Full Text of HB6113 96th General Assembly
HB6113sam001 96TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 4/28/2010
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LRB096 16773 ASK 40761 a |
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| AMENDMENT TO HOUSE BILL 6113
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| AMENDMENT NO. ______. Amend House Bill 6113 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 15-1508 as follows: | 6 |
| (735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) | 7 |
| Sec. 15-1508. Report of Sale and Confirmation of Sale. | 8 |
| (a) Report. The person conducting the sale shall promptly | 9 |
| make a report to
the court, which report shall include a copy | 10 |
| of all receipts and, if any,
certificate of sale. | 11 |
| (b) Hearing. Upon motion and notice in accordance with | 12 |
| court rules
applicable to motions generally, which motion shall | 13 |
| not be made prior to
sale, the court shall conduct a hearing to
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| confirm the sale. Unless the court finds that (i) a notice | 15 |
| required in
accordance with subsection (c) of Section 15-1507 | 16 |
| was not given, (ii) the
terms of sale were unconscionable, |
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| (iii) the sale was conducted
fraudulently or (iv) that justice | 2 |
| was otherwise not done, the court shall
then enter an order | 3 |
| confirming the sale. The confirmation order shall include a | 4 |
| name, address, and telephone number of the holder of the | 5 |
| certificate of sale or deed issued pursuant to that certificate | 6 |
| or, if no certificate or deed was issued, the purchaser, whom a | 7 |
| municipality or county may contact with concerns about the real | 8 |
| estate. The confirmation order may
also: | 9 |
| (1) approve the mortgagee's fees and costs arising | 10 |
| between the entry of
the judgment of foreclosure and the | 11 |
| confirmation hearing, those costs and
fees to be allowable | 12 |
| to the same extent as provided in the note and mortgage
and | 13 |
| in Section 15-1504; | 14 |
| (2) provide for a personal judgment against any party | 15 |
| for a deficiency;
and | 16 |
| (3) determine the priority of the judgments of parties | 17 |
| who deferred proving
the priority pursuant to subsection | 18 |
| (h) of Section 15-1506, but
the court shall not
defer | 19 |
| confirming the sale pending the determination of such | 20 |
| priority. | 21 |
| (b-5) Notice with respect to residential real estate. With | 22 |
| respect to residential real estate, the notice required under | 23 |
| subsection (b) of this Section shall be sent to the mortgagor | 24 |
| even if the mortgagor has previously been held in default. In | 25 |
| the event the mortgagor has filed an appearance, the notice | 26 |
| shall be sent to the address indicated on the appearance. In |
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| all other cases, the notice shall be sent to the mortgagor at | 2 |
| the common address of the foreclosed property. The notice shall | 3 |
| be sent by first class mail. Unless the right to possession has | 4 |
| been previously terminated by the court, the notice shall | 5 |
| include the following language in 12-point boldface | 6 |
| capitalized type: | 7 |
| IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO | 8 |
| REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF | 9 |
| POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE | 10 |
| ILLINOIS MORTGAGE FORECLOSURE LAW. YOU NEED TO ARRANGE TO | 11 |
| REMOVE ALL OF YOUR PERSONAL PROPERTY FROM THE FORECLOSED | 12 |
| PROPERTY WITHIN THAT 30-DAY PERIOD. | 13 |
| (b-10) Notice of confirmation order sent to municipality or | 14 |
| county. A copy of the confirmation order required under | 15 |
| subsection (b) shall be sent to the municipality in which the | 16 |
| foreclosed property is located, or to the county within the | 17 |
| boundary of which the foreclosed property is located if the | 18 |
| foreclosed property is located in an unincorporated territory. | 19 |
| A municipality or county must clearly publish on its website a | 20 |
| single address to which such notice shall be sent. If a | 21 |
| municipality or county does not maintain a website, then the | 22 |
| municipality or county must publicly post in its main office a | 23 |
| single address to which such notice shall be sent. In the event | 24 |
| that a municipality or county has not complied with the | 25 |
| publication requirement in this subsection (b-10), then such | 26 |
| notice to the municipality or county shall be provided pursuant |
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| to Section 2-211 of the Code of Civil Procedure. | 2 |
| (c) Failure to Give Notice. If any sale is held without | 3 |
| compliance with
subsection (c) of Section 15-1507 of this | 4 |
| Article, any party entitled to
the notice provided for in | 5 |
| paragraph (3) of that subsection
(c) who was not so notified | 6 |
| may, by motion supported by affidavit
made prior to | 7 |
| confirmation of such sale, ask the court which entered the
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| judgment to set aside the sale. Any such party shall guarantee | 9 |
| or secure by bond a bid equal to the successful bid at the | 10 |
| prior sale, unless the party seeking to set aside the sale is | 11 |
| the mortgagor, the real estate sold at the sale is residential | 12 |
| real estate, and the mortgagor occupies the residential real | 13 |
| estate at the time the motion is filed. In that event, no | 14 |
| guarantee or bond shall be required of the mortgagor. Any
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| subsequent sale is subject to the same notice requirement as | 16 |
| the original sale. | 17 |
| (d) Validity of Sale. Except as provided in subsection (c) | 18 |
| of Section
15-1508, no sale under this Article shall be held | 19 |
| invalid or be set aside
because of any defect in the notice | 20 |
| thereof or in the publication of the
same, or in the | 21 |
| proceedings of the officer conducting the sale, except upon
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| good cause shown in a hearing pursuant to subsection (b) of | 23 |
| Section
15-1508. At any time after a sale has occurred, any | 24 |
| party entitled to
notice under paragraph (3) of subsection (c) | 25 |
| of Section 15-1507 may recover
from the mortgagee any damages | 26 |
| caused by the mortgagee's failure to comply
with such paragraph |
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| (3). Any party who recovers damages in a judicial
proceeding | 2 |
| brought under this subsection may also recover from the
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| mortgagee the reasonable expenses of litigation, including | 4 |
| reasonable attorney's fees. | 5 |
| (e) Deficiency Judgment. In any order confirming a sale | 6 |
| pursuant to the
judgment of foreclosure, the court shall also | 7 |
| enter a personal judgment
for deficiency against any party (i) | 8 |
| if otherwise authorized and (ii) to
the extent requested in the | 9 |
| complaint and proven upon presentation of the
report of sale in | 10 |
| accordance with Section 15-1508. Except as otherwise provided
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| in this Article, a judgment may be entered for any balance of | 12 |
| money that
may be found due to the plaintiff, over and above | 13 |
| the proceeds of the sale
or sales, and enforcement may be had | 14 |
| for the collection of such balance,
the same as when the | 15 |
| judgment is solely for the payment of money. Such
judgment may | 16 |
| be entered, or enforcement had,
only in cases where personal | 17 |
| service has been had upon the
persons personally liable for the | 18 |
| mortgage indebtedness, unless they have
entered their | 19 |
| appearance in the foreclosure action. | 20 |
| (f) Satisfaction. Upon confirmation of the sale, the
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| judgment stands satisfied to the extent of the sale price less | 22 |
| expenses and
costs. If the order confirming the sale includes a | 23 |
| deficiency judgment, the
judgment shall become a lien in the | 24 |
| manner of any other
judgment for the payment of money. | 25 |
| (g) The order confirming the sale shall include, | 26 |
| notwithstanding any
previous orders awarding possession during |
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| the pendency of the foreclosure, an
award to the purchaser of | 2 |
| possession of the mortgaged real estate, as of the
date 30 days | 3 |
| after the entry of the order, against the
parties to the | 4 |
| foreclosure whose interests have been terminated. | 5 |
| An order of possession authorizing the removal of a person | 6 |
| from possession
of the mortgaged real estate shall be entered | 7 |
| and enforced only against those
persons personally
named as | 8 |
| individuals in the complaint or the petition under subsection | 9 |
| (h)
of Section 15-1701 and in the order of possession and shall
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| not be entered and enforced against any person who is only | 11 |
| generically
described as an
unknown owner or nonrecord claimant | 12 |
| or by another generic designation in the
complaint. | 13 |
| Notwithstanding the preceding paragraph, the failure to | 14 |
| personally
name,
include, or seek an award of
possession of the | 15 |
| mortgaged real estate against a person in the
confirmation | 16 |
| order shall not abrogate any right that the purchaser may have | 17 |
| to
possession of the mortgaged real estate and to maintain a | 18 |
| proceeding against
that person for
possession under Article 9 | 19 |
| of this Code or subsection (h) of Section 15-1701;
and | 20 |
| possession against a person
who (1) has not been personally | 21 |
| named as a party to the
foreclosure and (2) has not been | 22 |
| provided an opportunity to be heard in the
foreclosure | 23 |
| proceeding may be sought only by maintaining a
proceeding under | 24 |
| Article 9 of this
Code or subsection (h) of Section 15-1701. | 25 |
| (Source: P.A. 95-826, eff. 8-14-08; 96-265, eff. 8-11-09; | 26 |
| 96-856, eff. 3-1-10.)
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| Section 99. Effective date. This Act takes effect 60 days | 2 |
| after becoming law.".
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