Connecticut 2021 Regular Session Status: Enacted Bipartisan · 3 D · 1 R cosponsors

SB 941 — AN ACT CONCERNING THE ASSIGNMENT OF CERTAIN PROPERTY, TAX, WATER AND SEWER LIENS.

Last action — SIGNED BY GOVERNOR

  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 24, 2021. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 1 R) — cross-party backing.

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.

Bill Text

What changed in the latest version

775 added · 806 removed

775 line(s) added, 806 removed.

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General Assembly Substitute Bill No.
Substitute Senate Bill No.
941 January Session, 2021 AN ACT CONCERNING THE ASSIGNMENT OF CERTAIN PROPERTY, TAX, WATER AND SEWER LIENS.
941 Public Act No.
21-143 AN ACT CONCERNING THE ASSIGNMENT OF CERTAIN PROPERTY, TAX, WATER AND SEWER LIENS.
(b) The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity [as such] that such municipality and municipality's tax collector would have had if the lien had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection and of preparing and recording the assignment, except that any such assignee (1) shall not be insulated from liability for its conduct by virtue of the provisions of section 42-110c, and (2) shall be obligated to provide a payoff statement, as defined in section 49-8a, in the same manner as a mortgagee in accordance with the requirements of section 49-10a.
(b) The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity [as such] that such municipality and municipality's tax collector would have had if the lien had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection and of preparing and recording the assignment, except that any such assignee (1) shall not be insulated from liability for its conduct by virtue of the provisions of section 42-110c, and (2) shall be obligated to provide a payoff statement, as defined in section 49-8a, in the same manner as a Substitute Senate Bill No.
The LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00941-R1 of 23 SB.docx Substitute Bill No.
941 mortgagee in accordance with the requirements of section 49-10a.
941 assignee shall have the same rights to enforce such liens as any private party holding a lien on real property including, but not limited to, foreclosure and a suit on the debt.
The assignee shall have the same rights to enforce such liens as any private party holding a lien on real property including, but not limited to, foreclosure and a suit on the debt.
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofitsprincipalshave beeninvolved within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0092 of 23 R02-SB.docx } Substitute Bill No.
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofitsprincipalshave beeninvolved Public Act No.
941 subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
21-143 2 of 24 Substitute Senate Bill No.
941 within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
(3) a statement of the assignee's intention to foreclose the lien if the amounts set forth pursuant to subdivisions (1) and (2) of this subsection are not paid to the assignee on or before sixty days after the date the notice is provided;
(3) a statement of the assignee's intention to foreclose the lien if the amounts set forth pursuant to subdivisions (1) Public Act No.
21-143 3 of 24 Substitute Senate Bill No.
941 and (2) of this subsection are not paid to the assignee on or before sixty days after the date the notice is provided;
and (5) instructions concerning the acceptable means of making a payment on LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00943 of 23 R02-SB.docx } Substitute Bill No.
and (5) instructions concerning the acceptable means of making a payment on the amounts owed to the assignee as set forth pursuant to subdivisions (1) and (2) of this subsection.
941 the amounts owed to the assignee as set forth pursuant to subdivisions (1) and (2) of this subsection.
Any unpaid assessment and any interest due thereon shall constitute a lien upon the real estate against which the assessment was levied from the date of such levy.
Any Public Act No.
21-143 4 of 24 Substitute Senate Bill No.
941 unpaid assessment and any interest due thereon shall constitute a lien upon the real estate against which the assessment was levied from the date of such levy.
The tax collector LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00944 of 23 R02-SB.docx } Substitute Bill No.
The tax collector ofthemunicipalitymaycollectsuchassessmentsinaccordance withany mandatory provision of the general statutes for the collection of property taxes and the municipality may recover any such assessment in a civil action against any person liable therefor.
941 ofthemunicipalitymaycollectsuchassessmentsinaccordance withany mandatory provision of the general statutes for the collection of property taxes and the municipality may recover any such assessment in a civil action against any person liable therefor.
[Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings.
[Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each Public Act No.
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941 person having title to any property subject to the proceedings.
(1) The manner in which the assignee will provide to the owner of the real property that is the subject of the assignment one or more addresses and telephone numbers that may be used for correspondence with the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0095 of 23 R02-SB.docx } Substitute Bill No.
(1) The manner in which the assignee will provide to the owner of the real property that is the subject of the assignment one or more addresses and telephone numbers that may be used for correspondence with the assignee about the debt and payment thereof;
941 assignee about the debt and payment thereof;
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofitsprincipalshave beeninvolved within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofitsprincipalshave beeninvolved within the last ten years, except foreclosure actions involving liens Public Act No.
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941 purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
(f) The assignee, or any subsequent assignee, shall provide written LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0096 of 23 R02-SB.docx } Substitute Bill No.
(f) The assignee, or any subsequent assignee, shall provide written notice of an assignment, not later than sixty days after the date of such assignment, to the owner and any holder of a mortgage on the real property that is the subject of the assignment, provided such owner or holder is of record as of the date of such assignment.
941 notice of an assignment, not later than sixty days after the date of such assignment, to the owner and any holder of a mortgage on the real property that is the subject of the assignment, provided such owner or holder is of record as of the date of such assignment.
(3) a statement of the assignee's intention to foreclose the lien if the amounts set forth pursuant to subdivisions (1) and (2) of this subsection are not paid to the assignee on or before sixty days after the date on which the notice is provided;
(3) a statement of the assignee's intention to foreclose the lien if the amounts set forth pursuant to subdivisions (1) and (2) of this subsection are not paid to the assignee Public Act No.
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941 on or before sixty days after the date on which the notice is provided;
(h) When providing the written notice required under subsection (g) of this section, the assignee may rely on the last recorded security interest of record in identifying the name and mailing address of the holder of such interest, unless the holder of such interest is the plaintiff in an action pending in Superior Court to enforce such interest, in which LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0097 of 23 R02-SB.docx } Substitute Bill No.
(h) When providing the written notice required under subsection (g) of this section, the assignee may rely on the last recorded security interest of record in identifying the name and mailing address of the holder of such interest, unless the holder of such interest is the plaintiff in an action pending in Superior Court to enforce such interest, in which case the assignee shall provide the written notice to the attorney appearing on behalf of the plaintiff.
941 case the assignee shall provide the written notice to the attorney appearing on behalf of the plaintiff.
Each such lien may be continued,recordedandreleasedinthemannerprovidedbythegeneral statutes for continuing, recording and releasing property tax liens.
Each such lien may be continued,recordedandreleasedinthemannerprovidedbythegeneral Public Act No.
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941 statutes for continuing, recording and releasing property tax liens.
For the purpose of establishing or revising such connection or use charges and for the purpose of collecting such charges any municipality may enter into agreements with any water company or municipal water department furnishing water in such municipality for the purchase from such water company or municipal water department of information or services and such agreement may designate such water company or municipal water department as a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0098 of 23 R02-SB.docx } Substitute Bill No.
For the purpose of establishing or revising such connection or use charges and for the purpose of collecting such charges any municipality may enter into agreements with any water company or municipal water department furnishing water in such municipality for the purchase from such water company or municipal water department of information or services and such agreement may designate such water company or municipal water department as a billing or collecting agent ofthecollector ofsewerage systemconnection and use charges in the municipality.
941 billing or collecting agent ofthecollector ofsewerage systemconnection and use charges in the municipality.
(c) The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such municipality and municipality's tax collector would have had if the lien had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection, except that any such assignee (1) shall not be insulated from liability for its conduct by virtue of the provisions of section 42-110c, and (2) shall be obligated to provide a payoff statement, as defined in section 49-8a, in the same manner as a mortgagee in accordance with the requirements of section 49-10a.
(c) The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such municipality and municipality's tax collector would have had if the lien had not been Public Act No.
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21-143 9 of 24 Substitute Senate Bill No.
941 assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection, except that any such assignee (1) shall not be insulated from liability for its conduct by virtue of the provisions of section 42-110c, and (2) shall be obligated to provide a payoff statement, as defined in section 49-8a, in the same manner as a mortgagee in accordance with the requirements of section 49-10a.
(1) The LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0099 of 23 R02-SB.docx } Substitute Bill No.
(1) The manner in which the assignee will provide to the owner of the real property that is the subject of the assignment one or more addresses and telephone numbers that may be used for correspondence with the assignee about the debt and payment thereof;
941 manner in which the assignee will provide to the owner of the real property that is the subject of the assignment one or more addresses and telephone numbers that may be used for correspondence with the assignee about the debt and payment thereof;
(3) the structure and rates of attorney's fees that the assignee may claim against the owner or owners of such real property in any foreclosure, suit on the debt or otherwise, and a prohibition from using as foreclosure counsel any attorney or law office that is owned by, employs or contracts with any person having an interest in such assignee;
(3) the structure and rates of attorney's fees that the assignee may claim against the owner or owners of such real property in any foreclosure, suit on the debt or otherwise, and a prohibition from using as foreclosure counsel any attorney or law office that is owned by, employs or contracts with any person having an interest in such Public Act No.
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941 assignee;
and (9) such additional terms to which the municipality and the assignee LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0010 of 23 R02-SB.docx } Substitute Bill No.
and (9) such additional terms to which the municipality and the assignee mutually agree consistent with applicable law.
941 mutually agree consistent with applicable law.
(f)Not lessthan sixty daysprior to commencing anactionto foreclose a lien under this section, the assignee shall provide a written notice, by first-class mail, to the holders of all first or second security interests on the property subject to the lien that were recorded before the date the assessment of the lien sought to be enforced became delinquent.
Public Act No.
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941 (f)Not lessthan sixty daysprior to commencing anactionto foreclose a lien under this section, the assignee shall provide a written notice, by first-class mail, to the holders of all first or second security interests on the property subject to the lien that were recorded before the date the assessment of the lien sought to be enforced became delinquent.
(g) When providing the written notice required under subsection (f) of this section, the assignee may rely on the last recorded security interest of record in identifying the name and mailing address of the holder of such interest, unless the holder of such interest is the plaintiff LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-009411 of 23 R02-SB.docx } Substitute Bill No.
(g) When providing the written notice required under subsection (f) of this section, the assignee may rely on the last recorded security interest of record in identifying the name and mailing address of the holder of such interest, unless the holder of such interest is the plaintiff in an action pending in Superior Court to enforce such interest, in which case the assignee shall provide the written notice to the attorney appearing on behalf of the plaintiff.
941 in an action pending in Superior Court to enforce such interest, in which case the assignee shall provide the written notice to the attorney appearing on behalf of the plaintiff.
(a) The legislative body shall establish just and equitable rates or charges for the use of the waterworks system authorized in this subsection, to be paid by the owner of each lot or building which is connected with and uses such system, and may change such rates or charges from time to time.
Public Act No.
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941 (a) The legislative body shall establish just and equitable rates or charges for the use of the waterworks system authorized in this subsection, to be paid by the owner of each lot or building which is connected with and uses such system, and may change such rates or charges from time to time.
Such notice shall set forth a schedule of rates or charges, and a copy of the schedule of rates or charges established shall be kept on file in the office of the legislative body and in the office of the clerk LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0012 of 23 R02-SB.docx } Substitute Bill No.
Such notice shall set forth a schedule of rates or charges, and a copy of the schedule of rates or charges established shall be kept on file in the office of the legislative body and in the office of the clerk of the municipality, and shall be open to inspection by the public.
941 of the municipality, and shall be open to inspection by the public.
(b) If any rates or charges established pursuant to this section are not paid within thirty days after the due date, demand for such rates or chargesmaybemadeontheownerofthepremisesservedinthemanner provided in subsection (a) of section 12-155, and thereafter an alias tax warrant may be issued in the manner provided in sections 12-135 and 12-162.
Public Act No.
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941 (b) If any rates or charges established pursuant to this section are not paid within thirty days after the due date, demand for such rates or chargesmaybemadeontheownerofthepremisesservedinthemanner provided in subsection (a) of section 12-155, and thereafter an alias tax warrant may be issued in the manner provided in sections 12-135 and 12-162.
(d) The assignee or assignees of such liens shall have and possess the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0013 of 23 R02-SB.docx } Substitute Bill No.
(d) The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such municipality and municipality's tax collector would have had if the lien had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection, except that any such assignee (1) shall not be insulated from liability for its conduct by virtue of the provisions of section 42-110c, and (2) any such assignee shall be obligated to provide a payoff statement, as defined in section Public Act No.
941 same powers and rights at law or in equity as such municipality and municipality's tax collector would have had if the lien had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection, except that any such assignee (1) shall not be insulated from liability for its conduct by virtue of the provisions of section 42-110c, and (2) any such assignee shall be obligated to provide a payoff statement, as defined in section 49-8a, in the same manner as a mortgagee in accordance with the requirements of section 49-10a.
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941 49-8a, in the same manner as a mortgagee in accordance with the requirements of section 49-10a.
(6) the detail and frequency of reports provided to the municipality's tax collector LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0014 of 23 R02-SB.docx } Substitute Bill No.
(6) the detail and frequency of reports provided to the municipality's tax collector regarding the status of the assigned liens;
941 regarding the status of the assigned liens;
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofitsprincipalshave beeninvolved within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofitsprincipalshave beeninvolved Public Act No.
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941 within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
(2) the amount of any LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0015 of 23 R02-SB.docx } Substitute Bill No.
(2) the amount of any attorney's fees and costs incurred by the assignee in the enforcement of the lien as of the date of the notice;
941 attorney's fees and costs incurred by the assignee in the enforcement of the lien as of the date of the notice;
(3) a statement of the assignee's intention to foreclose the lien if the amounts set forth pursuant to Public Act No.
(3) a statement of the assignee's intention to foreclose the lien if the amounts set forth pursuant to subdivisions (1) and (2) of this subsection are not paid to the assignee on or before sixty days after the date the notice is provided;
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941 subdivisions (1) and (2) of this subsection are not paid to the assignee on or before sixty days after the date the notice is provided;
The municipality shall be subject to LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0016 of 23 R02-SB.docx } Substitute Bill No.
The municipality shall be subject to the same rates or charges under the same conditions as other users of Public Act No.
941 the same rates or charges under the same conditions as other users of such waterworks system.
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941 such waterworks system.
(2) the earliest and latest dates by which the assignee shall commence any foreclosure or suit on the debt or the manner for determining such dates, except as may be impacted by any payment arrangement, bankruptcy petition or other circumstance, provided in no event shall the assignee commence a LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0017 of 23 R02-SB.docx } Substitute Bill No.
(2) the earliest and latest dates by which the assignee shall commence any foreclosure or suit on the debt or the manner for determining such dates, except as may be impacted by any payment arrangement, bankruptcy petition or other Public Act No.
941 foreclosure suit before one year has elapsed since the assignee's purchase of the lien;
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941 circumstance, provided in no event shall the assignee commence a foreclosure suit before one year has elapsed since the assignee's purchase of the lien;
(d) The assignee, or any subsequent assignee, shall provide written notice of an assignment, not later than sixty days after the date of such assignment, to the owner and any holder of a mortgage on the real property that is the subject of the assignment, provided such owner or holder is of record as of the date of such assignment.
(d) The assignee, or any subsequent assignee, shall provide written notice of an assignment, not later than sixty days after the date of such assignment, to the owner and any holder of a mortgage on the real Public Act No.
Such notice shall include information sufficient to identify (1) the property that is subject LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0018 of 23 R02-SB.docx } Substitute Bill No.
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941 to the lien and in which the holder has an interest, (2) the name and addresses of the assignee, and (3) the amount of unpaid taxes, interest and fees being assigned relative to the subject property as of the date of the assignment.
941 property that is the subject of the assignment, provided such owner or holder is of record as of the date of such assignment.
Such notice shall include information sufficient to identify (1) the property that is subject to the lien and in which the holder has an interest, (2) the name and addresses of the assignee, and (3) the amount of unpaid taxes, interest and fees being assigned relative to the subject property as of the date of the assignment.
(f) When providing the written notice required under subsection (e) of this section, the assignee may rely on the last recorded security interest of record in identifying the name and mailing address of the holder of such interest, unless the holder of such interest is the plaintiff in an action pending in Superior Court to enforce such interest, in which case the assignee shall provide the written notice to the attorney appearing on behalf of the plaintiff.
(f) When providing the written notice required under subsection (e) of this section, the assignee may rely on the last recorded security interest of record in identifying the name and mailing address of the holder of such interest, unless the holder of such interest is the plaintiff in an action pending in Superior Court to enforce such interest, in which case the assignee shall provide the written notice to the attorney Public Act No.
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941 appearing on behalf of the plaintiff.
Costs and reasonable attorneys' fees incurred by the LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0019 of 23 R02-SB.docx } Substitute Bill No.
Costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings.
941 assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this section and directly related to the proceeding shall be taxed in any such proceeding against each person having title to any property subject to the proceedings.
(c)No suchassignment executedonorafterJuly1,2022,shallbevalid or enforceable unless memorialized in a contract executed by the authority and the assignee that is in writing and provides:
Public Act No.
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941 (c)No suchassignment executedonorafterJuly1,2022,shallbevalid or enforceable unless memorialized in a contract executed by the authority and the assignee that is in writing and provides:
(2) the earliest and latest LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0020 of 23 R02-SB.docx } Substitute Bill No.
(2) the earliest and latest dates by which the assignee shall commence any foreclosure or suit on the debt or the manner for determining such dates, except as may be impacted by any payment arrangement, bankruptcy petition or other circumstance, provided in no event shall the assignee commence a foreclosure suit before one year has elapsed since the assignee's purchase of the lien;
941 dates by which the assignee shall commence any foreclosure or suit on the debt or the manner for determining such dates, except as may be impacted by any payment arrangement, bankruptcy petition or other circumstance, provided in no event shall the assignee commence a foreclosure suit before one year has elapsed since the assignee's purchase of the lien;
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofitsprincipalshave beeninvolved within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
(8) disclosure of (A) all resolved and pending arbitrations and litigation mattersinwhichtheassigneeor anyofits principalshave beeninvolved within the last ten years, except foreclosure actions involving liens purchased from or assigned by governmental entities, (B) all criminal proceedings that the assignee or any of its principals has ever been the subject, (C) any interest in the subject property held by the assignee or any of its principals, officers or agents, and (D) each instance in which Public Act No.
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941 the assignee or any of its principals was found to have violated any state or local ethics law, regulation, ordinance, code, policy or standard, or to have committed any other offense arising out of the submission of proposals or bids or the performance of work on public contract;
(d) The assignee, or any subsequent assignee, shall provide written notice of an assignment, not later than sixty days after the date of such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0021 of 23 R02-SB.docx } Substitute Bill No.
(d) The assignee, or any subsequent assignee, shall provide written notice of an assignment, not later than sixty days after the date of such assignment, to the owner and any holder of a mortgage on the real property that is the subject of the assignment, provided such owner or holder is of record as of the date of such assignment.
941 assignment, to the owner and any holder of a mortgage on the real property that is the subject of the assignment, provided such owner or holder is of record as of the date of such assignment.
and (5) instructions concerning the acceptable means of making a payment on the amounts owed to the assignee as set forth pursuant to subdivisions (1) and (2) of this subsection.
and (5) instructions concerning the acceptable means of making a payment on Public Act No.
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941 the amounts owed to the assignee as set forth pursuant to subdivisions (1) and (2) of this subsection.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0022 of 23 R02-SB.docx } Substitute Bill No.
(g) Each aspect of a foreclosure, sale or other disposition under this section, including, but not limited to, the costs, attorney fees, method, advertising, time, date, place and terms, shall be commercially reasonable.
941 (g) Each aspect of a foreclosure, sale or other disposition under this section, including, but not limited to, the costs, attorney fees, method, advertising, time, date, place and terms, shall be commercially reasonable.
This act shall take effect as follows and shall amend the following sections:
Approved July 7, 2021 Public Act No.
Section 1 October 1, 2021 12-195h Sec.
21-143 24 of 24
2 October 1, 2021 7-254 Sec.
3 October 1, 2021 7-258 Sec.
4 October 1, 2021 7-239 Sec.
5 October 1, 2021 49-92p Sec.
6 October 1, 2021 49-92o BA Joint Favorable Subst.
JUD Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-00941- 23 of 23 R02-SB.docx }
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill modifies the provisions governing the assignment of property tax and sewer liens by municipalities, detailing the requirements for the assignment process and clarifying the rights and responsibilities of assignees.

  • Section 12-195h

    any such assignee shall not be insulated from liability by virtue of the provisions of section 42-110c, and (2) → any such assignee (1) shall not be insulated from liability for its conduct by virtue of the provisions of section 42-110c, and (2)

    Clarifies that assignees are not insulated from liability.

  • Section 12-195h

    [thirty] → sixty

    Increases the timeframe for providing written notice of an assignment from thirty to sixty days.

  • Section 12-195h

    thirty days after the due date → thirty days after the due date

    Maintains current provision regarding the deadline for delinquency.

  • Section 12-195h

    the earliest and latest dates by which the assignee shall commence any foreclosure or suit on the debt or the manner for determining such dates → the earliest and latest dates by which the assignee shall commence any foreclosure or suit on the debt or the manner for determining such dates, except as may be impacted by any payment arrangement, bankruptcy petition or other circumstance

    Adds conditions under which timelines for foreclosure may be adjusted.

  • Section 12-195h

    in a civil action against any person liable therefor.

    Removes reference to recovery of assessments in civil actions without further specification.

  • Section 7-254

    [thirty]

    Adjusts existing clauses to provide clear terms for municipal tax lien assignments.

  • Section 7-254

    costs and reasonable attorneys' fees incurred by the assignee as a result of any foreclosure action or other legal proceeding

    Eliminates previous provisions regarding taxation of costs and fees in foreclosure actions.

  • Section 7-254

    each

    Adjusts wording for greater legal clarity.

  • Section 7-254

    and may be enforced in the same manner as property tax liens.

    Modifies how sewer assessment liens can be enforced.

Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 21-143

  5. IN CONCURRENCE

  6. HOUSE PASSED

  7. HOUSE CALENDAR NUMBER 501

  8. FAV. RPT., TABLED FOR HOUSE CALENDAR

  9. SENATE PASSED

  10. FAV. RPT., TAB. FOR CAL., SEN.

  11. NO NEW FILE BY COMM. ON Judiciary

  12. RPTD. OUT OF LCO

  13. FILED WITH LCO

  14. Joint Favorable

  15. REF. BY SEN. TO COMM. ON Judiciary

  16. FILE NO. 251

  17. SENATE CALENDAR NUMBER 174

  18. FAV. RPT., TAB. FOR CAL., SEN.

  19. RPTD. OUT OF LCO

  20. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/31/21

  21. FILED WITH LCO

  22. Joint Favorable Substitute

  23. PUBLIC HEARING 0302

  24. REF. TO JOINT COMM. ON Banking

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 181 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (181)

181 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors SB 941?
SB 941 is sponsored by Vargas, Edwin, Saud Anwar (Democratic), Tom Delnicki (Republican), Gucker, Kenneth M, Joshua M. Hall (Democratic), and Patricia Billie Miller (Democratic).
What is the current status of SB 941?
This bill has been enacted into law. Introduced February 24, 2021. Enacted.
Where can I track SB 941?
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