Illinois 101st Regular Session Status: Enacted 3 D cosponsors

SB 138 — CIV PRO-SHORT SALE RESALE

Last action — Public Act . . . . . . . . . 101-0396

Track this bill free

No card. One bill, free forever — alerts when it moves.

  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 January 29, 2019. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 5 sponsors

    0 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • 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 relation to short sales of property. Provides that, if an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum. Provides that, at the time of an offer, specified disclosures shall be made to the mortgagee in connection with any purchase of a sale. Provides that, upon request by the mortgagee, a certified community development financial institution shall provide documentation evidencing its current certification status. Effective immediately. Senate Committee Amendment No. 1 Provides that "residential property" is limited to the primary (rather than the principal) residence of a person. Provides that specified disclosures shall be made to the mortgagee by the mortgagor. Provides that nothing in the new provisions shall impair, abrogate, or abridge in any manner the rights of the mortgagee to accept or reject an offer to purchase either a mortgage or residential property, nor shall it give rise to a cause of action.

Bill Text

What changed in the latest version

3 added · 3 removed

Plain-language change summary

The latest version of Bill SB 138 includes some new lines that were added, while also removing the previous lines from the earlier version. This change reflects updates or clarifications that lawmakers deemed necessary to improve the bill. It's important because it ensures that the bill is clear and addresses key issues more effectively.

→
Previous
Latest
SB0138 Engrossed LRB101 05495 LNS 50509 b AN ACT concerning civil law.
SB0138 Enrolled LRB101 05495 LNS 50509 b AN ACT concerning civil law.
(ii) "residential property" does not include an SB0138 Engrossed - 2 - LRB101 05495 LNS 50509 b investment property or residence other than a primary residence;
(ii) "residential property" does not include an SB0138 Enrolled - 2 - LRB101 05495 LNS 50509 b investment property or residence other than a primary residence;
(d) If an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum SB0138 Engrossed - 3 - LRB101 05495 LNS 50509 b limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum.
(d) If an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum SB0138 Enrolled - 3 - LRB101 05495 LNS 50509 b limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum.
⬇ Download PDF
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 101-0396

  2. Effective Date August 16, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 111-005-000

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

  8. Held on Calendar Order of Second Reading - Short Debate

  9. Second Reading - Short Debate

  10. Placed on Calendar 2nd Reading - Short Debate

  11. Do Pass / Short Debate Executive Committee; 013-000-000

  12. Motion to Suspend Rule 21 - Prevailed

  13. Motion Filed to Suspend Rule 21 Executive Committee; Rep. Gregory Harris

  14. Final Action Deadline Extended-9(b) May 31, 2019

  15. Assigned to Executive Committee

  16. Rule 19(a) / Re-referred to Rules Committee

  17. Added Alternate Chief Co-Sponsor Rep. Arthur Turner

  18. Assigned to Executive Committee

  19. Referred to Rules Committee

  20. First Reading

  21. Chief House Sponsor Rep. Curtis J. Tarver, II

  22. Arrived in House

  23. Third Reading - Passed; 053-000-000

  24. Placed on Calendar Order of 3rd Reading March 21, 2019

  25. Second Reading

  26. Placed on Calendar Order of 2nd Reading March 14, 2019

  27. Do Pass as Amended Financial Institutions; 007-000-000

  28. Senate Committee Amendment No. 1 Adopted

  29. Senate Committee Amendment No. 1 Assignments Refers to Financial Institutions

  30. Postponed - Financial Institutions

  31. Senate Committee Amendment No. 1 Referred to Assignments

  32. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins

  33. Added as Chief Co-Sponsor Sen. Don Harmon

  34. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  35. Assigned to Financial Institutions

  36. Referred to Assignments

  37. First Reading

  38. Filed with Secretary by Sen. Jacqueline Y. Collins

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 5 co-sponsors · 178 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (5)

Not signed on (178)

178 members have not signed on to this bill.

Show all 178 →

"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 111 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 18200
Democrat 49000
Unaffiliated 44302
Total 111502
% of votes cast 94%4%0%2%
How each member voted (118)
Member Party Vote
Reitz — Yea
Arroyo — Yea
Robinson — Yea
Batinick — Yea
Harris — Yea
Bennett — Yea
Bourne — Yea
Brady — Yea
Bristow — Yea
Sommer — Yea
Hurley — Yea
Jones — Yea
Kalish — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Turner — Yea
Marron — Yea
Connor — Yea
Unes — Yea
Conroy — Yea
Mazzochi — Yea
McAuliffe — Yea
D'Amico — Yea
McDermed — Yea
Davis — Yea
Wehrli — Yea
McSweeney — Yea
Demmer — Yea
Welter — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Yingling — Yea
Pappas — Yea
Zalewski — Yea
Parkhurst — Yea
Ramirez — Yea
Greenwood — Yea
Bailey — Nay
Skillicorn — Nay
Caulkins — Nay
Thapedi — Not Voting
Madigan — Not Voting
Costa Howard — Yea
Williams, Jawaharial — Yea
Aarón M. Ortíz Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez 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
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Nay
Charles Meier Republican Yea
Chris Miller Republican Nay
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 23003
Democrat 17003
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Link — Yea
Manar — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Stewart — Yea
Harris — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Righter — Yea
Sandoval — Not Voting
Bertino-Tarrant — Not Voting
Oberweis — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Not Voting
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

finance 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 138 do?
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure in relation to short sales of property. Provides that, if an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum. Provides that, at the time of an offer, specified disclosures shall be made to the mortgagee in connection with any purchase of a sale. Provides that, upon request by the mortgagee, a certified community development financial institution shall provide documentation evidencing its current certification status. Effective immediately. Senate Committee Amendment No. 1 Provides that "residential property" is limited to the primary (rather than the principal) residence of a person. Provides that specified disclosures shall be made to the mortgagee by the mortgagor. Provides that nothing in the new provisions shall impair, abrogate, or abridge in any manner the rights of the mortgagee to accept or reject an offer to purchase either a mortgage or residential property, nor shall it give rise to a cause of action.
Who sponsors SB 138?
SB 138 is sponsored by Iris Y. Martinez, Don Harmon (Democrat), Curtis J. Tarver, II (Democrat), Arthur Turner, and Lakesia Collins (Democrat).
What is the current status of SB 138?
This bill has been enacted into law. Introduced January 29, 2019. Enacted.
Where can I track SB 138?
Track SB 138 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 138

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 138

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →