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SB2919 Enrolled LRB103 35721 LNS 65801 b AN ACT concerning civil law.
*LRB10335721JRC71612a* Sen.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Robert F.
Section 5.
Martwick Filed:
The Code of Civil Procedure is amended by changing Section 15-1507 and by adding Sections 15-1507.2 and 15-1510.1 as follows:
4/3/2024 10300SB2919sam001 LRB103 35721 JRC 71612 a AMENDMENT TO SENATE BILL 2919 AMENDMENT NO.
(735 ILCS 5/15-1507) (from Ch.
______.
Amend Senate Bill 2919 by replacing everything after the enacting clause with the following:
"Section 5.
The Code of Civil Procedure is amended by changing Sections 15-1506 and 15-1507 and by adding Sections 15-1507.2 and 15-1510.1 as follows:
(735 ILCS 5/15-1506) (from Ch.
15-1506) Sec.
15-1506.
Judgment.
(a) Evidence.
In the trial of a foreclosure, the evidence to support the allegations of the complaint shall be taken in open court, except:
(1) where an allegation of fact in the complaint is not denied by a party's verified answer or verified counterclaim, or where a party pursuant to subsection (b) of Section 2-610 of the Code of Civil Procedure states, or is deemed to have stated, in its pleading that it has no 10300SB2919sam001 -2- LRB103 35721 JRC 71612 a knowledge of such allegation sufficient to form a belief and attaches the required affidavit, a sworn verification of the complaint or a separate affidavit setting forth such fact is sufficient evidence thereof against such party and no further evidence of such fact shall be required;
and (2) where all the allegations of fact in the complaint have been proved by verification of the complaint or affidavit, the court upon motion supported by an affidavit stating the amount which is due the mortgagee, shall enter a judgment of foreclosure as requested in the complaint.
(b) Instruments.
In all cases the evidence of the indebtedness and the mortgage foreclosed shall be exhibited to the court and appropriately marked, and copies thereof shall be filed with the court.
(c) Summary and Default Judgments.
Nothing in this Section 15-1506 shall prevent a party from obtaining a summary or default judgment authorized by Article II of the Code of Civil Procedure.
(d) Notice of Entry of Default.
When any judgment in a foreclosure is entered by default, notice of such judgment shall be given in accordance with Section 2-1302 of the Code of Civil Procedure.
(e) Matters Required in Judgment.
A judgment of foreclosure shall include the last date for redemption and all rulings of the court entered with respect to each request for 10300SB2919sam001 -3- LRB103 35721 JRC 71612 a relief set forth in the complaint.
The omission of the date for redemption shall not extend the time for redemption or impair the validity of the judgment.
(f) Special Matters in Judgment.
Without limiting the general authority and powers of the court, special matters may be included in the judgment of foreclosure if sought by a party in the complaint or by separate motion.
Such matters may include, without limitation:
(1) a manner of sale other than public auction;
(2) a sale by sealed bid;
(3) an official or other person who shall be the officer to conduct the sale other than the one customarily designated by the court;
(4) provisions for non-exclusive broker listings or designating a duly licensed real estate broker nominated by one of the parties to exclusively list the real estate for sale;
(5) the fees or commissions to be paid out of the sale proceeds to the listing or other duly licensed broker, if any, who shall have procured the accepted bid;
(6) the fees to be paid out of the sale proceeds to an auctioneer, if any, who shall have been authorized to conduct a public auction sale;
(7) whether and in what manner and with what content signs shall be posted on the real estate;
(8) a particular time and place at which such bids 10300SB2919sam001 -4- LRB103 35721 JRC 71612 a shall be received;
(9) a particular newspaper or newspapers in which notice of sale shall be published;
(10) the format for the advertising of such sale, including the size, content and format of such advertising, and additional advertising of such sale;
(11) matters or exceptions to which title in the real estate may be subject at the sale;
(12) a requirement that title insurance in a specified form be provided to a purchaser at the sale, and who shall pay for such insurance;
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(13) whether and to what extent bids with mortgage or other contingencies will be allowed;
(14) such other matters as approved by the court to ensure sale of the real estate for the most commercially favorable price for the type of real estate involved.
(g) Agreement of the Parties.
If all of the parties agree in writing on the minimum price and that the real estate may be sold to the first person who offers in writing to purchase the real estate for such price, and on such other commercially reasonable terms and conditions as the parties may agree, then the court shall order the real estate to be sold on such terms, subject to confirmation of the sale in accordance with Section 15-1508.
(h) Postponement of Proving Priority.
With the approval of the court prior to the entry of the judgment of foreclosure, a 10300SB2919sam001 -5- LRB103 35721 JRC 71612 a party claiming an interest in the proceeds of the sale of the mortgaged real estate may defer proving the priority of such interest until the hearing to confirm the sale.
(i) Effect of Judgment and Lien.
(1) Upon the entry of the judgment of foreclosure, all rights of a party in the foreclosure against the mortgagor provided for in the judgment of foreclosure or this Article shall be secured by a lien on the mortgaged real estate, which lien shall have the same priority as the claim to which the judgment relates and shall be terminated upon confirmation of a judicial sale in accordance with this Article.
(2) Upon the entry of the judgment of foreclosure, the rights in the real estate subject to the judgment of foreclosure of (i) all persons made a party in the foreclosure and (ii) all nonrecord claimants given notice in accordance with paragraph (2) of subsection (c) of Section 15-1502, shall be solely as provided for in the judgment of foreclosure and in this Article.
(3) Entry of a judgment of foreclosure does not terminate or otherwise affect a bona fide lease of a dwelling unit in residential real estate in foreclosure, whether or not the lessee has been made a party in the foreclosure.
(Source:
P.A.
98-514, eff.
11-19-13.) 10300SB2919sam001 -6- LRB103 35721 JRC 71612 a (735 ILCS 5/15-1507) (from Ch.
110, par.
(1) Upon expiration of the reinstatement period and the redemption period in accordance with subsection (b) or (c) of Section 15-1603 or upon the entry of a judgment of foreclosure after the waiver of all rights of redemption, except as provided in subsection (g) of Section 15-1506, the real estate shall be sold at a sale as provided in this Article, on such terms and conditions as shall be specified by the court in the judgment of foreclosure.
(1) Upon expiration of the reinstatement period and the redemption period in accordance with subsection (b) or (c) of Section 15-1603 or upon the entry of a judgment of foreclosure after the waiver of all rights of redemption, except as provided in subsection (g) of Section 15-1506, the real estate shall be sold at a sale as provided in this Article, on such terms and conditions as shall be specified by the person conducting the sale court in the judgment of foreclosure.
A sale may be conducted by any judge, or sheriff, or other person as set forth in paragraph (3) of subsection (f) of SB2919 Enrolled - 2 - LRB103 35721 LNS 65801 b Section 15-1506.
A sale may be conducted by any judge, or sheriff, or other person as set forth in paragraph (3) of subsection (f) of Section 15-1506.
(2) Without limiting the general authority and powers of the court, the mortgagee, in a foreclosure under this Article, may request that the judge, sheriff, or other person conduct the sale either in person, online, or both, if available.
The person conducting the sale has the discretion to set the terms of the sale.
(2) Without limiting the general authority and powers of the court, the mortgagee, in a foreclosure under this Article may request that the judge, sheriff, or other person conduct the sale either in person, if available, or online or both.
The mortgagee, or such other party designated by the court, in a foreclosure under this Article shall give public notice of the sale as follows:
The mortgagee, or such other party 10300SB2919sam001 -7- LRB103 35721 JRC 71612 a designated by the court, in a foreclosure under this Article shall give public notice of the sale as follows:
SB2919 Enrolled - 3 - LRB103 35721 LNS 65801 b (i) whether the sale will take place online, in person, or both;
(i) whether the sale will take place online, in person, or both;
(H-1) in the case of a condominium unit to which subsection (g) of Section 9 of the Condominium Property Act applies, the statement required by subdivision (g)(5) of Section 9 of the Condominium Property Act;
10300SB2919sam001 -8- LRB103 35721 JRC 71612 a (H-1) in the case of a condominium unit to which subsection (g) of Section 9 of the Condominium Property Act applies, the statement required by subdivision (g)(5) of Section 9 of the Condominium Property Act;
(i) (A) advertisements in a newspaper circulated to the general public in the county in which the real estate is located, in the section of that newspaper where legal SB2919 Enrolled - 4 - LRB103 35721 LNS 65801 b notices are commonly placed and (B) separate advertisements in the section of such a newspaper, which (except in counties with a population in excess of 3,000,000) may be the same newspaper, in which real estate other than real estate being sold as part of legal proceedings is commonly advertised to the general public;
(i) (A) advertisements in a newspaper circulated to the general public in the county in which the real estate is located, in the section of that newspaper where legal notices are commonly placed and (B) separate advertisements in the section of such a newspaper, which (except in counties with a population in excess of 3,000,000) may be the same newspaper, in which real estate other than real estate being sold as part of legal proceedings is commonly advertised to the general public;
provided, that the separate advertisements in the real estate section need not include a legal description and that where both advertisements could be published in the same newspaper and that newspaper does not have separate legal notices and real estate advertisement sections, a single advertisement with the legal description shall be sufficient;
provided, that the separate advertisements in the real 10300SB2919sam001 -9- LRB103 35721 JRC 71612 a estate section need not include a legal description and that where both advertisements could be published in the same newspaper and that newspaper does not have separate legal notices and real estate advertisement sections, a single advertisement with the legal description shall be sufficient;
Such notice shall be given in the manner provided in the applicable rules of SB2919 Enrolled - 5 - LRB103 35721 LNS 65801 b court for service of papers other than process and complaint, not more than 45 days nor less than 7 days prior to the day of sale.
Such notice shall be given in the manner provided in the applicable rules of court for service of papers other than process and complaint, not more than 45 days nor less than 7 days prior to the day of sale.
(4) The party who gives notice of public sale in accordance with subsection (c) of Section 15-1507 shall again give notice in accordance with that Section of any adjourned sale;
10300SB2919sam001 -10- LRB103 35721 JRC 71612 a (4) The party who gives notice of public sale in accordance with subsection (c) of Section 15-1507 shall again give notice in accordance with that Section of any adjourned sale;
SB2919 Enrolled - 6 - LRB103 35721 LNS 65801 b (6) No other notice by publication or posting shall be necessary unless required by order or rule of the court.
(6) No other notice by publication or posting shall be necessary unless required by order or rule of the court.
If the real estate which is the subject of a judgment of foreclosure is susceptible of division, the court may order it to be sold as necessary to satisfy the judgment.
If the real estate which is the 10300SB2919sam001 -11- LRB103 35721 JRC 71612 a subject of a judgment of foreclosure is susceptible of division, the court may order it to be sold as necessary to satisfy the judgment.
The Certificate of Sale shall further indicate that it is subject SB2919 Enrolled - 7 - LRB103 35721 LNS 65801 b to confirmation by the court.
The Certificate of Sale shall further indicate that it is subject to confirmation by the court.
(Source:
10300SB2919sam001 -12- LRB103 35721 JRC 71612 a (Source:
(d) The sheriff or other person may charge an additional fee as a reasonable expense of the sale for costs associated SB2919 Enrolled - 8 - LRB103 35721 LNS 65801 b with conducting the sale online.
(d) The sheriff or other person may charge an additional fee payable upon the completion of the sale as a reasonable expense of the sale for costs associated with conducting the sale online as approved by the court.
(e) For any foreclosure involving residential real estate, the fee set forth in subsection (d) may not exceed $400, unless a higher fee is otherwise approved by the court.
(c-1) For any foreclosure involving residential real estate, such fee must not to exceed $400, unless a higher fee is otherwise approved by the court.
Any fees not charged as a cost in the case may be agreed to and paid directly by the judge, sheriff, other person conducting the sale or a party to 10300SB2919sam001 -13- LRB103 35721 JRC 71612 a the case without limitation.
The fees charged under this section shall not reduce or impact the sheriff's fees set for in Section 4-5001 and 4-12001 of the Counties Code.
(e) For any foreclosure involving residential real estate, the fee charged under this Section must not exceed $400, unless a higher fee is otherwise approved by the court.
The fees charged under this Section shall not reduce or impact the sheriff's fees set forth in Section 4-5001 and 4-12001 of the Counties Code.
The fees shall not reduce or impact the sheriff's fees set for in Section 4-5001 and 4-12001 of the Counties Code.
(f) To conduct a sale online, the sheriff or other person conducting the sale must demonstrate to the court's satisfaction documented processes and procedures for conducting online auctions, adequate recordkeeping, and the ability to comply with the requirements in this Article.
(f) To conduct a sale online, the sheriff or other person conducting the sale must demonstrate to the court's satisfaction documented processes and procedures for conducting online auctions, adequate record keeping, and the ability to comply with the requirements in this Article.
(i) Any third-party online sale provider may not maintain custody of sale funds on behalf of the judge, sheriff, or other SB2919 Enrolled - 9 - LRB103 35721 LNS 65801 b person conducting the sale unless specifically approved by the court to maintain custody of funds on their behalf.
10300SB2919sam001 -14- LRB103 35721 JRC 71612 a (i) Any third-party online sale provider may not maintain custody of sale funds on behalf of the judge, sheriff, or other person conducting the sale unless specifically approved by the court to maintain custody of funds on their behalf.
If a bidder's identity cannot be verified through the verification process, then the bidder may be prohibited from participating in the online sale.
If a bidder's identity cannot be verified through the verification process, then the bidder may 10300SB2919sam001 -15- LRB103 35721 JRC 71612 a be prohibited from participating in the online sale.
(n) The purchaser at the sale shall submit to the person SB2919 Enrolled - 10 - LRB103 35721 LNS 65801 b conducting the sale the following information prior to the sale being finalized:
(n) The purchaser at the sale shall submit to the person conducting the sale the following information prior to the sale being finalized:
(2) If the purchaser is an individual, the information shall include the individual's name, physical mailing address, electronic mail address, and any other information requested by the person conducting the sale to adequately identify and contact the purchaser.
(2) If the purchaser is an individual, the information shall include the individual's name, physical mailing address, electronic mail address, and any other information requested by the person conducting the sale to adequately identify and contact the purchaser;
(4) The purchaser must provide the sale deposit, if applicable, and the balance due to the sheriff or other person conducting the sale at least 24 hours after the end of the sale, unless otherwise set forth by the sheriff or other person conducting the sale, in the form designated SB2919 Enrolled - 11 - LRB103 35721 LNS 65801 b by the sheriff or other person conducting the sale.
(4) If the purchaser fails to provide the required information within the time period designated by the judge, sheriff, or other person conducting the sale, the 10300SB2919sam001 -16- LRB103 35721 JRC 71612 a purchaser is in default and the judge, sheriff, or other person conducting the sale may void the sale and proceed with a resale.
(5) If the purchaser fails to provide the required information within the time period designated by the judge, sheriff, or other person conducting the sale, the purchaser is in default and the judge, sheriff, or other person conducting the sale may void the sale and proceed with a resale.
(o) Any person conducting a sale online must obtain evidence of satisfactory internal informational security controls that meet industry standards and are maintained by the platform used to conduct online sales.
(o) Any person conducting a sale online must maintain evidence of satisfactory internal informational security controls that meet industry standards and are maintained by the platform used to conduct online sales.
Upon the request of the court or interested party to the case, the person conducting the sale shall provide such evidence of satisfactory internal controls regarding data security that may be in the form of an annual SOC2 Report, with the ability to test and report on the design effectiveness (Type 1) and operating effectiveness (Type 2) of the platform's controls, or another form acceptable to the court ensuring performance and security requirements are met.
Such evidence of satisfactory internal controls regarding data security may be in the form of an annual SOC 2 Report certification, with the ability to test and report on the design effectiveness (Type 1) and operating effectiveness (Type 2) of the platform's controls, or another form ensuring performance and security requirements are met.
(p) The person conducting the sale and the third-party online sale provider may engage in activities to promote and market the sale to encourage and facilitate bidding, including listing the property on real estate websites and conduct email campaigns.
(p) The person conducting the sale and the third-party online sale provider may engage in activities to promote and market the sale to encourage and facilitate bidding, including listing the property on real estate websites and conducting email campaigns.
(q) In every sale conducted online of residential real SB2919 Enrolled - 12 - LRB103 35721 LNS 65801 b estate, (1) the sale may be held open for bidding for up to 3 days and extended by the person conducting the sale as needed to allow for all active competitive bidding to occur, counted in accordance with Section 1.11 of the Statute on Statutes;
and (2) bidding shall be open to everyone for the entire duration of the bidding period.
Notwithstanding any other provision of law to the contrary, for the sale of residential real estate, no fee, including a buyer's premium, may be charged to a third-party bidder or purchaser who is not a party to the case at the sale of real estate under this Article beyond the winning bid amount to cover an expense of conducting the sale.
Notwithstanding any other provision of law to the contrary, 10300SB2919sam001 -17- LRB103 35721 JRC 71612 a for the sale of residential real estate, no fee, including a buyer's premium, may be charged to a third-party bidder or purchaser who is not a party to the case at the sale of real estate under this Article beyond the winning bid amount to cover an expense of sale.".