Bill Text: IL SB3522 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Residential Mortgage License Act of 1987, the High Risk Home Loan Act, and the Interest Act. Limits the imposition of prepayment penalties in connection with high risk home loans. Limits the size of balloon payments in connection with high risk home loans. Limits the imposition of late fees. Effective January 1, 2013.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3522 Detail]

Download: Illinois-2011-SB3522-Amended.html

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Rep. Karen A. Yarbrough

Filed: 5/30/2012

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AMENDMENT TO SENATE BILL 3522
AMENDMENT NO. ______. Amend Senate Bill 3522, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Housing Development Act is amended
by changing Sections 7.30 and 7.31 as follows:
(20 ILCS 3805/7.30)
Sec. 7.30. Foreclosure Prevention Program.
(a) The Authority shall establish and administer a
Foreclosure Prevention Program. The Authority shall use moneys
in the Foreclosure Prevention Program Fund, and any other funds
appropriated for this purpose, to make grants to (i) approved
counseling agencies for approved housing counseling and (ii)
approved community-based organizations for approved
foreclosure prevention outreach programs. The Authority shall
promulgate rules to implement this Program and may adopt

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emergency rules as soon as practicable to begin implementation
of the Program.
(b) Subject to appropriation, and except as specified in
Section 15-1504.1 of the Code of Civil Procedure, the Authority
shall make grants from the Foreclosure Prevention Program Fund
as follows:
(1) 25% of the moneys in the Fund shall be used to make
grants to approved counseling agencies that provide
services in Illinois outside of the City of Chicago. Grants
shall be based upon the number of foreclosures filed in an
approved counseling agency's service area, the capacity of
the agency to provide foreclosure counseling services, and
any other factors that the Authority deems appropriate.
(2) 25% of the moneys in the Fund shall be distributed
to the City of Chicago to make grants to approved
counseling agencies located within the City of Chicago for
approved housing counseling or to support foreclosure
prevention counseling programs administered by the City of
Chicago.
(3) 25% of the moneys in the Fund shall be used to make
grants to approved community-based organizations located
outside of the City of Chicago for approved foreclosure
prevention outreach programs.
(4) 25% of the moneys in the Fund shall be used to make
grants to approved community-based organizations located
within the City of Chicago for approved foreclosure

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prevention outreach programs, with priority given to
programs that provide door-to-door outreach.
As used in this Section:
"Approved community-based organization" means a
not-for-profit entity that provides educational and financial
information to residents of a community through in-person
contact. "Approved community-based organization" does not
include a not-for-profit corporation or other entity or person
that provides legal representation or advice in a civil
proceeding or court-sponsored mediation services, or a
governmental agency.
"Approved foreclosure prevention outreach program" means a
program developed by an approved community-based organization
that includes in-person contact with residents to provide (i)
pre-purchase and post-purchase home ownership counseling, (ii)
education about the foreclosure process and the options of a
mortgagor in a foreclosure proceeding, and (iii) programs
developed by an approved community-based organization in
conjunction with a State or federally chartered financial
institution.
"Approved counseling agency" means a housing counseling
agency approved by the U.S. Department of Housing and Urban
Development.
"Approved housing counseling" means in-person counseling
provided by a counselor employed by an approved counseling
agency to all borrowers, or documented telephone counseling

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where a hardship would be imposed on one or more borrowers. A
hardship shall exist in instances in which the borrower is
confined to his or her home due to a medical condition, as
verified in writing by a physician, or the borrower resides 50
miles or more from the nearest approved counseling agency. In
instances of telephone counseling, the borrower must supply all
necessary documents to the counselor at least 72 hours prior to
the scheduled telephone counseling session.
(c) (Blank). As used in this Section, "approved counseling
agencies" and "approved housing counseling" have the meanings
ascribed to those terms in Section 15-1502.5 of the Code of
Civil Procedure.
(Source: P.A. 96-1419, eff. 10-1-10.)
(20 ILCS 3805/7.31)
Sec. 7.31. Abandoned Residential Property Municipality
Relief Program.
(a) The Authority shall establish and administer an
Abandoned Residential Property Municipality Relief Program.
The Authority shall use moneys in the Abandoned Residential
Property Municipality Relief Fund, and any other funds
appropriated for this purpose, to make grants to municipalities
and to counties to assist with removal costs and securing or
enclosing costs incurred by the municipality or county for:
cutting of neglected weeds or grass, trimming of trees or
bushes, and removal of nuisance bushes or trees; extermination

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of pests or prevention of the ingress of pests; removal of
garbage, debris, and graffiti; boarding up, closing off, or
locking windows or entrances or otherwise making the interior
of a building inaccessible to the general public; surrounding
part or all of a vacant property with a fence or wall or
otherwise making part or all of the property's underlying
parcel inaccessible to the general public; demolition of vacant
property; and repair or rehabilitation of vacant property
pursuant to Section 11-20-15.1 of the Illinois Municipal Code,
as approved by the Authority under the Program. For purposes of
this subsection (a), "pests" has the meaning ascribed to that
term in subsection (c) of Section 11-20-8 of the Illinois
Municipal Code. The Authority shall promulgate rules for the
administration, operation, and maintenance of the Program and
may adopt emergency rules as soon as practicable to begin
implementation of the Program.
(b) Subject to appropriation, the Authority shall make
grants from the Abandoned Residential Property Municipality
Relief Fund as follows:
(1) 75% of the moneys in the Fund shall be used to make
grants to distributed to municipalities, other than the
City of Chicago, and to counties to assist with removal
costs and securing or enclosing costs incurred by the
municipality pursuant to Section 11-20-15.1 of the
Illinois Municipal Code.
(2) 25% of the moneys in the Fund shall be used

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distributed to make grants to the City of Chicago to assist
with removal costs and securing or enclosing costs incurred
by the municipality pursuant to Section 11-20-15.1 of the
Illinois Municipal Code.
(Source: P.A. 96-1419, eff. 10-1-10.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 21-3 as follows:
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
Sec. 21-3. Criminal trespass to real property.
(a) Except as provided in subsection (a-5), whoever:
(1) knowingly and without lawful authority enters or
remains within or on a building; or
(2) enters upon the land of another, after receiving,
prior to such entry, notice from the owner or occupant that
such entry is forbidden; or
(3) remains upon the land of another, after receiving
notice from the owner or occupant to depart; or
(3.5) presents false documents or falsely represents
his or her identity orally to the owner or occupant of a
building or land in order to obtain permission from the
owner or occupant to enter or remain in the building or on
the land; or
(4) intentionally removes a notice posted on
residential real estate as required by subsection (l) of

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Section 15-1505.8 of Article XV of the Code of Civil
Procedure before the date and time set forth in the notice;
commits a Class B misdemeanor.
For purposes of item (1) of this subsection, this Section
shall not apply to being in a building which is open to the
public while the building is open to the public during its
normal hours of operation; nor shall this Section apply to a
person who enters a public building under the reasonable belief
that the building is still open to the public.
(a-5) Except as otherwise provided in this subsection,
whoever enters upon any of the following areas in or on a motor
vehicle (including an off-road vehicle, motorcycle, moped, or
any other powered two-wheel vehicle) after receiving, prior to
that entry, notice from the owner or occupant that the entry is
forbidden or remains upon or in the area after receiving notice
from the owner or occupant to depart commits a Class A
misdemeanor:
(1) A field that is used for growing crops or that is
capable of being used for growing crops.
(2) An enclosed area containing livestock.
(3) An orchard.
(4) A barn or other agricultural building containing
livestock.
(b) A person has received notice from the owner or occupant
within the meaning of Subsection (a) if he has been notified
personally, either orally or in writing including a valid court

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order as defined by subsection (7) of Section 112A-3 of the
Code of Criminal Procedure of 1963 granting remedy (2) of
subsection (b) of Section 112A-14 of that Code, or if a printed
or written notice forbidding such entry has been conspicuously
posted or exhibited at the main entrance to such land or the
forbidden part thereof.
(b-5) Subject to the provisions of subsection (b-10), as an
alternative to the posting of real property as set forth in
subsection (b), the owner or lessee of any real property may
post the property by placing identifying purple marks on trees
or posts around the area to be posted. Each purple mark shall
be:
(1) A vertical line of at least 8 inches in length and
the bottom of the mark shall be no less than 3 feet nor
more than 5 feet high. Such marks shall be placed no more
than 100 feet apart and shall be readily visible to any
person approaching the property; or
(2) A post capped or otherwise marked on at least its
top 2 inches. The bottom of the cap or mark shall be not
less than 3 feet but not more than 5 feet 6 inches high.
Posts so marked shall be placed not more than 36 feet apart
and shall be readily visible to any person approaching the
property. Prior to applying a cap or mark which is visible
from both sides of a fence shared by different property
owners or lessees, all such owners or lessees shall concur
in the decision to post their own property.

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Nothing in this subsection (b-5) shall be construed to
authorize the owner or lessee of any real property to place any
purple marks on any tree or post or to install any post or
fence if doing so would violate any applicable law, rule,
ordinance, order, covenant, bylaw, declaration, regulation,
restriction, contract, or instrument.
(b-10) Any owner or lessee who marks his or her real
property using the method described in subsection (b-5) must
also provide notice as described in subsection (b) of this
Section. The public of this State shall be informed of the
provisions of subsection (b-5) of this Section by the Illinois
Department of Agriculture and the Illinois Department of
Natural Resources. These Departments shall conduct an
information campaign for the general public concerning the
interpretation and implementation of subsection (b-5). The
information shall inform the public about the marking
requirements and the applicability of subsection (b-5)
including information regarding the size requirements of the
markings as well as the manner in which the markings shall be
displayed. The Departments shall also include information
regarding the requirement that, until the date this subsection
becomes inoperative, any owner or lessee who chooses to mark
his or her property using paint, must also comply with one of
the notice requirements listed in subsection (b). The
Departments may prepare a brochure or may disseminate the
information through agency websites. Non-governmental

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organizations including, but not limited to, the Illinois
Forestry Association, Illinois Tree Farm and the Walnut Council
may help to disseminate the information regarding the
requirements and applicability of subsection (b-5) based on
materials provided by the Departments. This subsection (b-10)
is inoperative on and after January 1, 2013.
(b-15) Subsections (b-5) and (b-10) do not apply to real
property located in a municipality of over 2,000,000
inhabitants.
(c) This Section does not apply to any person, whether a
migrant worker or otherwise, living on the land with permission
of the owner or of his agent having apparent authority to hire
workers on such land and assign them living quarters or a place
of accommodations for living thereon, nor to anyone living on
such land at the request of, or by occupancy, leasing or other
agreement or arrangement with the owner or his agent, nor to
anyone invited by such migrant worker or other person so living
on such land to visit him at the place he is so living upon the
land.
(d) A person shall be exempt from prosecution under this
Section if he beautifies unoccupied and abandoned residential
and industrial properties located within any municipality. For
the purpose of this subsection, "unoccupied and abandoned
residential and industrial property" means any real estate (1)
in which the taxes have not been paid for a period of at least 2
years; and (2) which has been left unoccupied and abandoned for

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a period of at least one year; and "beautifies" means to
landscape, clean up litter, or to repair dilapidated conditions
on or to board up windows and doors.
(e) No person shall be liable in any civil action for money
damages to the owner of unoccupied and abandoned residential
and industrial property which that person beautifies pursuant
to subsection (d) of this Section.
(e-5)(i) A mortgagee or agent of the mortgagee shall be
exempt from prosecution for criminal trespass for entering,
securing, or maintaining an abandoned residential property.
(ii) No mortgagee or agent of the mortgagee shall be liable
to the mortgagor or other owner of an abandoned residential
property in any civil action for negligence or civil trespass
in connection with entering, securing, or maintaining the
abandoned residential property.
(iii) For the purpose of this subsection (e-5) only,
"abandoned residential property" means mortgaged real estate
that the mortgagee or agent of the mortgagee determines in good
faith meets the definition of abandoned residential property
set forth in Section 15-1200.5 of Article XV of the Code of
Civil Procedure.
(f) This Section does not prohibit a person from entering a
building or upon the land of another for emergency purposes.
For purposes of this subsection (f), "emergency" means a
condition or circumstance in which an individual is or is
reasonably believed by the person to be in imminent danger of

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serious bodily harm or in which property is or is reasonably
believed to be in imminent danger of damage or destruction.
(g) Paragraph (3.5) of subsection (a) does not apply to a
peace officer or other official of a unit of government who
enters a building or land in the performance of his or her
official duties.
(h) A person may be liable in any civil action for money
damages to the owner of the land he or she entered upon with a
motor vehicle as prohibited under subsection (a-5) of this
Section. A person may also be liable to the owner for court
costs and reasonable attorney's fees. The measure of damages
shall be: (i) the actual damages, but not less than $250, if
the vehicle is operated in a nature preserve or registered area
as defined in Sections 3.11 and 3.14 of the Illinois Natural
Areas Preservation Act; (ii) twice the actual damages if the
owner has previously notified the person to cease trespassing;
or (iii) in any other case, the actual damages, but not less
than $50. If the person operating the vehicle is under the age
of 16, the owner of the vehicle and the parent or legal
guardian of the minor are jointly and severally liable. For the
purposes of this subsection (h):
"Land" includes, but is not limited to, land used for
crop land, fallow land, orchard, pasture, feed lot, timber
land, prairie land, mine spoil nature preserves and
registered areas. "Land" does not include driveways or
private roadways upon which the owner allows the public to

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drive.
"Owner" means the person who has the right to
possession of the land, including the owner, operator or
tenant.
"Vehicle" has the same meaning as provided under
Section 1-217 of the Illinois Vehicle Code.
(i) This Section does not apply to the following persons
while serving process:
(1) a person authorized to serve process under Section
2-202 of the Code of Civil Procedure; or
(2) a special process server appointed by the circuit
court.
(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
revised 9-14-11.)
Section 15. The Code of Civil Procedure is amended by
changing Sections 15-1219, 15-1503, 15-1504, 15-1504.1,
15-1507.1, and 15-1508 and by adding Sections 15-1200.5,
15-1200.7, and 15-1505.8 as follows:
(735 ILCS 5/15-1200.5 new)
Sec. 15-1200.5. Abandoned residential property. "Abandoned
residential property" means residential real estate that:
(a) either:
(1) is not occupied by any mortgagor or lawful occupant
as a principal residence; or

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(2) contains an incomplete structure if the real estate
is zoned for residential development, where the structure
is empty or otherwise uninhabited and is in need of
maintenance, repair, or securing; and
(b) with respect to which either:
(1) two or more of the following conditions are shown
to exist:
(A) construction was initiated on the property and
was discontinued prior to completion, leaving a
building unsuitable for occupancy, and no construction
has taken place for at least 6 months;
(B) multiple windows on the property are boarded up
or closed off or are smashed through, broken off, or
unhinged, or multiple window panes are broken and
unrepaired;
(C) doors on the property are smashed through,
broken off, unhinged, or continuously unlocked;
(D) the property has been stripped of copper or
other materials, or interior fixtures to the property
have been removed;
(E) gas, electrical, or water services to the
entire property have been terminated;
(F) there exist one or more written statements of
the mortgagor or the mortgagor's personal
representative or assigns, including documents of
conveyance, which indicate a clear intent to abandon

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the property;
(G) law enforcement officials have received at
least one report of trespassing or vandalism or other
illegal acts being committed at the property in the
last 6 months;
(H) the property has been declared unfit for
occupancy and ordered to remain vacant and unoccupied
under an order issued by a municipal or county
authority or a court of competent jurisdiction;
(I) the local police, fire, or code enforcement
authority has requested the owner or other interested
or authorized party to secure or winterize the property
due to the local authority declaring the property to be
an imminent danger to the health, safety, and welfare
of the public;
(J) the property is open and unprotected and in
reasonable danger of significant damage due to
exposure to the elements, vandalism, or freezing; or
(K) there exists other evidence indicating a clear
intent to abandon the property; or
(2) the real estate is zoned for residential
development and is a vacant lot that is in need of
maintenance, repair, or securing.
(735 ILCS 5/15-1200.7 new)
Sec. 15-1200.7. Abandoned residential property;

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exceptions. A property shall not be considered abandoned
residential property if: (i) there is an unoccupied building
which is undergoing construction, renovation, or
rehabilitation that is proceeding diligently to completion,
and the building is in substantial compliance with all
applicable ordinances, codes, regulations, and laws; (ii)
there is a building occupied on a seasonal basis, but otherwise
secure; (iii) there is a secure building on which there are
bona fide rental or sale signs; (iv) there is a building that
is secure, but is the subject of a probate action, action to
quiet title, or other ownership dispute; or (v) there is a
building that is otherwise secure and in substantial compliance
with all applicable ordinances, codes, regulations, and laws.
(735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219)
Sec. 15-1219. Residential Real Estate. "Residential real
estate" means any real estate, except a single tract of
agricultural real estate consisting of more than 40 acres,
which is improved with a single family residence or residential
condominium units or a multiple dwelling structure containing
single family dwelling units for six or fewer families living
independently of each other, which residence, or at least one
of which condominium or dwelling units, is occupied as a
principal residence either (i) if a mortgagor is an individual,
by that mortgagor, that mortgagor's spouse or that mortgagor's
descendants, or (ii) if a mortgagor is a trustee of a trust or

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an executor or administrator of an estate, by a beneficiary of
that trust or estate or by such beneficiary's spouse or
descendants or (iii) if a mortgagor is a corporation, by
persons owning collectively at least 50 percent of the shares
of voting stock of such corporation or by a spouse or
descendants of such persons. The use of a portion of
residential real estate for non-residential purposes shall not
affect the characterization of such real estate as residential
real estate. For purposes of the definition of the term
"abandoned residential property" in Section 15-1200.5 of this
Article, "abandoned residential property" shall not include
the requirement that the real estate be occupied, or if zoned
for residential development, improved with a dwelling
structure.
(Source: P.A. 85-907.)
(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
Sec. 15-1503. Notice of Foreclosure.
(a) A notice of foreclosure, whether the foreclosure is
initiated by complaint or counterclaim, made in accordance with
this Section and recorded in the county in which the mortgaged
real estate is located shall be constructive notice of the
pendency of the foreclosure to every person claiming an
interest in or lien on the mortgaged real estate, whose
interest or lien has not been recorded prior to the recording
of such notice of foreclosure. Such notice of foreclosure must

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be executed by any party or any party's attorney and shall
include (i) the names of all plaintiffs and the case number,
(ii) the court in which the action was brought, (iii) the names
of title holders of record, (iv) a legal description of the
real estate sufficient to identify it with reasonable
certainty, (v) a common address or description of the location
of the real estate and (vi) identification of the mortgage
sought to be foreclosed. An incorrect common address or
description of the location, or an immaterial error in the
identification of a plaintiff or title holder of record, shall
not invalidate the lis pendens effect of the notice under this
Section. A notice which complies with this Section shall be
deemed to comply with Section 2-1901 of the Code of Civil
Procedure and shall have the same effect as a notice filed
pursuant to that Section; however, a notice which complies with
Section 2-1901 shall not be constructive notice unless it also
complies with the requirements of this Section.
(b) With respect to residential real estate, a copy of the
notice of foreclosure described in subsection (a) of Section
15-1503 shall be sent by first class mail, postage prepaid, to
the municipality within the boundary of which the mortgaged
real estate is located, or to the county within the boundary of
which the mortgaged real estate is located if the mortgaged
real estate is located in an unincorporated territory. A
municipality or county must clearly publish on its website a
single address to which such notice shall be sent. If a

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municipality or county does not maintain a website, then the
municipality or county must publicly post in its main office a
single address to which such notice shall be sent. In the event
that a municipality or county has not complied with the
publication requirement in this subsection (b), then the copy
of the such notice to the municipality or county shall be sent
by first class mail, postage prepaid, to the chairperson of the
county board or county clerk in the case of a county, to the
mayor or city clerk in the case of a city, to the president of
the board of trustees or village clerk in the case of a
village, or to the president or town clerk in the case of a
town provided pursuant to Section 2-211 of the Code of Civil
Procedure. Additionally, if the real estate is located in a
city with a population of more than 2,000,000, regardless of
whether that city has complied with the publication requirement
in this subsection (b), the party must, within 10 days after
filing the complaint or counterclaim: (i) send by first class
mail, postage prepaid, a copy of the notice of foreclosure to
the alderman for the ward in which the real estate is located
and (ii) file an affidavit with the court attesting to the fact
that the notice was sent to the alderman for the ward in which
the real estate is located. The failure to send a copy of the
notice to the alderman or to file an affidavit as required
results in the dismissal without prejudice of the complaint or
counterclaim on a motion of a party or the court. If, after the
complaint or counterclaim has been dismissed without

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prejudice, the party refiles the complaint or counterclaim,
then the party must again comply with the requirements that the
party send by first class mail, postage prepaid, the notice to
the alderman for the ward in which the real estate is located
and file an affidavit attesting to the fact that the notice was
sent.
(Source: P.A. 96-856, eff. 3-1-10.)
(735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)
Sec. 15-1504. Pleadings and service.
(a) Form of Complaint. A foreclosure complaint may be in
substantially the following form:
(1) Plaintiff files this complaint to foreclose the
mortgage (or other conveyance in the nature of a mortgage)
(hereinafter called "mortgage") hereinafter described and
joins the following person as defendants: (here insert
names of all defendants).
(2) Attached as Exhibit "A" is a copy of the mortgage
and as Exhibit "B" is a copy of the note secured thereby.
(3) Information concerning mortgage:
(A) Nature of instrument: (here insert whether a
mortgage, trust deed or other instrument in the nature
of a mortgage, etc.)
(B) Date of mortgage:
(C) Name of mortgagor:
(D) Name of mortgagee:

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(E) Date and place of recording:
(F) Identification of recording: (here insert book
and page number or document number)
(G) Interest subject to the mortgage: (here insert
whether fee simple, estate for years, undivided
interest, etc.)
(H) Amount of original indebtedness, including
subsequent advances made under the mortgage:
(I) Both the legal description of the mortgaged
real estate and the common address or other information
sufficient to identify it with reasonable certainty:
(J) Statement as to defaults, including, but not
necessarily limited to, date of default, current
unpaid principal balance, per diem interest accruing,
and any further information concerning the default:
(K) Name of present owner of the real estate:
(L) Names of other persons who are joined as
defendants and whose interest in or lien on the
mortgaged real estate is sought to be terminated:
(M) Names of defendants claimed to be personally
liable for deficiency, if any:
(N) Capacity in which plaintiff brings this
foreclosure (here indicate whether plaintiff is the
legal holder of the indebtedness, a pledgee, an agent,
the trustee under a trust deed or otherwise, as
appropriate):

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(O) Facts in support of redemption period shorter
than the longer of (i) 7 months from the date the
mortgagor or, if more than one, all the mortgagors (I)
have been served with summons or by publication or (II)
have otherwise submitted to the jurisdiction of the
court, or (ii) 3 months from the entry of the judgment
of foreclosure, if sought (here indicate whether based
upon the real estate not being residential,
abandonment, or real estate value less than 90% of
amount owed, etc.):
(P) Statement that the right of redemption has been
waived by all owners of redemption, if applicable:
(Q) Facts in support of request for attorneys' fees
and of costs and expenses, if applicable:
(R) Facts in support of a request for appointment
of mortgagee in possession or for appointment of
receiver, and identity of such receiver, if sought:
(S) Offer to mortgagor in accordance with Section
15-1402 to accept title to the real estate in
satisfaction of all indebtedness and obligations
secured by the mortgage without judicial sale, if
sought:
(T) Name or names of defendants whose right to
possess the mortgaged real estate, after the
confirmation of a foreclosure sale, is sought to be
terminated and, if not elsewhere stated, the facts in

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support thereof:
REQUEST FOR RELIEF
Plaintiff requests:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption period,
if sought.
(iii) A personal judgment for a deficiency, if sought.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or
appointing a receiver, if sought.
(vi) A judgment for attorneys' fees, costs and
expenses, if sought.
(b) Required Information. A foreclosure complaint need
contain only such statements and requests called for by the
form set forth in subsection (a) of Section 15-1504 as may be
appropriate for the relief sought. Such complaint may be filed
as a counterclaim, may be joined with other counts or may
include in the same count additional matters or a request for
any additional relief permitted by Article II of the Code of
Civil Procedure.
(c) Allegations. The statements contained in a complaint in
the form set forth in subsection (a) of Section 15-1504 are
deemed and construed to include allegations as follows:
(1) on the date indicated the obligor of the
indebtedness or other obligations secured by the mortgage

09700SB3522ham002 - 24 - LRB097 19115 AJO 70379 a
was justly indebted in the amount of the indicated original
indebtedness to the original mortgagee or payee of the
mortgage note;
(2) that the exhibits attached are true and correct
copies of the mortgage and note and are incorporated and
made a part of the complaint by express reference;
(3) that the mortgagor was at the date indicated an
owner of the interest in the real estate described in the
complaint and that as of that date made, executed and
delivered the mortgage as security for the note or other
obligations;
(4) that the mortgage was recorded in the county in
which the mortgaged real estate is located, on the date
indicated, in the book and page or as the document number
indicated;
(5) that defaults occurred as indicated;
(6) that at the time of the filing of the complaint the
persons named as present owners are the owners of the
indicated interests in and to the real estate described;
(7) that the mortgage constitutes a valid, prior and
paramount lien upon the indicated interest in the mortgaged
real estate, which lien is prior and superior to the right,
title, interest, claim or lien of all parties and nonrecord
claimants whose interests in the mortgaged real estate are
sought to be terminated;
(8) that by reason of the defaults alleged, if the

09700SB3522ham002 - 25 - LRB097 19115 AJO 70379 a
indebtedness has not matured by its terms, the same has
become due by the exercise, by the plaintiff or other
persons having such power, of a right or power to declare
immediately due and payable the whole of all indebtedness
secured by the mortgage;
(9) that any and all notices of default or election to
declare the indebtedness due and payable or other notices
required to be given have been duly and properly given;
(10) that any and all periods of grace or other period
of time allowed for the performance of the covenants or
conditions claimed to be breached or for the curing of any
breaches have expired;
(11) that the amounts indicated in the statement in the
complaint are correctly stated and if such statement
indicates any advances made or to be made by the plaintiff
or owner of the mortgage indebtedness, that such advances
were, in fact, made or will be required to be made, and
under and by virtue of the mortgage the same constitute
additional indebtedness secured by the mortgage; and
(12) that, upon confirmation of the sale, the holder of
the certificate of sale or deed issued pursuant to that
certificate or, if no certificate or deed was issued, the
purchaser at the sale will be entitled to full possession
of the mortgaged real estate against the parties named in
clause (T) of paragraph (3) of subsection (a) of Section
15-1504 or elsewhere to the same effect; the omission of

09700SB3522ham002 - 26 - LRB097 19115 AJO 70379 a
any party indicates that plaintiff will not seek a
possessory order in the order confirming sale unless the
request is subsequently made under subsection (h) of
Section 15-1701 or by separate action under Article 9 of
this Code.
(d) Request for Fees and Costs. A statement in the
complaint that plaintiff seeks the inclusion of attorneys' fees
and of costs and expenses shall be deemed and construed to
include allegations that:
(1) plaintiff has been compelled to employ and retain
attorneys to prepare and file the complaint and to
represent and advise the plaintiff in the foreclosure of
the mortgage and the plaintiff will thereby become liable
for the usual, reasonable and customary fees of the
attorneys in that behalf;
(2) that the plaintiff has been compelled to advance or
will be compelled to advance, various sums of money in
payment of costs, fees, expenses and disbursements
incurred in connection with the foreclosure, including,
without limiting the generality of the foregoing, filing
fees, stenographer's fees, witness fees, costs of
publication, costs of procuring and preparing documentary
evidence and costs of procuring abstracts of title, Torrens
certificates, foreclosure minutes and a title insurance
policy;
(3) that under the terms of the mortgage, all such

09700SB3522ham002 - 27 - LRB097 19115 AJO 70379 a
advances, costs, attorneys' fees and other fees, expenses
and disbursements are made a lien upon the mortgaged real
estate and the plaintiff is entitled to recover all such
advances, costs, attorneys' fees, expenses and
disbursements, together with interest on all advances at
the rate provided in the mortgage, or, if no rate is
provided therein, at the statutory judgment rate, from the
date on which such advances are made;
(4) that in order to protect the lien of the mortgage,
it may become necessary for plaintiff to pay taxes and
assessments which have been or may be levied upon the
mortgaged real estate;
(5) that in order to protect and preserve the mortgaged
real estate, it may also become necessary for the plaintiff
to pay liability (protecting mortgagor and mortgagee),
fire and other hazard insurance premiums on the mortgaged
real estate, make such repairs to the mortgaged real estate
as may reasonably be deemed necessary for the proper
preservation thereof, advance for costs to inspect the
mortgaged real estate or to appraise it, or both, and
advance for premiums for pre-existing private or
governmental mortgage insurance to the extent required
after a foreclosure is commenced in order to keep such
insurance in force; and
(6) that under the terms of the mortgage, any money so
paid or expended will become an additional indebtedness

09700SB3522ham002 - 28 - LRB097 19115 AJO 70379 a
secured by the mortgage and will bear interest from the
date such monies are advanced at the rate provided in the
mortgage, or, if no rate is provided, at the statutory
judgment rate.
(e) Request for Foreclosure. The request for foreclosure is
deemed and construed to mean that the plaintiff requests that:
(1) an accounting may be taken under the direction of
the court of the amounts due and owing to the plaintiff;
(2) that the defendants be ordered to pay to the
plaintiff before expiration of any redemption period (or,
if no redemption period, before a short date fixed by the
court) whatever sums may appear to be due upon the taking
of such account, together with attorneys' fees and costs of
the proceedings (to the extent provided in the mortgage or
by law);
(3) that in default of such payment in accordance with
the judgment, the mortgaged real estate be sold as directed
by the court, to satisfy the amount due to the plaintiff as
set forth in the judgment, together with the interest
thereon at the statutory judgment rate from the date of the
judgment;
(4) that in the event the plaintiff is a purchaser of
the mortgaged real estate at such sale, the plaintiff may
offset against the purchase price of such real estate the
amounts due under the judgment of foreclosure and order
confirming the sale;

09700SB3522ham002 - 29 - LRB097 19115 AJO 70379 a
(5) that in the event of such sale and the failure of
any person entitled thereto to redeem prior to such sale
pursuant to this Article, the defendants made parties to
the foreclosure in accordance with this Article, and all
nonrecord claimants given notice of the foreclosure in
accordance with this Article, and all persons claiming by,
through or under them, and each and any and all of them,
may be forever barred and foreclosed of any right, title,
interest, claim, lien, or right to redeem in and to the
mortgaged real estate; and
(6) that if no redemption is made prior to such sale, a
deed may be issued to the purchaser thereat according to
law and such purchaser be let into possession of the
mortgaged real estate in accordance with Part 17 of this
Article.
(f) Request for Deficiency Judgment. A request for a
personal judgment for a deficiency in a foreclosure complaint
if the sale of the mortgaged real estate fails to produce a
sufficient amount to pay the amount found due, the plaintiff
may have a personal judgment against any party in the
foreclosure indicated as being personally liable therefor and
the enforcement thereof be had as provided by law.
(g) Request for Possession or Receiver. A request for
possession or appointment of a receiver has the meaning as
stated in subsection (b) of Section 15-1706.
(h) Answers by Parties. Any party may assert its interest

09700SB3522ham002 - 30 - LRB097 19115 AJO 70379 a
by counterclaim and such counterclaim may at the option of that
party stand in lieu of answer to the complaint for foreclosure
and all counter complaints previously or thereafter filed in
the foreclosure. Any such counterclaim shall be deemed to
constitute a statement that the counter claimant does not have
sufficient knowledge to form a belief as to the truth or
falsity of the allegations of the complaint and all other
counterclaims, except to the extent that the counterclaim
admits or specifically denies such allegations.
(Source: P.A. 91-357, eff. 7-29-99.)
(735 ILCS 5/15-1504.1)
Sec. 15-1504.1. Filing fee for Foreclosure Prevention
Program Fund.
(a) With respect to residential real estate, at the time of
the filing of a foreclosure complaint, the plaintiff shall pay
to the clerk of the court in which the foreclosure complaint is
filed a fee of $50 for deposit into the Foreclosure Prevention
Program Fund, a special fund created in the State treasury. The
clerk shall remit the fee to the State Treasurer as provided in
this Section to be expended for the purposes set forth in
Section 7.30 of the Illinois Housing Development Act. All fees
paid by plaintiffs to the clerk of the court as provided in
this Section shall be disbursed within 60 days after receipt by
the clerk of the court as follows: (i) 98% to the State
Treasurer for deposit into the Foreclosure Prevention Program

09700SB3522ham002 - 31 - LRB097 19115 AJO 70379 a
Fund, and (ii) 2% to the clerk of the court for administrative
expenses related to implementation of this Section.
Notwithstanding any other law to the contrary, the Foreclosure
Prevention Program Fund is not subject to sweeps,
administrative charge-backs, or any other fiscal maneuver that
would in any way transfer any amounts from the Foreclosure
Prevention Program Fund into any other fund of the State.
(a-5) With respect to residential real estate, at the time
of the filing of a foreclosure complaint, a plaintiff that,
together with its affiliates, has total assets greater than
$10,000,000,000, or is filing on behalf of an entity that,
together with its affiliates, has total assets greater than
$10,000,000,000 shall pay to the clerk of the court in which
the foreclosure complaint is filed an additional fee of $500.
In no instance shall this fee be assessed to any "bank" as
defined in paragraph (8) of subsection (a) of Section 9-102 of
the Uniform Commercial Code that, together with its affiliates,
has total assets of $10,000,000,000 or less. In no instance
shall this fee be assessed for any foreclosure complaint filed
before the effective date of this amendatory Act of the 97th
General Assembly. The clerk shall remit the fee to the State
Treasurer as provided in this Section to be expended for the
purposes set forth below. All fees paid by plaintiffs to the
clerk of the court as provided in this Section shall be
disbursed within 60 days after receipt by the clerk of the
court as follows:

09700SB3522ham002 - 32 - LRB097 19115 AJO 70379 a
(1) 49% to the State Treasurer for deposit into the
Foreclosure Prevention Program Fund to make grants to
approved counseling agencies for approved housing
counseling. The Illinois Housing Development Authority
shall distribute the portion of this fee that is designated
for the Foreclosure Prevention Program Fund as follows:
(A) 30% shall be used to make grants for approved
housing counseling in Cook County outside of the City
of Chicago;
(B) 25% shall be used to make grants for approved
housing counseling in the City of Chicago;
(C) 30% shall be used to make grants for approved
housing counseling in DuPage, Kane, Lake, McHenry, and
Will Counties; and
(D) 15% shall be used to make grants for approved
housing counseling outside Cook, DuPage, Kane, Lake,
McHenry, and Will Counties;
(2) 49% to the State Treasurer for deposit into the
Abandoned Residential Property Municipality Relief Fund;
and
(3) 2% to the clerk of the court for administrative
expenses related to implementation of this Section.
(b) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted pursuant
to this Section during the preceding year.

09700SB3522ham002 - 33 - LRB097 19115 AJO 70379 a
(c) As used in this Section:
"Affiliate" means any company that controls, is controlled
by, or is under common control with another company.
"Approved counseling agency" and "approved housing
counseling" have the meanings ascribed to those terms in
Section 7.30 of the Illinois Housing Development Act.
(Source: P.A. 96-1419, eff. 10-1-10; 97-333, eff. 8-12-11.)
(735 ILCS 5/15-1505.8 new)
Sec. 15-1505.8. Expedited judgment and sale procedure for
abandoned residential property.
(a) Upon motion and notice, the mortgagee may elect to
utilize the expedited judgment and sale procedure for abandoned
residential property stated in this Section to obtain a
judgment of foreclosure pursuant to Section 15-1506. The motion
to expedite the judgment and sale may be combined with or made
part of the motion requesting a judgment of foreclosure. The
notice of the motion to expedite the judgment and sale shall be
sent by first-class mail to the last known address of the
mortgagor, and the notice required by paragraph (1) of
subsection (l) of this Section shall be posted at the property
address.
(b) The motion requesting an expedited judgment of
foreclosure and sale may be filed by the mortgagee at the time
the foreclosure complaint is filed or any time thereafter, and
shall set forth the facts demonstrating that the mortgaged real

09700SB3522ham002 - 34 - LRB097 19115 AJO 70379 a
estate is abandoned residential real estate under Section
15-1200.5 and shall be supported by affidavit.
(c) If a motion for an expedited judgment and sale is filed
at the time the foreclosure complaint is filed or before the
period to answer the foreclosure complaint has expired, the
motion shall be heard by the court no earlier than before the
period to answer the foreclosure complaint has expired and no
later than 15 days after the period to answer the foreclosure
complaint has expired.
(d) If a motion for an expedited judgment and sale is filed
after the period to answer the foreclosure complaint has
expired, the motion shall be heard no later than 15 days after
the motion is filed.
(e) The hearing shall be given priority by the court and
shall be scheduled to be heard within the applicable time
period set forth in subsection (c) or (d) of this Section.
(f) Subject to subsection (g), at the hearing on the motion
requesting an expedited judgment and sale, if the court finds
that the mortgaged real estate is abandoned residential
property, the court shall grant the motion and immediately
proceed to a trial of the foreclosure. A judgment of
foreclosure under this Section shall include the matters
identified in Section 15-1506.
(g) The court may not grant the motion requesting an
expedited judgment and sale if the mortgagor, an unknown owner,
or a lawful occupant appears in the action in any manner before

09700SB3522ham002 - 35 - LRB097 19115 AJO 70379 a
or at the hearing and objects to a finding of abandonment.
(h) The court shall vacate an order issued pursuant to
subsection (f) of this Section if the mortgagor or a lawful
occupant appears in the action at any time prior to the court
issuing an order confirming the sale pursuant to subsection
(b-3) of Section 15-1508 and presents evidence establishing to
the satisfaction of the court that the mortgagor or lawful
occupant has not abandoned the mortgaged real estate.
(i) The reinstatement period and redemption period for the
abandoned residential property shall end in accordance with
paragraph (4) of subsection (b) of Section 15-1603, and the
abandoned residential property shall be sold at the earliest
practicable time at a sale as provided in this Article.
(j) The mortgagee or its agent may enter, secure, and
maintain abandoned residential property subject to subsection
(e-5) of Section 21-3 of the Criminal Code of 1961.
(k) Personal property.
(1) Upon confirmation of the sale held pursuant to
Section 15-1507, any personal property remaining in or upon
the abandoned residential property shall be deemed to have
been abandoned by the owner of such personal property and
may be disposed of or donated by the holder of the
certificate of sale (or, if none, by the purchaser at the
sale). In the event of donation of any such personal
property, the holder of the certificate of sale (or, if
none, the purchaser at the sale) may transfer such donated

09700SB3522ham002 - 36 - LRB097 19115 AJO 70379 a
property with a bill of sale. No mortgagee or its
successors or assigns, holder of a certificate of sale, or
purchaser at the sale shall be liable for any such disposal
or donation of personal property.
(2) Notwithstanding paragraph (1) of this subsection
(k), in the event a lawful occupant is in possession of the
mortgaged real estate who has not been made a party to the
foreclosure and had his or her interests terminated
therein, any personal property of the lawful occupant shall
not be deemed to have been abandoned, nor shall the rights
of the lawful occupant to any personal property be
affected.
(l) Notices to be posted at property address.
(1) The notice set out in this paragraph (1) of this
subsection (l) shall be conspicuously posted at the
property address at least 14 days before the hearing on the
motion requesting an expedited judgment and sale and shall
be in boldface, in at least 12 font type, and in
substantially the following form:
"NOTICE TO ANY TENANT OR OTHER LAWFUL
OCCUPANT OF THIS PROPERTY
A lawsuit has been filed to foreclose on this property, and the
party asking to foreclose on this property has asked a judge to
find that THIS PROPERTY IS ABANDONED.

09700SB3522ham002 - 37 - LRB097 19115 AJO 70379 a
The judge will be holding a hearing to decide whether this
property is ABANDONED.
IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
CHOOSE TO GO TO THIS HEARING and explain to the judge how you
are a lawful occupant of this property.
If the judge is satisfied that you are a LAWFUL OCCUPANT of
this property, the court will find that this property is NOT
ABANDONED.
This hearing will be held in the courthouse at the following
address, date, and time:
Court name:..................................................
Court address:...............................................
Court room number where hearing will be held:................
(There should be a person in this room called a CLERK who can
help you. Make sure you know THIS PROPERTY'S ADDRESS.)
Date of hearing:.............................................
Time of hearing:.............................................
MORE INFORMATION
Name of lawsuit:.............................................

09700SB3522ham002 - 38 - LRB097 19115 AJO 70379 a
Number of lawsuit:...........................................
Address of this property:....................................
IMPORTANT
This is NOT a notice to vacate the premises. You may wish to
contact a lawyer or your local legal aid or housing counseling
agency to discuss any rights that you may have.
WARNING
INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY
UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
LAW. 720 ILCS 5/21-3(a).
NO TRESPASSING
KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).".
(2) The notice set out in this paragraph (2) of this
subsection (l) shall be conspicuously posted at the
property address at least 14 days before the hearing to
confirm the sale of the abandoned residential property and
shall be in boldface, in at least 12 font type, and in

09700SB3522ham002 - 39 - LRB097 19115 AJO 70379 a
substantially the following form:
"NOTICE TO ANY TENANT OR OTHER LAWFUL
OCCUPANT OF THIS PROPERTY
A lawsuit has been filed to foreclose on this property, and the
judge has found that THIS PROPERTY IS ABANDONED. As a result,
THIS PROPERTY HAS BEEN OR WILL BE SOLD.
HOWEVER, there still must be a hearing for the judge to approve
the sale. The judge will NOT APPROVE this sale if the judge
finds that any person lawfully occupies any part of this
property.
IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY
CHOOSE TO GO TO THIS HEARING and explain to the judge how you
are a lawful occupant of this property. You also may appear
BEFORE this hearing and explain to the judge how you are a
lawful occupant of this property.
If the judge is satisfied that you are a LAWFUL OCCUPANT of
this property, the court will find that this property is NOT
ABANDONED, and there will be no sale of the property at this
time.
This hearing will be held in the courthouse at the following

09700SB3522ham002 - 40 - LRB097 19115 AJO 70379 a
address, date, and time:
Court name:..................................................
Court address:...............................................
Court room number where hearing will be held:................
(There should be a person in this room called a CLERK who can
help you. Make sure you know THIS PROPERTY'S ADDRESS.)
Date of hearing:.............................................
Time of hearing:.............................................
MORE INFORMATION
Name of lawsuit:.............................................
Number of lawsuit:...........................................
Address of this property:....................................
IMPORTANT
This is NOT a notice to vacate the premises. You may wish to
contact a lawyer or your local legal aid or housing counseling
agency to discuss any rights that you may have.
WARNING
INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME
STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY

09700SB3522ham002 - 41 - LRB097 19115 AJO 70379 a
UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS
LAW. 720 ILCS 5/21-3(a).
NO TRESPASSING
KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A
CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A
FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
(m) Reports. Beginning on February 1, 2013 and then every 6
months thereafter, any mortgagee that has filed a motion to
expedite the judgment and sale shall complete and submit to the
Illinois Department of Financial and Professional Regulation a
report that indicates: (i) the number of motions to expedite
the judgment and sale that were filed by the mortgagee during
the reporting period and the number of properties that were the
subject of such motions filed by the mortgagee, aggregated by
zip code; (ii) the number of motions to expedite the judgment
and sale that were granted to the mortgagee during the
reporting period and the number of properties for which the
mortgagee was granted an expedited motion and sale, aggregated
by zip code; and (iii) the number of judicial sales to the
mortgagee for properties that were the subject of expedited
judgment and sale procedures during the reporting period and
the number of properties acquired by the mortgagee during the
reporting period, aggregated by zip code. Reports covering the
period of January 1 through June 30 shall be completed and

09700SB3522ham002 - 42 - LRB097 19115 AJO 70379 a
submitted no later than August 1 of the year that is the
subject of the report. Reports covering the period of July 1
through December 31 shall be completed and submitted no later
than February 1 of the year following the year that is the
subject of the report. Within 30 days after receiving such a
report, the Illinois Department of Financial and Professional
Regulation shall forward a copy of the report to the City of
Chicago Department of Housing and Economic Development.
(735 ILCS 5/15-1507.1)
(Section scheduled to be repealed on March 2, 2016)
Sec. 15-1507.1. Judicial sale fee for Abandoned
Residential Property Municipality Relief Fund.
(a) Upon and at the sale of residential real estate under
Section 15-1507, the purchaser shall pay to the person
conducting the sale pursuant to Section 15-1507 a fee of $750
for deposit into the Abandoned Residential Property
Municipality Relief Fund, a special fund created in the State
treasury, if the purchaser is a . The fee shall be calculated at
the rate of $1 for each $1,000 or fraction thereof of the
amount paid by the purchaser to the person conducting the sale,
as reflected in the receipt of sale issued to the purchaser,
provided that in no event shall the fee exceed $300. No fee
shall be paid by the mortgagee acquiring the residential real
estate pursuant to its credit bid at the sale or by any
mortgagee, judgment creditor, or other lienor acquiring the

09700SB3522ham002 - 43 - LRB097 19115 AJO 70379 a
residential real estate whose rights in and to the residential
real estate arose prior to the sale, and if the mortgagee,
judgment creditor, or other lienor, together with its
affiliates, has total assets greater than $10,000,000,000, or
if the mortgagee, judgment creditor, or other lienor is acting
at the sale on behalf of an entity that, together with its
affiliates, has total assets greater than $10,000,000,000. In
no instance shall this fee be assessed to any "bank" as defined
in paragraph (8) of subsection (a) of Section 9-102 of the
Uniform Commercial Code that, together with its affiliates, has
total assets of $10,000,000,000 or less. In no instance shall
this fee be assessed for any judicial sale completed before the
effective date of this amendatory Act of the 97th General
Assembly. Notwithstanding any other law to the contrary, the
Abandoned Residential Property Municipality Fund is not
subject to sweeps, administrative charge-backs, or any other
fiscal maneuver that would in any way transfer any amounts from
the Abandoned Residential Property Municipality Fund into any
other fund of the State. Upon confirmation of the sale under
Section 15-1508, the person conducting the sale shall remit the
fee to the clerk of the court in which the foreclosure case is
pending. The clerk shall remit the fee to the State Treasurer
as provided in this Section, to be expended for the purposes
set forth in Section 7.31 of the Illinois Housing Development
Act.
(b) All fees paid by purchasers as provided in this Section

09700SB3522ham002 - 44 - LRB097 19115 AJO 70379 a
shall be disbursed within 60 days after receipt by the clerk of
the court as follows: (i) 98% to the State Treasurer for
deposit into the Abandoned Residential Property Municipality
Relief Fund, and (ii) 2% to the clerk of the court for
administrative expenses related to implementation of this
Section.
(c) Not later than March 1 of each year, the clerk of the
court shall submit to the Illinois Housing Development
Authority a report of the funds collected and remitted during
the preceding year pursuant to this Section.
(d) Subsections (a) and (b) of this Section shall become
inoperative on January 1, 2018 2016. This Section is repealed
on March 2, 2018 2016.
(e) As used in this Section, "affiliate" means any company
that controls, is controlled by, or is under common control
with another company.
(Source: P.A. 96-1419, eff. 10-1-10.)
(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508)
Sec. 15-1508. Report of Sale and Confirmation of Sale.
(a) Report. The person conducting the sale shall promptly
make a report to the court, which report shall include a copy
of all receipts and, if any, certificate of sale.
(b) Hearing. Upon motion and notice in accordance with
court rules applicable to motions generally, which motion shall
not be made prior to sale, the court shall conduct a hearing to

09700SB3522ham002 - 45 - LRB097 19115 AJO 70379 a
confirm the sale. Unless the court finds that (i) a notice
required in accordance with subsection (c) of Section 15-1507
was not given, (ii) the terms of sale were unconscionable,
(iii) the sale was conducted fraudulently, or (iv) justice was
otherwise not done, the court shall then enter an order
confirming the sale. The confirmation order shall include a
name, address, and telephone number of the holder of the
certificate of sale or deed issued pursuant to that certificate
or, if no certificate or deed was issued, the purchaser, whom a
municipality or county may contact with concerns about the real
estate. The confirmation order may also:
(1) approve the mortgagee's fees and costs arising
between the entry of the judgment of foreclosure and the
confirmation hearing, those costs and fees to be allowable
to the same extent as provided in the note and mortgage and
in Section 15-1504;
(2) provide for a personal judgment against any party
for a deficiency; and
(3) determine the priority of the judgments of parties
who deferred proving the priority pursuant to subsection
(h) of Section 15-1506, but the court shall not defer
confirming the sale pending the determination of such
priority.
(b-3) Hearing to confirm sale of abandoned residential
property. Upon motion and notice by first-class mail to the
last known address of the mortgagor, which motion shall be made

09700SB3522ham002 - 46 - LRB097 19115 AJO 70379 a
prior to the sale and heard by the court at the earliest
practicable time after conclusion of the sale, and upon the
posting at the property address of the notice required by
paragraph (2) of subsection (l) of Section 15-1505.8, the court
shall enter an order confirming the sale of the abandoned
residential property, unless the court finds that a reason set
forth in items (i) through (iv) of subsection (b) of this
Section exists for not approving the sale, or an order is
entered pursuant to subsection (h) of Section 15-1505.8. The
confirmation order also may address the matters identified in
items (1) through (3) of subsection (b) of this Section. The
notice required under subsection (b-5) of this Section shall
not be required.
(b-5) Notice with respect to residential real estate. With
respect to residential real estate, the notice required under
subsection (b) of this Section shall be sent to the mortgagor
even if the mortgagor has previously been held in default. In
the event the mortgagor has filed an appearance, the notice
shall be sent to the address indicated on the appearance. In
all other cases, the notice shall be sent to the mortgagor at
the common address of the foreclosed property. The notice shall
be sent by first class mail. Unless the right to possession has
been previously terminated by the court, the notice shall
include the following language in 12-point boldface
capitalized type:
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO

09700SB3522ham002 - 47 - LRB097 19115 AJO 70379 a
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE
ILLINOIS MORTGAGE FORECLOSURE LAW.
(b-10) Notice of confirmation order sent to municipality or
county. A copy of the confirmation order required under
subsection (b) shall be sent to the municipality in which the
foreclosed property is located, or to the county within the
boundary of which the foreclosed property is located if the
foreclosed property is located in an unincorporated territory.
A municipality or county must clearly publish on its website a
single address to which a copy of the order such notice shall
be sent. If a municipality or county does not maintain a
website, then the municipality or county must publicly post in
its main office a single address to which a copy of the order
such notice shall be sent. In the event that a municipality or
county has not complied with the publication requirement in
this subsection (b-10), then a copy of the order such notice to
the municipality or county shall be sent by first class mail,
postage prepaid, to the chairperson of the county board or
county clerk in the case of a county, to the mayor or city
clerk in the case of a city, to the president of the board of
trustees or village clerk in the case of a village, or to the
president or town clerk in the case of a town provided pursuant
to Section 2-211 of the Code of Civil Procedure.
(b-15) Notice of confirmation order sent to known insurers.
With respect to residential real estate, the party filing the

09700SB3522ham002 - 48 - LRB097 19115 AJO 70379 a
complaint shall send a copy of the confirmation order required
under subsection (b) by first class mail, postage prepaid, to
the last-known property insurer of the foreclosed property.
Failure to send or receive a copy of the order shall not impair
or abrogate in any way the rights of the mortgagee or purchaser
or affect the status of the foreclosure proceedings.
(c) Failure to Give Notice. If any sale is held without
compliance with subsection (c) of Section 15-1507 of this
Article, any party entitled to the notice provided for in
paragraph (3) of that subsection (c) who was not so notified
may, by motion supported by affidavit made prior to
confirmation of such sale, ask the court which entered the
judgment to set aside the sale. Any such party shall guarantee
or secure by bond a bid equal to the successful bid at the
prior sale, unless the party seeking to set aside the sale is
the mortgagor, the real estate sold at the sale is residential
real estate, and the mortgagor occupies the residential real
estate at the time the motion is filed. In that event, no
guarantee or bond shall be required of the mortgagor. Any
subsequent sale is subject to the same notice requirement as
the original sale.
(d) Validity of Sale. Except as provided in subsection (c)
of Section 15-1508, no sale under this Article shall be held
invalid or be set aside because of any defect in the notice
thereof or in the publication of the same, or in the
proceedings of the officer conducting the sale, except upon

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good cause shown in a hearing pursuant to subsection (b) of
Section 15-1508. At any time after a sale has occurred, any
party entitled to notice under paragraph (3) of subsection (c)
of Section 15-1507 may recover from the mortgagee any damages
caused by the mortgagee's failure to comply with such paragraph
(3). Any party who recovers damages in a judicial proceeding
brought under this subsection may also recover from the
mortgagee the reasonable expenses of litigation, including
reasonable attorney's fees.
(d-5) Making Home Affordable Program. The court that
entered the judgment shall set aside a sale held pursuant to
Section 15-1507, upon motion of the mortgagor at any time prior
to the confirmation of the sale, if the mortgagor proves by a
preponderance of the evidence that (i) the mortgagor has
applied for assistance under the Making Home Affordable Program
established by the United States Department of the Treasury
pursuant to the Emergency Economic Stabilization Act of 2008,
as amended by the American Recovery and Reinvestment Act of
2009, and (ii) the mortgaged real estate was sold in material
violation of the program's requirements for proceeding to a
judicial sale. The provisions of this subsection (d-5), except
for this sentence, shall become inoperative on January 1, 2013
for all actions filed under this Article after December 31,
2012, in which the mortgagor did not apply for assistance under
the Making Home Affordable Program on or before December 31,
2012.

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(e) Deficiency Judgment. In any order confirming a sale
pursuant to the judgment of foreclosure, the court shall also
enter a personal judgment for deficiency against any party (i)
if otherwise authorized and (ii) to the extent requested in the
complaint and proven upon presentation of the report of sale in
accordance with Section 15-1508. Except as otherwise provided
in this Article, a judgment may be entered for any balance of
money that may be found due to the plaintiff, over and above
the proceeds of the sale or sales, and enforcement may be had
for the collection of such balance, the same as when the
judgment is solely for the payment of money. Such judgment may
be entered, or enforcement had, only in cases where personal
service has been had upon the persons personally liable for the
mortgage indebtedness, unless they have entered their
appearance in the foreclosure action.
(f) Satisfaction. Upon confirmation of the sale, the
judgment stands satisfied to the extent of the sale price less
expenses and costs. If the order confirming the sale includes a
deficiency judgment, the judgment shall become a lien in the
manner of any other judgment for the payment of money.
(g) The order confirming the sale shall include,
notwithstanding any previous orders awarding possession during
the pendency of the foreclosure, an award to the purchaser of
possession of the mortgaged real estate, as of the date 30 days
after the entry of the order, against the parties to the
foreclosure whose interests have been terminated.

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An order of possession authorizing the removal of a person
from possession of the mortgaged real estate shall be entered
and enforced only against those persons personally named as
individuals in the complaint or the petition under subsection
(h) of Section 15-1701 and in the order of possession and shall
not be entered and enforced against any person who is only
generically described as an unknown owner or nonrecord claimant
or by another generic designation in the complaint.
Notwithstanding the preceding paragraph, the failure to
personally name, include, or seek an award of possession of the
mortgaged real estate against a person in the confirmation
order shall not abrogate any right that the purchaser may have
to possession of the mortgaged real estate and to maintain a
proceeding against that person for possession under Article 9
of this Code or subsection (h) of Section 15-1701; and
possession against a person who (1) has not been personally
named as a party to the foreclosure and (2) has not been
provided an opportunity to be heard in the foreclosure
proceeding may be sought only by maintaining a proceeding under
Article 9 of this Code or subsection (h) of Section 15-1701.
(h) With respect to mortgaged real estate containing 5 or
more dwelling units, the order confirming the sale shall also
provide that (i) the mortgagor shall transfer to the purchaser
the security deposits, if any, that the mortgagor received to
secure payment of rent or to compensate for damage to the
mortgaged real estate from any current occupant of a dwelling

09700SB3522ham002 - 52 - LRB097 19115 AJO 70379 a
unit of the mortgaged real estate, as well as any statutory
interest that has not been paid to the occupant, and (ii) the
mortgagor shall provide an accounting of the security deposits
that are transferred, including the name and address of each
occupant for whom the mortgagor holds the deposit and the
amount of the deposit and any statutory interest.
(Source: P.A. 96-265, eff. 8-11-09; 96-856, eff. 3-1-10;
96-1245, eff. 7-23-10; 97-333, eff. 8-12-11; 97-575, eff.
8-26-11.)
Section 20. The Conveyances Act is amended by changing
Section 11 as follows:
(765 ILCS 5/11) (from Ch. 30, par. 10)
Sec. 11. (a) Mortgages of lands may be substantially in the
following form:
The Mortgagor (here insert name or names), mortgages and
warrants to (here insert name or names of mortgagee or
mortgagees), to secure the payment of (here recite the nature
and amount of indebtedness, showing when due and the rate of
interest, and whether secured by note or otherwise), the
following described real estate (here insert description
thereof), situated in the County of ...., in the State of
Illinois.
Dated (insert date).
(signature of mortgagor or mortgagors)

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The names of the parties shall be typed or printed below
the signatures. Such form shall have a blank space of 3 1/2
inches by 3 1/2 inches for use by the recorder. However, the
failure to comply with the requirement that the names of the
parties be typed or printed below the signatures and that the
form have a blank space of 3 1/2 inches by 3 1/2 inches for use
by the recorder shall not affect the validity and effect of
such form.
Such mortgage, when otherwise properly executed, shall be
deemed and held a good and sufficient mortgage in fee to secure
the payment of the moneys therein specified; and if the same
contains the words "and warrants," the same shall be construed
the same as if full covenants of ownership, good right to
convey against incumbrances of quiet enjoyment and general
warranty, as expressed in Section 9 of this Act were fully
written therein; but if the words "and warrants" are omitted,
no such covenants shall be implied. When the grantor or
grantors in such deed or mortgage for the conveyance of any
real estate desires to release or waive his, her or their
homestead rights therein, they or either of them may release or
waive the same by inserting in the form of deed or mortgage (as
the case may be), provided in Sections 9, 10 and 11, after the
words "State of Illinois," in substance the following words,
"hereby releasing and waiving all rights under and by virtue of
the homestead exemption laws of this State."

09700SB3522ham002 - 54 - LRB097 19115 AJO 70379 a
Mortgages securing "reverse mortgage" loans shall be
subject to this Section except where requirements concerning
the definiteness of the term and amount of indebtedness
provisions of a mortgage would be inconsistent with the Acts
authorizing "reverse mortgage" loans, or rules and regulations
promulgated under those Acts.
Mortgages securing "revolving credit" loans shall be
subject to this Section.
(b) The provisions of subsection (a) regarding the form of
a mortgage are, and have always been, permissive and not
mandatory. Accordingly, the failure of an otherwise lawfully
executed and recorded mortgage to be in the form described in
subsection (a) in one or more respects, including the failure
to state the interest rate or the maturity date, or both, shall
not affect the validity or priority of the mortgage, nor shall
its recordation be ineffective for notice purposes regardless
of when the mortgage was recorded.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.".