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:
 
735 ILCS 5/15-1504.1

    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.


LRB100 05952 HEP 15980 b

 

 

A BILL FOR

 

SB0718LRB100 05952 HEP 15980 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 15-1504.1 as follows:
 
6    (735 ILCS 5/15-1504.1)
7    Sec. 15-1504.1. Filing fee for Foreclosure Prevention
8Program Fund, Foreclosure Prevention Program Graduated Fund,
9and Abandoned Residential Property Municipality Relief Fund.
10    (a) Fee paid by all plaintiffs with respect to residential
11real estate. With respect to residential real estate, at the
12time of the filing of a foreclosure complaint, the plaintiff
13shall pay to the clerk of the court in which the foreclosure
14complaint is filed a fee of $50 for deposit into the
15Foreclosure Prevention Program Fund, a special fund created in
16the State treasury. The clerk shall remit the fee collected
17pursuant to this subsection (a) to the State Treasurer to be
18expended for the purposes set forth in Section 7.30 of the
19Illinois Housing Development Act. All fees paid by plaintiffs
20to the clerk of the court as provided in this subsection (a)
21shall be disbursed within 60 days after receipt by the clerk of
22the court as follows: (i) 98% to the State Treasurer for
23deposit into the Foreclosure Prevention Program Fund, and (ii)

 

 

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12% to the clerk of the court to be retained by the clerk for
2deposit into the Circuit Court Clerk Operation and
3Administrative Fund to defray administrative expenses related
4to implementation of this subsection (a). Notwithstanding any
5other law to the contrary, the Foreclosure Prevention Program
6Fund is not subject to sweeps, administrative charge-backs, or
7any other fiscal maneuver that would in any way transfer any
8amounts from the Foreclosure Prevention Program Fund into any
9other fund of the State.
10    (a-5) Additional fee paid by plaintiffs with respect to
11residential 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
10court shall submit to the Illinois Housing Development
11Authority a report of the funds collected and remitted pursuant
12to this Section during the preceding year.
13    (c) As used in this Section:
14    "Affiliate" means any company that controls, is controlled
15by, or is under common control with another company.
16    "Approved counseling agency" and "approved housing
17counseling" have the meanings ascribed to those terms in
18Section 7.30 of the Illinois Housing Development Act.
19    "Depository institution" means a bank, savings bank,
20savings and loan association, or credit union chartered,
21organized, or holding a certificate of authority to do business
22under the laws of this State, another state, or the United
23States.
24    "First tier foreclosure filing category" is a
25classification that only applies to a plaintiff that has filed
26175 or more foreclosure complaints on residential real estate

 

 

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1located in Illinois during the calendar year immediately
2preceding the date of the filing of the subject foreclosure
3complaint.
4    "Second tier foreclosure filing category" is a
5classification that only applies to a plaintiff that has filed
6at least 50, but no more than 174, foreclosure complaints on
7residential real estate located in Illinois during the calendar
8year immediately preceding the date of the filing of the
9subject foreclosure complaint.
10    "Third tier foreclosure filing category" is a
11classification that only applies to a plaintiff that has filed
12no more than 49 foreclosure complaints on residential real
13estate located in Illinois during the calendar year immediately
14preceding the date of the filing of the subject foreclosure
15complaint.
16    (d) In no instance shall the fee set forth in subsection
17(a-5) be assessed for any foreclosure complaint filed before
18the effective date of this amendatory Act of the 97th General
19Assembly.
20    (e) Notwithstanding any other law to the contrary, the
21Abandoned Residential Property Municipality Relief Fund is not
22subject to sweeps, administrative charge-backs, or any other
23fiscal maneuver that would in any way transfer any amounts from
24the Abandoned Residential Property Municipality Relief Fund
25into 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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198-20, eff. 6-11-13.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.