Illinois 99th Regular Session Status: Enacted

SB 735 — FORECLOSRE-SPEC REPRESENTATIVE

Last action — Public Act . . . . . . . . . 99-0024

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. In provisions outlining under which circumstances the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action, adds situations where there is a: (i) beneficiary under a transfer on death instrument; (ii) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (iii) person or entity that was conveyed title to the property under the administration of the deceased's estate; or (iv) trust that was conveyed title to the property.

Bill Text

What changed in the latest version

6 added · 6 removed

Plain-language change summary

The updated version of SB 735 shows that specific lines have been added and others removed, indicating adjustments made to the language and details of the bill. While the specifics of the changes are not outlined here, such modifications typically aim to clarify intentions, address concerns raised during discussions, or streamline the bill's provisions. These updates are important because they can affect how the law will be implemented and who will be impacted by it.

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SB0735 Engrossed LRB099 07334 HEP 27444 b AN ACT concerning civil law.
SB0735 Enrolled LRB099 07334 HEP 27444 b AN ACT concerning civil law.
SB0735 Engrossed - 2 - LRB099 07334 HEP 27444 b (2) A mortgagor's spouse who has waived the right of homestead;
SB0735 Enrolled - 2 - LRB099 07334 HEP 27444 b (2) A mortgagor's spouse who has waived the right of homestead;
Any unknown owner may be made a party in accordance with Section 2-413 of the Code of Civil SB0735 Engrossed - 3 - LRB099 07334 HEP 27444 b Procedure.
Any unknown owner may be made a party in accordance with Section 2-413 of the Code of Civil SB0735 Enrolled - 3 - LRB099 07334 HEP 27444 b Procedure.
After the right to intervene expires and prior to the sale in accordance with the judgment, the court may permit a person who has or claims SB0735 Engrossed - 4 - LRB099 07334 HEP 27444 b an interest in the mortgaged real estate to appear and become a party on such terms as the court may deem just.
After the right to intervene expires and prior to the sale in accordance with the judgment, the court may permit a person who has or claims SB0735 Enrolled - 4 - LRB099 07334 HEP 27444 b an interest in the mortgaged real estate to appear and become a party on such terms as the court may deem just.
Any mortgagee or claimant, other than the mortgagee who commences a foreclosure, whose interest in the mortgaged real estate is recorded prior to the filing of a notice of foreclosure in accordance with this Article but who is not made a party to such foreclosure, shall not be barred from filing a separate foreclosure (i) as an intervening defendant or counterclaimant in accordance with subsections (d) and (e) of Section 15-1501 if a judgment of foreclosure has SB0735 Engrossed - 5 - LRB099 07334 HEP 27444 b not been entered in the original foreclosure or (ii) in a new foreclosure subsequent to the entry of a judgment of foreclosure in the original foreclosure.
Any mortgagee or claimant, other than the mortgagee who commences a foreclosure, whose interest in the mortgaged real estate is recorded prior to the filing of a notice of foreclosure in accordance with this Article but who is not made a party to such foreclosure, shall not be barred from filing a separate foreclosure (i) as an intervening defendant or counterclaimant in accordance with subsections (d) and (e) of Section 15-1501 if a judgment of foreclosure has SB0735 Enrolled - 5 - LRB099 07334 HEP 27444 b not been entered in the original foreclosure or (ii) in a new foreclosure subsequent to the entry of a judgment of foreclosure in the original foreclosure.
(4) person, persons, or entity that was conveyed title SB0735 Engrossed - 6 - LRB099 07334 HEP 27444 b to the property from the deceased mortgagor's probate estate by the administrator or executor;
(4) person, persons, or entity that was conveyed title SB0735 Enrolled - 6 - LRB099 07334 HEP 27444 b to the property from the deceased mortgagor's probate estate by the administrator or executor;
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Action History

  1. Public Act . . . . . . . . . 99-0024

  2. Effective Date January 1, 2016

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Added Alternate Chief Co-Sponsor Rep. Carol Ammons

  7. Third Reading - Short Debate - Passed 115-000-000

  8. Placed on Calendar Order of 3rd Reading - Short Debate

  9. Second Reading - Short Debate

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate Judiciary - Civil Committee; 010-000-000

  12. Assigned to Judiciary - Civil Committee

  13. Referred to Rules Committee

  14. First Reading

  15. Chief House Sponsor Rep. Lou Lang

  16. Arrived in House

  17. Third Reading - Passed; 052-000-000

  18. Placed on Calendar Order of 3rd Reading March 5, 2015

  19. Second Reading

  20. Placed on Calendar Order of 2nd Reading February 19, 2015

  21. Do Pass Judiciary; 010-000-000

  22. Assigned to Judiciary

  23. Referred to Assignments

  24. First Reading

  25. Filed with Secretary by Sen. John G. Mulroe

Sponsors

  • John G. Mulroe · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John G. Mulroe

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 115 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Democrat 28000
Republican 6000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Sandack — Yea
Smiddy — Yea
Sommer — Yea
Soto — Yea
Willis — Yea
Zalewski — Yea
Acevedo — Yea
Andersson — Yea
Anthony — Yea
Arroyo — Yea
Batinick — Yea
Beiser — Yea
Bellock — Yea
Mautino — Yea
Bourne — Yea
Breen — Yea
Brown — Yea
Butler — Yea
McAsey — Yea
Costello — Yea
Durkin — Yea
Hurley — Yea
Jesiel — Yea
Nekritz — Yea
Phelps — Yea
Phillips — Yea
Sente — Yea
Bennett — Yea
Harris, David — Yea
Harris, Greg — Yea
Bradley — Yea
Brady — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Frese — Yea
Golar — Yea
Hays — Yea
Hernandez — Yea
Lang — Yea
Leitch — Yea
McAuliffe — Yea
McDermed — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
McSweeney — Yea
Sullivan — Yea
Moffitt — Yea
Stewart — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Verschoore — Yea
Wallace — Yea
Davis, Monique — Yea
Wheeler, Barbara — Yea
Wheeler, Keith — Yea
Williams — Yea
Wehrli — Yea
Mitchell, Bill — Yea
Winger — Yea
Mitchell, Christian — Yea
Yingling — Yea
Cavaletto — Yea
Cloonen — Yea
Conroy — Yea
Currie — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Dunkin — Yea
Ives — Yea
Jackson — Yea
Jones — Not Voting
Madigan — Not Voting
Tryon — Not Voting
Kay — Yea
Poe — Yea
Pritchard — Yea
Reaves-Harris — Yea
Reis — Yea
Riley — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Terri Bryant Republican Yea

Third Reading

Passed 52 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 36006
Republican 4000
Democrat 12001
Total 52007
% of votes cast 88%0%0%12%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Kotowski — Not Voting
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
McCarter — Yea
McConnaughay — Yea
Hutchinson — Not Voting
Link — Yea
Luechtefeld — Yea
Manar — Yea
Mulroe — Yea
Radogno — Yea
Silverstein — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Brady — Yea
Sullivan — Yea
Clayborne — Yea
Duffy — Yea
Haine — Yea
Cullerton, T. — Yea
Cullerton — Yea
LaHood — Yea
Landek — Yea
Harris — Not Voting
McCann — Not Voting
Muñoz — Yea
Nybo — Yea
Oberweis — Yea
Trotter — Yea
Connelly — Yea
Forby — Not Voting
Noland — Yea
Raoul — Not Voting
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Not Voting
Michael E. Hastings Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dave Syverson Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 735 do?
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. In provisions outlining under which circumstances the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action, adds situations where there is a: (i) beneficiary under a transfer on death instrument; (ii) person or entity that was conveyed title to the property by the deceased mortgagor prior to death; (iii) person or entity that was conveyed title to the property under the administration of the deceased's estate; or (iv) trust that was conveyed title to the property.
Who sponsors SB 735?
SB 735 is sponsored by John G. Mulroe.
What is the current status of SB 735?
This bill has been enacted into law. Introduced February 03, 2015. Enacted.
Where can I track SB 735?
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