Full Text of HB1810 97th General Assembly
HB1810eng 97TH 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 Section 15-1512 and by adding Section 15-1510.5 as | 6 | | follows: | 7 | | (735 ILCS 5/15-1510.5 new) | 8 | | Sec. 15-1510.5. Mortgage Foreclosure Prevention Fee. | 9 | | (a) Definitions. | 10 | | "Civil legal services provider" means a not-for-profit | 11 | | corporation that (1) employs one or more attorneys who are | 12 | | licensed to practice law in the State of Illinois and who | 13 | | directly provide civil legal services or (2) is established | 14 | | for the purpose of providing civil legal services by an | 15 | | organized panel of pro bono attorneys. | 16 | | "Community-based outreach" means in-person contact | 17 | | with mortgagors in foreclosure intended to inform such | 18 | | mortgagors about the foreclosure process and the | 19 | | mortgagors' rights and options for assistance in the | 20 | | process, including the availability of mortgage | 21 | | foreclosure housing counseling and mortgage foreclosure | 22 | | legal services. | 23 | | "Comprehensive court-sponsored foreclosure mediation |
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| 1 | | programs" means programs, administered at least in part by | 2 | | an Illinois Circuit Court, that offer mediation in actions | 3 | | for foreclosure. Programs shall provide mortgagors access | 4 | | to housing counseling and legal services and include | 5 | | community-based outreach. | 6 | | "Governmental agency" means any State, county, or | 7 | | local government body in Illinois, and any agency or | 8 | | instrumentality thereof, corporate or otherwise. | 9 | | "HUD-approved housing counseling agency" means a | 10 | | mortgage foreclosure housing counseling agency that is | 11 | | approved by the United States Department of Housing and | 12 | | Urban Development, or any successor agency. | 13 | | "Mortgage foreclosure housing counseling" means | 14 | | housing counseling provided by a mortgage foreclosure | 15 | | counselor that works for a HUD-approved housing counseling | 16 | | agency. | 17 | | "Mortgage foreclosure legal services" means legal | 18 | | services to mortgagors with an interest in a property | 19 | | subject to a mortgage foreclosure proceeding under Article | 20 | | XV of the Code of Civil Procedure provided by a civil legal | 21 | | service attorney that works for a civil legal services | 22 | | provider. | 23 | | "Mortgage Foreclosure Prevention Fund" means a special | 24 | | fund used expressly to support mortgage foreclosure | 25 | | prevention programs. | 26 | | (b) There shall be a $500 Mortgage Foreclosure Prevention |
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| 1 | | Fee collected from the proceeds resulting from a judicial sale | 2 | | of residential real estate conducted pursuant to a foreclosure | 3 | | judgment under this Article. The fee shall be remitted to the | 4 | | Department of Revenue by the purchaser at the time of sale and | 5 | | the Department shall deposit these amounts into the Mortgage | 6 | | Foreclosure Prevention Fund. Amounts in the Fund may be | 7 | | expended only for eligible activities described in this | 8 | | Section. | 9 | | Eligible foreclosure mitigation activities are mortgage | 10 | | foreclosure housing counseling, mortgage foreclosure legal | 11 | | services, community-based outreach, and administration of | 12 | | comprehensive court-sponsored foreclosure mediation programs. | 13 | | Eligible entities are HUD-approved housing counseling | 14 | | agencies, civil legal services providers, not-for-profit | 15 | | corporations, and governmental agencies. | 16 | | (c) All of the moneys in the Fund collected in counties | 17 | | with a population greater than 3,000,000 shall be used to make | 18 | | grants to eligible entities for eligible foreclosure | 19 | | mitigation activities to be carried out in coordination with | 20 | | comprehensive court-sponsored foreclosure mediation programs | 21 | | serving residents of the county in which the funds were | 22 | | collected. At least 75% of those moneys shall be used to make | 23 | | grants to eligible entities for mortgage foreclosure housing | 24 | | counseling or mortgage foreclosure legal services. | 25 | | (d) Moneys in the Fund collected in counties with a | 26 | | population less than 3,000,000 shall be used to make grants to |
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| 1 | | eligible entities for eligible foreclosure mitigation | 2 | | activities serving residents of the county in which the funds | 3 | | were collected. At least 75% of those moneys shall be used to | 4 | | make grants to eligible entities for mortgage foreclosure | 5 | | housing counseling or mortgage foreclosure legal services. | 6 | | (e) All grants shall be made by the Illinois Housing | 7 | | Development Authority (IHDA). IHDA may prescribe reasonable | 8 | | rules for the administration of this Section.
| 9 | | (735 ILCS 5/15-1512) (from Ch. 110, par. 15-1512)
| 10 | | Sec. 15-1512. Application of Proceeds of Sale and Surplus. | 11 | | The proceeds
resulting from a sale of real estate under this | 12 | | Article shall be applied
in the following order:
| 13 | | (a) the reasonable expenses of sale;
| 14 | | (b) the reasonable expenses of securing possession before | 15 | | sale, holding,
maintaining, and preparing the real estate for | 16 | | sale, including payment of
taxes and other governmental | 17 | | charges, premiums on hazard and liability
insurance, | 18 | | receiver's and management fees, the Mortgage Foreclosure | 19 | | Prevention Fee, and, to the extent provided
for in the mortgage
| 20 | | or other recorded agreement and not prohibited by law, | 21 | | reasonable
attorneys' fees, payments made pursuant to Section | 22 | | 15-1505 and other legal
expenses incurred by the mortgagee;
| 23 | | (c) if the sale was pursuant to judicial foreclosure, | 24 | | satisfaction of
claims in the order of priority adjudicated in | 25 | | the judgment of foreclosure
or order confirming the sale; and
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| 1 | | (d) remittance of any surplus to be held by the person | 2 | | appointed by
the court to conduct the
sale until further order | 3 | | of the court. If there is a surplus, such person
conducting the | 4 | | sale shall send written notice to all parties to the
proceeding | 5 | | advising them of the amount of the surplus, and that the | 6 | | surplus
shall be held until a party obtains a court order for | 7 | | its distribution or
until, in the absence of an order, the | 8 | | surplus is forfeited to the State.
| 9 | | (Source: P.A. 86-974.)
| 10 | | Section 10. The State Finance Act is amended by adding | 11 | | Section 5.786 as follows: | 12 | | (30 ILCS 105/5.786 new) | 13 | | Sec. 5.786. The Mortgage Foreclosure Prevention Fund.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law. |
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