Illinois General Assembly - Bill Status for SB 2432

Amends the Code of Civil Procedure. Provides that a summons that otherwise complies with Supreme Court Rules and is properly served is not invalidated and the court's jurisdiction is not affected by an error in format. Provides that a summons is not defective if the named defendant is listed on a document attached to the summons. Provides that the changes to the Code of Civil Procedure are declarative of existing law set forth by the Illinois Supreme Court in Fleshner v. Copeland, 13 Ill.2d 72 (1958). Amends the Mortgage Rescue Fraud Act. Provides that it is a violation for a distressed property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed property consultant derived from litigation related to the foreclosure. Effective immediately.

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that the court's jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served. Provides that a petition to reopen a foreclosure proceeding must include as parties to the petition, but is not limited to, all parties in the original action in addition to the current record title holders of the property, current occupants, and any individual or entity that had a recorded interest in the property before the filing of the petition. Provides that when a petition is filed to reopen a foreclosure proceeding, the purchaser or successor purchaser of real property subject to a foreclosure sale who was not a party to the mortgage foreclosure proceedings is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than 6 months. Provides that actions for the recovery of real property following a foreclosure shall be brought within 2 years after possession is taken. Provides that every person in the actual possession of lands or tenements, under claim and color of title, as a purchaser following a foreclosure, and who for 2 successive years continues in possession, and also, during such time, pays all taxes legally assessed on the lands or tenements, shall be held and adjudged to be the legal owner of the lands or tenements, to the extent and according to the purport of his or her paper title. Amends the Mortgage Rescue Fraud Act. Provides that it is a violation for a distressed property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed property consultant derived from litigation related to the foreclosure. Adds language concerning applicability and severability. Effective immediately.

Date	Chamber	Action
8/23/2018	Senate	Public Act . . . . . . . . . 100-1048

Date	Chamber	Action
1/30/2018	Senate	Filed with Secretary by Sen. John G. Mulroe
1/30/2018	Senate	First Reading
1/30/2018	Senate	Referred to Assignments
2/7/2018	Senate	Assigned to Judiciary
2/13/2018	Senate	Added as Chief Co-Sponsor Sen. Jason A. Barickman
2/14/2018	Senate	Do Pass Judiciary; 009-000-000
2/14/2018	Senate	Placed on Calendar Order of 2nd Reading
2/20/2018	Senate	Second Reading
2/20/2018	Senate	Placed on Calendar Order of 3rd Reading February 21, 2018
2/28/2018	Senate	Added as Chief Co-Sponsor Sen. Michael Connelly
4/13/2018	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
4/13/2018	Senate	Senate Floor Amendment No. 1 Referred to Assignments
4/17/2018	Senate	Senate Floor Amendment No. 1 Assignments Refers to Judiciary
4/17/2018	Senate	Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 011-000-000
4/19/2018	Senate	Added as Co-Sponsor Sen. Neil Anderson
4/19/2018	Senate	Recalled to Second Reading
4/19/2018	Senate	Senate Floor Amendment No. 1 Adopted; Mulroe
4/19/2018	Senate	Placed on Calendar Order of 3rd Reading April 23, 2018
4/24/2018	Senate	Third Reading - Passed; 050-000-000
4/24/2018	House	Arrived in House
4/24/2018	House	Chief House Sponsor Rep. Robert Martwick
4/24/2018	House	First Reading
4/24/2018	House	Referred to Rules Committee
5/2/2018	House	Assigned to Judiciary - Civil Committee
5/9/2018	House	To Civil Procedure Subcommittee
5/16/2018	House	Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 001-002-000; -FAILED
5/16/2018	House	Remains in Judiciary - Civil Committee
5/22/2018	House	To Civil Procedure Subcommittee
5/24/2018	House	Recommends Do Pass Subcommittee/ Judiciary - Civil Committee; 003-000-000
5/24/2018	House	Reported Back To Judiciary - Civil Committee;
5/24/2018	House	Do Pass / Short Debate Judiciary - Civil Committee; 007-001-000
5/24/2018	House	Placed on Calendar 2nd Reading - Short Debate
5/24/2018	House	Second Reading - Short Debate
5/24/2018	House	Held on Calendar Order of Second Reading - Short Debate
5/25/2018	House	Final Action Deadline Extended-9(b) May 31, 2018
5/28/2018	House	Added Alternate Co-Sponsor Rep. Mary E. Flowers
5/28/2018	House	Housing Affordability Impact Note Requested by Rep. Andr� Thapedi
5/28/2018	House	Judicial Note Requested by Rep. Andr� Thapedi
5/29/2018	House	Judicial Note Filed
5/29/2018	House	Alternate Co-Sponsor Removed Rep. Mary E. Flowers
5/30/2018	House	Housing Affordability Impact Note Filed
5/30/2018	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/30/2018	House	Third Reading - Short Debate - Passed 099-012-001
5/30/2018	House	Motion Filed to Reconsider Vote Rep. Thaddeus Jones
5/30/2018	House	Motion to Reconsider Vote - Withdrawn Rep. Thaddeus Jones
5/30/2018	Senate	Passed Both Houses
6/28/2018	Senate	Sent to the Governor
8/23/2018	Senate	Governor Approved
8/23/2018	Senate	Effective Date August 23, 2018
8/23/2018	Senate	Public Act . . . . . . . . . 100-1048

	Adds reference to:
	735 ILCS 5/2-1401	from Ch. 110, par. 2-1401

	Judicial Note (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State of Illinois.

	Housing Affordability Impact Note (Housing Development Authority)
	This bill may have an effect on the cost of constructing, purchasing, owning, or selling a single-family residence but there is insufficient information to determine the fiscal effect.