Full Text of SB0718 100th General Assembly
SB0718 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0718 Introduced 1/30/2017, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
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Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that provisions concerning an additional fee paid by residential foreclosure plaintiffs is operative until January 1, 2020 (instead of January 1, 2018). Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 15-1504.1 as follows: | 6 | | (735 ILCS 5/15-1504.1) | 7 | | Sec. 15-1504.1. Filing fee for Foreclosure Prevention | 8 | | Program Fund, Foreclosure Prevention Program Graduated Fund, | 9 | | and Abandoned Residential Property Municipality Relief Fund. | 10 | | (a) Fee paid by all plaintiffs with respect to residential | 11 | | real estate. With respect to residential real estate, at the | 12 | | time of the filing of a foreclosure complaint, the plaintiff | 13 | | shall pay to the clerk of the court in which the foreclosure | 14 | | complaint is filed a fee of $50 for deposit into the | 15 | | Foreclosure Prevention Program Fund, a special
fund created in | 16 | | the State treasury. The clerk shall remit the fee collected | 17 | | pursuant to this subsection (a) to the State Treasurer to be | 18 | | expended for the purposes set forth in Section 7.30 of the | 19 | | Illinois Housing Development Act. All fees paid by plaintiffs | 20 | | to the clerk of the court as provided in this subsection (a) | 21 | | shall be disbursed within 60 days after receipt by the clerk of | 22 | | the court as follows: (i) 98% to the State Treasurer for | 23 | | deposit into the Foreclosure Prevention Program Fund, and (ii) |
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| 1 | | 2% to the clerk of the court to be retained by the clerk for | 2 | | deposit into the Circuit Court Clerk Operation and | 3 | | Administrative Fund to defray administrative expenses related | 4 | | to implementation of this subsection (a). Notwithstanding any | 5 | | other law to the contrary, the Foreclosure Prevention Program | 6 | | Fund is not subject to sweeps, administrative charge-backs, or | 7 | | any other fiscal maneuver that would in any way transfer any | 8 | | amounts from the Foreclosure Prevention Program Fund into any | 9 | | other fund of the State. | 10 | | (a-5) Additional fee paid by plaintiffs with respect to | 11 | | residential real estate. | 12 | | (1) Until January 1, 2020 2018 , with respect to | 13 | | residential real estate, at the time of the filing of a | 14 | | foreclosure complaint and in addition to the fee set forth | 15 | | in subsection (a) of this Section, the plaintiff shall pay | 16 | | to the clerk of the court in which the foreclosure | 17 | | complaint is filed a fee for the Foreclosure Prevention | 18 | | Program Graduated Fund and the Abandoned Residential | 19 | | Property Municipality Relief Fund as follows: | 20 | | (A) The fee shall be $500 if: | 21 | | (i) the plaintiff, together with its | 22 | | affiliates, has filed a sufficient
number of | 23 | | foreclosure complaints so as to be included in the | 24 | | first tier
foreclosure filing category and is | 25 | | filing the complaint on its own behalf as
the | 26 | | holder of the indebtedness; or |
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| 1 | | (ii) the plaintiff, together with its | 2 | | affiliates, has filed a sufficient
number of | 3 | | foreclosure complaints so as to be included in the | 4 | | first tier
foreclosure filing category and is | 5 | | filing the complaint on behalf of a
mortgagee that, | 6 | | together with its affiliates, has filed a | 7 | | sufficient
number of foreclosure complaints so as | 8 | | to be included in the first tier
foreclosure filing | 9 | | category; or | 10 | | (iii) the plaintiff is not a depository | 11 | | institution and is filing the complaint on behalf | 12 | | of a mortgagee that, together with its affiliates, | 13 | | has filed a sufficient number of foreclosure | 14 | | complaints so as to be
included in the first tier | 15 | | foreclosure filing category. | 16 | | (B) The fee shall be $250 if: | 17 | | (i) the plaintiff, together with its | 18 | | affiliates, has filed a sufficient number of | 19 | | foreclosure complaints so as to be included in the | 20 | | second tier foreclosure filing category and is | 21 | | filing the complaint on its own behalf as
the | 22 | | holder of the indebtedness; or | 23 | | (ii) the plaintiff, together with its | 24 | | affiliates, has filed a sufficient number of | 25 | | foreclosure complaints so as to be included in the | 26 | | first or second tier foreclosure filing category |
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| 1 | | and is filing the complaint on behalf
of a | 2 | | mortgagee that, together with its affiliates, has | 3 | | filed a sufficient
number of foreclosure | 4 | | complaints so as to be included in the second tier | 5 | | foreclosure filing category; or | 6 | | (iii) the plaintiff, together with its | 7 | | affiliates, has filed a sufficient
number of | 8 | | foreclosure complaints so as to be included in the | 9 | | second tier
foreclosure filing category and is | 10 | | filing the complaint on behalf of a
mortgagee that, | 11 | | together with its affiliates, has filed a | 12 | | sufficient
number of foreclosure complaints so as | 13 | | to be included in the first tier
foreclosure filing | 14 | | category; or | 15 | | (iv) the plaintiff is not a depository | 16 | | institution and is filing the complaint on behalf | 17 | | of a mortgagee that, together with its affiliates, | 18 | | has
filed a sufficient number of foreclosure | 19 | | complaints so as to be included in
the second tier | 20 | | foreclosure filing category. | 21 | | (C) The fee shall be $50 if: | 22 | | (i) the plaintiff, together with its | 23 | | affiliates, has filed a sufficient number of | 24 | | foreclosure complaints so as to be included in the | 25 | | third tier foreclosure filing category and is | 26 | | filing the complaint on its own behalf as
the |
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| 1 | | holder of the indebtedness; or | 2 | | (ii) the plaintiff, together with its | 3 | | affiliates, has filed a sufficient number of | 4 | | foreclosure complaints so as to be included in the | 5 | | first, second, or third tier foreclosure filing | 6 | | category and is filing the complaint on
behalf of a | 7 | | mortgagee that, together with its affiliates, has | 8 | | filed a sufficient
number of foreclosure | 9 | | complaints so as to be included in the third tier | 10 | | foreclosure filing category; or | 11 | | (iii) the plaintiff, together with its | 12 | | affiliates, has filed a sufficient
number of | 13 | | foreclosure complaints so as to be included in the | 14 | | third tier
foreclosure filing category and is | 15 | | filing the complaint on behalf of a
mortgagee that, | 16 | | together with its affiliates, has filed a | 17 | | sufficient
number of foreclosure complaints so as | 18 | | to be included in the first tier
foreclosure filing | 19 | | category; or | 20 | | (iv) the plaintiff, together with its | 21 | | affiliates, has filed a sufficient
number of | 22 | | foreclosure complaints so as to be included in the | 23 | | third tier
foreclosure filing category and is | 24 | | filing the complaint on behalf of a
mortgagee that, | 25 | | together with its affiliates, has filed a | 26 | | sufficient
number of foreclosure complaints so as |
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| 1 | | to be included in the second tier
foreclosure | 2 | | filing category; or | 3 | | (v) the plaintiff is not a depository | 4 | | institution and is filing the complaint on behalf | 5 | | of a mortgagee that, together with its affiliates, | 6 | | has
filed a sufficient number of foreclosure | 7 | | complaints so as to be included in
the third tier | 8 | | foreclosure filing category. | 9 | | (2) The clerk shall remit the fee collected pursuant to | 10 | | paragraph (1) of this subsection (a-5) to the State | 11 | | Treasurer to be expended for the purposes set forth in | 12 | | Sections 7.30 and 7.31 of the Illinois Housing Development | 13 | | Act and for administrative expenses. All fees paid by | 14 | | plaintiffs to the clerk of the court as provided in | 15 | | paragraph (1) shall be disbursed within 60 days after | 16 | | receipt by the clerk of the court as follows: | 17 | | (A) 28% to the State Treasurer for deposit into the | 18 | | Foreclosure Prevention Program Graduated Fund; | 19 | | (B) 70% to the State Treasurer for deposit into the | 20 | | Abandoned Residential Property Municipality Relief | 21 | | Fund; and | 22 | | (C) 2% to the clerk of the court to be retained by | 23 | | the clerk for deposit into the Circuit Court Clerk | 24 | | Operation and Administrative Fund to defray | 25 | | administrative expenses related to implementation of | 26 | | this subsection (a-5). |
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| 1 | | (3) Until January 1, 2020 2018 , with respect to | 2 | | residential real estate, at the time of the filing of a | 3 | | foreclosure complaint, the plaintiff or plaintiff's | 4 | | representative shall file a verified statement that states | 5 | | which additional fee is due under paragraph (1) of this | 6 | | subsection (a-5), unless the court has established another | 7 | | process for a plaintiff or plaintiff's representative to | 8 | | certify which additional fee is due under paragraph (1) of | 9 | | this subsection (a-5). | 10 | | (4) If a plaintiff fails to provide the clerk of the | 11 | | court with a true and correct statement of the additional | 12 | | fee due under paragraph (1) of this subsection (a-5), and | 13 | | the mortgagor reimburses the plaintiff for any erroneous | 14 | | additional fee that was paid by the plaintiff to the clerk | 15 | | of the court, the mortgagor may seek a refund of any | 16 | | overpayment of the fee in an amount that shall not exceed | 17 | | the difference between the higher additional fee paid under | 18 | | paragraph (1) of this subsection (a-5) and the actual fee | 19 | | due thereunder. The mortgagor must petition the judge | 20 | | within the foreclosure action for the award of any fee | 21 | | overpayment pursuant to this paragraph (4) of this | 22 | | subsection (a-5), and the award shall be determined by the | 23 | | judge and paid by the clerk of the court out of the fund | 24 | | account into which the clerk of the court deposits fees to | 25 | | be remitted to the State Treasurer under paragraph (2) of | 26 | | this subsection (a-5), the timing of which refund payment |
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| 1 | | shall be determined by the clerk of the court based upon | 2 | | the availability of funds in the subject fund account. This | 3 | | refund shall be the mortgagor's sole remedy and a mortgagor | 4 | | shall have no private right of action against the plaintiff | 5 | | or plaintiff's representatives if the additional fee paid | 6 | | by the plaintiff was erroneous. | 7 | | (5) This subsection (a-5) is inoperative on and after | 8 | | January 1, 2020 2018 . | 9 | | (b) Not later than March 1 of each year, the clerk of the | 10 | | court shall submit to the Illinois Housing Development | 11 | | Authority a report of the funds collected and remitted pursuant | 12 | | to this Section during the preceding year.
| 13 | | (c) As used in this Section: | 14 | | "Affiliate" means any company that controls, is controlled | 15 | | by, or is under common control with another company. | 16 | | "Approved counseling agency" and "approved housing | 17 | | counseling" have the meanings ascribed to those terms in | 18 | | Section 7.30 of the Illinois Housing Development Act. | 19 | | "Depository institution" means a bank, savings bank, | 20 | | savings and loan association, or credit union chartered, | 21 | | organized, or holding a certificate of authority to do business | 22 | | under the laws of this State, another state, or the United | 23 | | States. | 24 | | "First tier foreclosure filing category" is a | 25 | | classification that only applies to a plaintiff that has filed | 26 | | 175 or more foreclosure complaints on residential real estate |
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| 1 | | located in Illinois during the calendar year immediately | 2 | | preceding the date of the filing of the subject foreclosure | 3 | | complaint. | 4 | | "Second tier foreclosure filing category" is a | 5 | | classification that only applies to a plaintiff that has filed | 6 | | at least 50, but no more than 174, foreclosure complaints on | 7 | | residential real estate located in Illinois during the calendar | 8 | | year immediately preceding the date of the filing of the | 9 | | subject foreclosure complaint. | 10 | | "Third tier foreclosure filing category" is a | 11 | | classification that only applies to a plaintiff that has filed | 12 | | no more than 49 foreclosure complaints on residential real | 13 | | estate located in Illinois during the calendar year immediately | 14 | | preceding the date of the filing of the subject foreclosure | 15 | | complaint. | 16 | | (d) In no instance shall the fee set forth in subsection | 17 | | (a-5) be assessed for any foreclosure complaint filed before | 18 | | the effective date of this amendatory Act of the 97th General | 19 | | Assembly. | 20 | | (e) Notwithstanding any other law to the contrary, the | 21 | | Abandoned Residential Property Municipality Relief Fund is not | 22 | | subject to sweeps, administrative charge-backs, or any other | 23 | | fiscal maneuver that would in any way transfer any amounts from | 24 | | the Abandoned Residential Property Municipality Relief Fund | 25 | | into any other fund of the State. | 26 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1164, eff. 6-1-13; |
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| 1 | | 98-20, eff. 6-11-13.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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