Bill Status of SB 2730   98th General Assembly

Short Description:  STRICT FORECLOSURE ACTIONS

Senate Sponsors
Sen. John G. Mulroe

House Sponsors
(Rep. Elaine Nekritz-Sam Yingling-Jay Hoffman)


Last Action  View All Actions

DateChamber Action
  8/26/2014SenatePublic Act . . . . . . . . . 98-1099

Statutes Amended In Order of Appearance
735 ILCS 5/15-1603.5 new

Synopsis As Introduced
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Defines "omitted subordinate interest". Provides that certain persons holding real estate encumbered by an omitted subordinate interest may file a strict foreclosure complaint consisting substantially of certain specified information. Provides that subject to the objection of the defendant, the court shall enter a judgment extinguishing the omitted subordinate interest by vesting absolute title to the mortgaged real estate in the plaintiff. Provides procedures by which a holder of an omitted subordinate interest may redeem the interest. Provides that a person whose omitted subordinate interest was not terminated by a prior foreclosure action does not have a right to file a strict foreclosure action. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the enacting clause, and makes the following changes: (1) specifies that the plaintiff may file a strict foreclosure complaint naming the person who has the omitted subordinate interest as the defendant; (2) provides that subject to the objection of the defendant, the court shall enter a judgment extinguishing the omitted subordinate interest (rather than "extinguishing the omitted subordinate interest by vesting absolute title to the mortgaged real estate in the plaintiff, free and clear of all claims and liens (except liens of the United States of America that cannot be foreclosed without judicial sale))"; (3) deletes language referring to whether good cause for an objection has been shown by the defendant; (4) provides that the amount required to redeem shall not include any costs or fees incurred by the plaintiff in the strict foreclosure case; (5) deletes language providing that upon payment of the redemption amount, title to the defendant shall be free and clear of all claims and liens (except liens of the United States of America that cannot be foreclosed without judicial sale); and (6) corrects typographical errors. Effective immediately.

House Floor Amendment No. 2
Provides that notwithstanding that the person's omitted subordinate interest in the real estate has been terminated, nothing in the new provisions shall be construed to extinguish or impair any claim of a person in the surplus proceeds of a sale after the confirmation of the sale of the real estate for which the person had an omitted subordinate interest.

Actions 
DateChamber Action
  1/28/2014SenateFiled with Secretary by Sen. John G. Mulroe
  1/28/2014SenateFirst Reading
  1/28/2014SenateReferred to Assignments
  2/11/2014SenateAssigned to Judiciary
  2/19/2014SenateDo Pass Judiciary; 012-000-000
  2/19/2014SenatePlaced on Calendar Order of 2nd Reading February 20, 2014
  2/20/2014SenateSecond Reading
  2/20/2014SenatePlaced on Calendar Order of 3rd Reading February 25, 2014
  3/4/2014SenateThird Reading - Passed; 051-000-000
  3/4/2014HouseArrived in House
  3/10/2014HouseChief House Sponsor Rep. Elaine Nekritz
  3/19/2014HouseFirst Reading
  3/19/2014HouseReferred to Rules Committee
  4/23/2014HouseAssigned to Judiciary
  4/24/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  4/24/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/28/2014HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary
  4/29/2014HouseAdded Alternate Chief Co-Sponsor Rep. Sam Yingling
  4/30/2014HouseHouse Committee Amendment No. 1 Adopted in Judiciary; by Voice Vote
  4/30/2014HouseDo Pass as Amended / Short Debate Judiciary; 015-000-000
  4/30/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/13/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  5/13/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/14/2014HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary
  5/21/2014HouseAdded Alternate Chief Co-Sponsor Rep. Jay Hoffman
  5/22/2014HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary; 016-000-000
  5/22/2014HouseSecond Reading - Short Debate
  5/22/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/28/2014HouseHouse Floor Amendment No. 2 Adopted
  5/28/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/29/2014HouseThird Reading - Short Debate - Passed 113-000-002
  5/29/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/29/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 30, 2014
  5/29/2014SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John G. Mulroe
  5/29/2014SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/29/2014SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. John G. Mulroe
  5/29/2014SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/30/2014SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
  5/30/2014SenateHouse Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
  5/30/2014SenateHouse Committee Amendment No. 1 Senate Concurs 057-000-000
  5/30/2014SenateHouse Floor Amendment No. 2 Senate Concurs 057-000-000
  5/30/2014SenatePassed Both Houses
  6/27/2014SenateSent to the Governor
  8/26/2014SenateGovernor Approved
  8/26/2014SenateEffective Date August 26, 2014
  8/26/2014SenatePublic Act . . . . . . . . . 98-1099

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