Bill Status of HB 838   95th General Assembly

Short Description:  CIVIL LAW-TECH

House Sponsors
Rep. Marlow H. Colvin-John A. Fritchey-Karen A. Yarbrough-Deborah L. Graham-Lou Lang, Esther Golar, William Davis, Arthur L. Turner, Annazette Collins, Luis Arroyo, Susana A Mendoza, Elizabeth Hernandez and Edward J. Acevedo

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
765 ILCS 205/0.01from Ch. 109, par. 0.01

Synopsis As Introduced
Amends the Plat Act. Makes a technical change in a Section concerning the short title.

House Amendment No. 1
Deletes reference to:
765 ILCS 5/15-1101
Adds reference to:
735 ILCS 5/15-1504from Ch. 110, par. 15-1504
735 ILCS 5/15-1504.5 new
735 ILCS 5/15-1505.5 new
735 ILCS 5/15-1510from Ch. 110, par. 15-1510

Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that a foreclosure complaint must specify the real party in interest (instead of the capacity in which the plaintiff brings the foreclosure action) and have attached to it a copy of the mortgage and note, but if they are unavailable, an affidavit shall be attached to the complaint that states information about all holders of the note and what attempts were made to obtain the note. Provides that in all foreclosure actions the plaintiff shall attach a notice to the complaint and summons stating the homeowner's rights concerning possession, ownership, reinstatement, redemption, and other matters. Provides a procedure for a mortgagor to make a demand for loan payoff information that includes payoff demand statement requirements and other matters. Provides that the court may award reasonable attorney's fees and costs to the prevailing party in a foreclosure action. Effective January 1, 2009.

House Amendment No. 3
Deletes reference to:
735 ILCS 5/15-1504

Replaces everything after the enacting clause with substantially similar provisions of the bill as amended but with changes that include the following: (1) Provides that in all foreclosure actions the plaintiff shall attach to the complaint and summons a Homeowner's Notice, in English and Spanish, concerning possession, ownership, reinstatement, redemption, surplus, workout options, financial and legal advice, and other matters. (2) Provides that the Spanish translation of the Homeowner's Notice shall be prepared by the Attorney General, posted on the website of the Attorney General, and used in a substantially similar form. (3) Provides for a mortgagee to provide a "pay off demand statement" to a mortgagor. (4) Provides that the court may award reasonable attorney's fees and costs to the defendant who prevails in a motion, including an affirmative defense or counterclaim, or in the foreclosure action; however, this does not abrogate contract terms in the mortgage or other written agreement that allow the mortgagee to pursue attorney's fees and costs. (5) Provides that a defendant who exercises a right to reinstatement or redemption shall not be considered a prevailing party for purposes of awarding attorney's fees. Effective January 1, 2009.

Actions 
DateChamber Action
  2/7/2007HouseFiled with the Clerk by Rep. Marlow H. Colvin
  2/7/2007HouseFirst Reading
  2/7/2007HouseReferred to Rules Committee
  2/15/2007HouseAssigned to Executive Committee
  3/23/2007HouseRule 19(a) / Re-referred to Rules Committee
  3/11/2008HouseAssigned to Judiciary I - Civil Law Committee
  3/11/2008HouseMotion to Suspend Rule 25 - Prevailed
  3/12/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
  3/12/2008HouseHouse Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/12/2008HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  3/12/2008HousePlaced on Calendar 2nd Reading - Short Debate
  3/13/2008HouseSecond Reading - Short Debate
  3/13/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  4/16/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Marlow H. Colvin
  4/16/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  4/16/2008HouseAdded Chief Co-Sponsor Rep. John A. Fritchey
  4/16/2008HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  4/16/2008HouseAdded Chief Co-Sponsor Rep. Deborah L. Graham
  4/16/2008HouseAdded Chief Co-Sponsor Rep. Lou Lang
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  5/1/2008HouseHouse Amendment No. 3 Filed with Clerk by Rep. Marlow H. Colvin
  5/1/2008HouseHouse Amendment No. 3 Referred to Rules Committee
  5/5/2008HouseHouse Amendment No. 3 Rules Refers to Judiciary I - Civil Law Committee
  5/7/2008HouseHouse Amendment No. 3 Recommends Be Adopted Judiciary I - Civil Law Committee; 012-001-000
  5/8/2008HouseAdded Co-Sponsor Rep. Esther Golar
  5/8/2008HouseAdded Co-Sponsor Rep. William Davis
  5/9/2008HouseFinal Action Deadline Extended-9(b) May 23, 2008
  5/13/2008HouseHouse Amendment No. 3 Adopted by Voice Vote
  5/13/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/28/2008HouseAdded Co-Sponsor Rep. Arthur L. Turner
  5/28/2008HouseAdded Co-Sponsor Rep. Annazette Collins
  5/28/2008HouseAdded Co-Sponsor Rep. Luis Arroyo
  5/28/2008HouseAdded Co-Sponsor Rep. Susana A Mendoza
  5/29/2008HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  5/29/2008HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  5/31/2008HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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