Illinois General Assembly - Bill Status for SB1674

Amends the Illinois Housing Development Act. Adds a cross reference to the Code of Civil Procedure in a Section concerning the Abandoned Residential Property Municipality Relief Program. Amends the Code of Civil Procedure. Provides that 2% of certain fees collected shall be retained by the clerk of court for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses. Replaces provisions concerning the imposition of additional fees with language providing that until January 1, 2018, with respect to residential real estate, at the time of the filing of a foreclosure complaint, the plaintiff or plaintiff's representative shall: file a statement that states which additional fee is due; or comply with other process established by the court for a plaintiff to certify which additional fee is due. Provides that if a plaintiff fails to provide the clerk of the court with a true and correct statement of the additional fee due, and the mortgagor reimburses the plaintiff for any erroneous additional fee that was paid by the plaintiff to the clerk of the court, the mortgagor may seek a refund of any overpayment of the fee in an amount that does not exceed the difference between the higher additional fee paid and the actual fee due. Provides that the mortgagor must petition the judge in the foreclosure action for the award of any fee overpayment, and the award shall be determined by the judge and paid by the clerk of the court out of the Circuit Court Clerk Operation and Administrative Fund. Provides that the refund is the mortgagor's sole remedy and a mortgagor has no private right of action against the plaintiff or plaintiff's representatives if the additional fee paid by the plaintiff is erroneous. Provides that certain motions for an expedited judgment and sale shall be heard by the court no later than 21 (instead of 15) days after the period to answer the foreclosure complaint has expired, or, if a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, no later than 21 (instead of 15) days after the motion is filed. Effective June 1, 2013.

Replaces language concerning the plaintiff's statement with language providing that the plaintiff shall file a verified statement that states which additional fee is due under certain provisions, unless the court has established another process for a plaintiff or plaintiff's representative to certify which additional fee is due. Replaces a reference to the Circuit Court Clerk Operation and Administrative Fund with a reference to the fund account into which the clerk of the court deposits fees to be remitted to the State Treasurer under provisions concerning the collection and disposition of certain fees, the timing of which refund payment shall be determined by the clerk of the court based upon the availability of funds in the subject fund account.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: Further amends the Illinois Housing Development Act. In provisions concerning the Foreclosure Prevention Program and the Abandoned Residential Property Municipality Relief Program provides that subject to appropriation and the annual receipt of funds (rather than subject to appropriation) that the Authority shall make grants from (i) the Foreclosure Prevention Program Fund and (ii) the Foreclosure Prevention Program Graduated Fund derived from fees paid as specified in certain provisions of the Code of Civil Procedure. Provides that (a) certain funding percentages established under the Act shall be calculated after deduction of reimbursable administrative expenses incurred by the Authority, but shall not be greater than 4% of the annual appropriated amount and (b) where the jurisdiction of an approved counseling agency is included within more than one of the specified geographic areas, the Authority may elect to fully fund the applicant from one of the relevant geographic areas. As to the Abandoned Residential Property Municipality Relief Program, provides that specified grants distributed to the municipalities and counties shall be based on (1) areas of greatest need within these counties, which shall be determined, to the extent practicable, proportionately on the amount of fees paid to the respective clerks of the courts within these counties, and (2) on any other factors that the Authority deems appropriate. Further amends the Code of Civil Procedure. Provides that until January 1, 2018 with respect to residential real estate, the plaintiff shall pay to the clerk of the court in which the foreclosure complaint is filed a fee for the Foreclosure Prevention Program Graduated Fund (rather than the Foreclosure Prevention Program Fund) and the Abandoned Residential Property Municipality Relief Fund as specified. Amends the State Finance Act by creating the Foreclosure Prevention Program Graduated Fund. Effective June 1, 2013.

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