Rep. Lou Lang
Filed: 3/6/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 46




2    AMENDMENT NO. ______. Amend House Bill 46 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Code of Civil Procedure is amended  by 
5changing Section 15-1505.8 as follows:
 
6    (735 ILCS 5/15-1505.8)
7    Sec. 15-1505.8. Expedited judgment and sale procedure for 
8abandoned residential property.
9    (a) Upon motion and notice, the mortgagee may elect to 
10utilize the expedited judgment and sale procedure for abandoned 
11residential property stated in this Section to obtain a 
12judgment of foreclosure pursuant to Section 15-1506. The motion 
13to expedite the judgment and sale may be combined with or made 
14part of the motion requesting a judgment of foreclosure. The 
15notice of the motion to expedite the judgment and sale shall be 
16sent by first-class mail to the last known address of the 
 
 
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1mortgagor, and the notice required by paragraph (1) of 
2subsection (l) of this Section shall be posted at the property 
3address.
4    (b) The motion requesting an expedited judgment of 
5foreclosure and sale may be filed by the mortgagee at the time 
6the foreclosure complaint is filed or any time thereafter, and 
7shall set forth the facts demonstrating that the mortgaged real 
8estate is abandoned residential real estate under Section 
915-1200.5 and shall be supported by affidavit.
10    (c) If a motion for an expedited judgment and sale is filed 
11at the time the foreclosure complaint is filed or before the 
12period to answer the foreclosure complaint has expired, the 
13motion shall be heard by the court no earlier than before the 
14period to answer the foreclosure complaint has expired and no 
15later than 21 days after the period to answer the foreclosure 
16complaint has expired.
17    (d) If a motion for an expedited judgment and sale is filed 
18after the period to answer the foreclosure complaint has 
19expired, the motion shall be heard no later than 21 days after 
20the motion is filed.
21    (e) The hearing shall be given priority by the court and 
22shall be scheduled to be heard within the applicable time 
23period set forth in subsection (c) or (d) of this Section.
24    (f) Subject to subsection (g), at the hearing on the motion 
25requesting an expedited judgment and sale, if the court finds 
26that the mortgaged real estate is abandoned residential 
 
 
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1property, the court shall grant the motion and immediately 
2proceed to a trial of the foreclosure. A judgment of 
3foreclosure under this Section shall include the matters 
4identified in Section 15-1506.
5    (g) The court may not grant the motion requesting an 
6expedited judgment and sale if the mortgagor, an unknown owner, 
7or a lawful occupant  appears in the action in any manner before 
8or at the hearing and objects to a finding of abandonment.
9    (h) The court shall vacate an order issued pursuant to 
10subsection (f) of this Section if the mortgagor or a lawful 
11occupant appears in the action at any time prior to the court 
12issuing an order confirming the sale pursuant to subsection 
13(b-3) of Section 15-1508 and presents evidence establishing to 
14the satisfaction of the court that the mortgagor or lawful 
15occupant has not abandoned the mortgaged real estate.
16    (i) The reinstatement period and redemption period for the 
17abandoned residential property shall end in accordance with 
18paragraph (4) of subsection (b)  of Section 15-1603, and the 
19abandoned residential property shall be sold at the earliest 
20practicable time at a sale as provided in this Article.
21    (j) The mortgagee or its agent may enter, secure, and 
22maintain abandoned residential property subject to subsection 
23(e-5) of Section 21-3 of the Criminal Code of 2012; however, 
24the mortgagee or its agent may not use plywood to secure 
25abandoned residential property. The changes to this Section by 
26this amendatory Act of the 100th General Assembly apply to the 
 
 
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1securing of abandoned residential property that takes place 
2after the effective date of this amendatory Act of the 100th 
3General Assembly.
4    (k) Personal property.
5        (1) Upon confirmation of the sale held pursuant to 
6    Section 15-1507, any personal property remaining in or upon 
7    the abandoned residential property shall be deemed to have 
8    been abandoned by the owner of such personal property and 
9    may be disposed of or donated by the holder of the 
10    certificate of sale (or, if none, by the purchaser at the 
11    sale). In the event of donation of any such personal 
12    property, the holder of the certificate of sale (or, if 
13    none, the purchaser at the sale) may transfer such donated 
14    property with a bill of sale. No mortgagee or its 
15    successors or assigns, holder of a certificate of sale, or 
16    purchaser at the sale shall be liable for any such disposal 
17    or donation of personal property.
18        (2)  Notwithstanding paragraph (1) of this subsection 
19    (k), in the event a lawful occupant is in possession of the 
20    mortgaged real estate who has not been made a party to the 
21    foreclosure and had his or her interests terminated 
22    therein, any personal property of the lawful occupant shall 
23    not be deemed to have been abandoned, nor shall the rights 
24    of the lawful occupant to any personal property be 
25    affected. 
26    (l)  Notices to be posted at property address.
 
 
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1        (1)  The notice set out in this paragraph (1) of this  
2    subsection (l) shall be conspicuously posted at the 
3    property address at least 14 days before the hearing on the 
4    motion requesting an expedited judgment and sale and shall 
5    be in boldface, in at least 12 point type, and in 
6    substantially the following form: 
 
7
"NOTICE TO ANY TENANT
OR OTHER LAWFUL 
8
OCCUPANT OF THIS PROPERTY 

 
9A lawsuit has been filed to foreclose on this property, and the 
10party asking to foreclose on this property has asked a judge to 
11find that THIS PROPERTY IS ABANDONED. 
 
12The judge will be holding a hearing to decide whether this 
13property is ABANDONED. 
 
14IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY 
15CHOOSE TO GO TO THIS HEARING and explain to the judge how you 
16are a lawful occupant of this property. 
 
17If the judge is satisfied that you are a LAWFUL OCCUPANT of 
18this property, the court will find that this property is NOT 
19ABANDONED. 
 
20This hearing will be held in the courthouse at the following 
 
 
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1address, date, and time: 
 
2Court name:.................................................. 
3Court address:............................................... 
4Court room number where hearing will be held:................ 
5(There should be a person in this room called a CLERK who can 
6help you.  Make sure you know THIS PROPERTY'S ADDRESS.) 
7Date of hearing:............................................. 
8Time of hearing:............................................. 
 
9
MORE INFORMATION 

 
10Name of lawsuit:............................................. 
11Number of lawsuit:........................................... 
12Address of this property:.................................... 
 
13
IMPORTANT 

 
14This is NOT a notice to vacate the premises.  You may wish to 
15contact a lawyer or your local legal aid or housing counseling 
16agency to discuss any rights that you may have. 
 
17
WARNING 

 
18INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME 
19STATED IN THIS NOTICE IS A CLASS  B MISDEMEANOR, PUNISHABLE BY 
 
 
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1UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS 
2LAW.  720 ILCS 5/21-3(a). 
 
3
NO TRESPASSING 

 
4KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A 
5CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A 
6FINE OF UP TO $1500, UNDER ILLINOIS LAW.  720 ILCS 5/21-3(a).". 
7        (2)  The notice set out in this paragraph (2) of this 
8    subsection (l)  shall be conspicuously posted at the 
9    property address at least 14 days before the hearing to 
10    confirm the sale of the abandoned residential property and  
11    shall 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 

 
15A lawsuit has been filed to foreclose on this property, and the 
16judge has found that THIS PROPERTY IS ABANDONED.  As a result, 
17THIS PROPERTY HAS BEEN OR WILL BE SOLD. 
 
18HOWEVER, there still must be a hearing for the judge to approve 
19the sale.  The judge will NOT APPROVE this sale if the judge 
20finds that any person lawfully occupies any part of this 
21property. 
 
 
 
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1IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY 
2CHOOSE TO GO TO THIS HEARING and explain to the judge how you 
3are a lawful occupant of this property.  You also may appear 
4BEFORE this hearing and explain to the judge how you are a 
5lawful occupant of this property. 
 
6If the judge is satisfied that you are a LAWFUL OCCUPANT of 
7this property, the court will find that this property is NOT 
8ABANDONED, and there will be no sale of the property at this 
9time. 
 
10This hearing will be held in the courthouse at the following 
11address, date, and time: 
 
12Court name:.................................................. 
13Court address:............................................... 
14Court room number where hearing will be held:................ 
15(There should be a person in this room called a CLERK who can 
16help you.  Make sure you know THIS PROPERTY'S ADDRESS.) 
17Date of hearing:............................................. 
18Time of hearing:............................................. 
 
19
MORE INFORMATION 

 
20Name of lawsuit:............................................. 
 
 
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1Number of lawsuit:........................................... 
2Address of this property:.................................... 
 
3
IMPORTANT 

 
4This is NOT a notice to vacate the premises.  You may wish to 
5contact a lawyer or your local legal aid or housing counseling 
6agency to discuss any rights that you may have. 
 
7
WARNING 

 
8INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME 
9STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY 
10UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS 
11LAW.  720 ILCS 5/21-3(a). 
 
12
NO TRESPASSING 

 
13KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A 
14CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A 
15FINE OF UP TO $1500, UNDER ILLINOIS LAW.  720 ILCS 5/21-3(a)." 

16(Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.)".