Bill Text: IL HB1293 | 2011-2012 | 97th General Assembly | Amended

---

Bill Title: Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that special matters in the judgment may include the person who shall be the officer to conduct the sale (rather than an official or other person who shall be the officer to conduct the sale other than the one customarily designated by the court). Provides that unless a person is appointed pursuant to a motion, the person conducting the sale shall be any person previously appointed by any circuit court to conduct a foreclosure sale prior to the effective date of the amendatory Act, any judge, or the sheriff of the county in which the real estate is located (instead of a sale may be conducted by any judge or sheriff). Provides that a copy of the notice of foreclosure of residential real estate shall be sent to the municipality or county in which the property is located by first class mail (instead of sent pursuant to the Code of Civil Procedure). Provides that the mortgagee, judgment creditor, or other lien holder shall furnish the confirmation order to the last-known insurer of a residential building in writing by first-class mail. Provides that the failure to send or receive a copy of the order does not affect the rights of the mortgagee or purchaser or affect the foreclosure proceedings. Makes other changes. Provides that certain provisions take effect upon becoming law.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1293 Detail]

Download: Illinois-2011-HB1293-Amended.html

---

Sen. Jeffrey M. Schoenberg

Filed: 5/19/2011

09700HB1293sam002 LRB097 07425 AJO 55909 a
AMENDMENT TO HOUSE BILL 1293
AMENDMENT NO. ______. Amend House Bill 1293 on page 1, line
5, after "15-1508", by inserting "and by adding Section
15-1507.2"; and
on page 12, below line 21, by inserting the following:
"(735 ILCS 5/15-1507.2 new)
Sec. 15-1507.2. Judicial sale fee for mortgage
foreclosures.
(a) Upon and at the sale of real estate under Section
15-1507, the purchaser, other than the mortgagee acquiring the
real estate pursuant to its credit bid at the sale or any
mortgagee, judgment creditor, or other lienor acquiring the
real estate whose rights in and to the real estate arose prior
to the sale, shall pay to the person conducting the sale
pursuant to Section 15-1507 a fee of $300. Upon confirmation of
the sale under Section 15-1508, the person conducting the sale

09700HB1293sam002 - 2 - LRB097 07425 AJO 55909 a
shall remit the fee to the clerk of the court in which the
foreclosure case is pending. The fees paid under this Section
shall be disbursed after receipt by the clerk of the court to
the county in which the real estate is located for deposit into
the general revenue fund of that county.
(b) This Section is repealed 4 years after the effective
date of this amendatory Act of the 97th General Assembly."; and
on page 19 by replacing lines 13 through 15 with the following:
"Section 99. Effective date. This Act takes effect January
1, 2012.".