Amendment vs bill House Amendment 002 vs Enrolled

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SB2919 Enrolled LRB103 35721 LNS 65801 b AN ACT concerning civil law.
*LRB10335721JRC73000a* Rep.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Eva-Dina Delgado Filed:
Section 5.
5/6/2024 10300SB2919ham002 LRB103 35721 JRC 73000 a AMENDMENT TO SENATE BILL 2919 AMENDMENT NO.
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Amend Senate Bill 2919 by replacing everything after the enacting clause with the following:
"Section 5.
(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 10300SB2919ham002 -2- LRB103 35721 JRC 73000 a 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.
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.
(C) a legal description of the real estate sufficient to identify it with reasonable certainty;
10300SB2919ham002 -3- LRB103 35721 JRC 73000 a (C) a legal description of the real estate sufficient to identify it with reasonable certainty;
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;
(2) The notice of sale shall be published at least 3 consecutive calendar weeks (Sunday through Saturday), once in each week, the first such notice to be published not more than 45 days prior to the sale, the last such notice to be published not less than 7 days prior to the sale, by:
(2) The notice of sale shall be published at least 3 10300SB2919ham002 -4- LRB103 35721 JRC 73000 a consecutive calendar weeks (Sunday through Saturday), once in each week, the first such notice to be published not more than 45 days prior to the sale, the last such notice to be published not less than 7 days prior to the sale, by:
(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;
and (ii) such other publications as may be further ordered by the court.
and (ii) such other 10300SB2919ham002 -5- LRB103 35721 JRC 73000 a publications as may be further ordered by the court.
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.
Notwithstanding any language to the contrary, for any adjourned sale that is to be conducted more than 60 days after the date on which it was to first be held, the party giving notice of such sale shall again give notice in accordance with this Section.
Notwithstanding any language to the contrary, for any 10300SB2919ham002 -6- LRB103 35721 JRC 73000 a adjourned sale that is to be conducted more than 60 days after the date on which it was to first be held, the party giving notice of such sale shall again give notice in accordance with this Section.
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.
(f) Certificate of Sale.
10300SB2919ham002 -7- LRB103 35721 JRC 73000 a (f) Certificate of Sale.
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.
(c) In this Section, "third-party online sale provider" means any sale platform or services provider that is not the person conducting the sale or a party to the case involving the judicial sale and that is engaged by the person conducting the sale to assist with conducting the sale online in accordance with State law.
(c) In this Section, "third-party online sale provider" 10300SB2919ham002 -8- LRB103 35721 JRC 73000 a means any sale platform or services provider that is not the person conducting the sale or a party to the case involving the judicial sale and that is engaged by the person conducting the sale to assist with conducting the sale online in accordance with State law.
(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 as a reasonable expense of the sale for costs associated with conducting the sale online.
Any maximum bid amounts provided by bidders ahead of the sale shall not be visible to the public until the bid is placed.
Any maximum bid amounts 10300SB2919ham002 -9- LRB103 35721 JRC 73000 a provided by bidders ahead of the sale shall not be visible to the public until the bid is placed.
(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.
(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.
(m) The sheriff or other person conducting the sale online shall require all bidders who wish to participate in bidding online to have their identity verified through an identification verification process before a bid can be placed online, which may include verification through a government issued identification, biometric verification, or other method of verification as determined by the judge, sheriff, or other person conducting the sale.
(m) The sheriff or other person conducting the sale online shall require all bidders who wish to participate in bidding online to have their identity verified through an identification verification process before a bid can be placed 10300SB2919ham002 -10- LRB103 35721 JRC 73000 a online, which may include verification through a government issued identification, biometric verification, or other method of verification as determined by the judge, sheriff, or other person conducting the 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:
(3) If the purchaser is an entity, the information shall include the entity's legal name, trade name if different from its legal name, state and date of formation, mailing address, proof of business registration with the State of Illinois, and the name of an individual contact person for the entity, electronic mail address, and the person's telephone number.
(3) If the purchaser is an entity, the information shall include the entity's legal name, trade name if different from its legal name, state and date of formation, mailing address, proof of business registration with the State of Illinois, and the name of an individual 10300SB2919ham002 -11- LRB103 35721 JRC 73000 a contact person for the entity, electronic mail address, and the person's telephone number.
(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) 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 by the sheriff or other person conducting the sale.
(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.
(p) The person conducting the sale and the third-party online sale provider may engage in activities to promote and 10300SB2919ham002 -12- LRB103 35721 JRC 73000 a 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;
(q) In every sale conducted online of residential real 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;
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, 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.".