the residential real estate arose prior to the sale. | 19 | | Upon confirmation of the sale under Section 15-1508, the person | 20 | | conducting the sale shall remit the fee to the clerk of the | 21 | | court in which the foreclosure case is pending. The clerk shall | 22 | | remit the fee to the State Treasurer as provided in this | 23 | | Section, to be expended for the purposes set forth in Section | 24 | | 7.31 of the Illinois Housing Development Act. | 25 | | (b) All fees paid by purchasers as provided in this Section |
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| 1 | | shall be disbursed within 60 days after receipt by the clerk of | 2 | | the court as follows: (i) 98% to the State Treasurer for | 3 | | deposit into the Abandoned Residential Property Municipality | 4 | | Relief Fund, and (ii) 2% to the clerk of the court to be | 5 | | retained by the clerk for deposit into the Circuit Court Clerk | 6 | | Operation and Administrative Fund to defray administrative | 7 | | expenses related to implementation of this Section. | 8 | | (c) Not later than March 1 of each year, the clerk of the | 9 | | court shall submit to the Illinois Housing Development | 10 | | Authority a report of the funds collected and remitted during | 11 | | the preceding year pursuant to this Section. | 12 | | (d) Subsections (a) and (b) of this Section are operative | 13 | | and shall become inoperative on January 1, 2023 2017 . This | 14 | | Section is repealed on March 2, 2023 2017 . | 15 | | (e) All actions taken in the collection and remittance of | 16 | | fees under this Section before the effective date of this | 17 | | amendatory Act of the 101st General Assembly are ratified, | 18 | | validated, and confirmed.
| 19 | | (Source: P.A. 98-20, eff. 6-11-13; 99-493, eff. 12-17-15.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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