Illinois 95th Regular Session Status: Enacted

SB 258 — CIV PRO-FORECLOSURE POSSESSION

Last action — Public Act . . . . . . . . . 95-0262

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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 07, 2007. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    0 primary, 2 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 Code of Civil Procedure. Provides that, in a case of foreclosure where the tenant is current on his or her rent, any order of possession must allow the tenant to retain possession of the property covered in his or her rental agreement (i) for 120 days following the notice of the hearing on the supplemental petition that has been properly served upon the tenant, or (ii) through the duration of his or her lease, whichever is shorter. Provides that the exception for continued possession by the tenant only applies if the tenant continues to pay his or her rent in full during the 120-day period.

Bill Text

What changed in the latest version

7 added · 7 removed

Plain-language change summary

The bill SB 258 underwent changes where specific lines of text were both added and removed. While the exact content of the changes isn't specified, these adjustments typically serve to clarify language, update provisions, or align the bill with current laws or needs. These changes are important as they can directly affect how the law is understood and implemented, ensuring that it addresses the issues intended by lawmakers.

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Latest
SB0258 Engrossed LRB095 09724 LCT 29928 b AN ACT concerning civil law.
SB0258 Enrolled LRB095 09724 LCT 29928 b AN ACT concerning civil law.
(1) In the case of residential real estate, the mortgagor shall be entitled to possession of the real estate except if (i) the mortgagee shall object and show good cause, (ii) the mortgagee is so authorized by the terms of the mortgage or other written instrument, and SB0258 Engrossed - 2 - LRB095 09724 LCT 29928 b (iii) the court is satisfied that there is a reasonable probability that the mortgagee will prevail on a final hearing of the cause, the court shall upon request place the mortgagee in possession.
(1) In the case of residential real estate, the mortgagor shall be entitled to possession of the real estate except if (i) the mortgagee shall object and show good cause, (ii) the mortgagee is so authorized by the terms of the mortgage or other written instrument, and SB0258 Enrolled - 2 - LRB095 09724 LCT 29928 b (iii) the court is satisfied that there is a reasonable probability that the mortgagee will prevail on a final hearing of the cause, the court shall upon request place the mortgagee in possession.
(1) Subsection (b) of Section 15-1701 shall be applicable, regardless of the provisions of the mortgage or other instrument, except that after a sale pursuant to the judgment the holder of the certificate of sale (or, if none, the purchaser at the sale) shall have the mortgagee’s right to be placed in possession, with all rights and SB0258 Engrossed - 3 - LRB095 09724 LCT 29928 b duties of a mortgagee in possession under this Article.
(1) Subsection (b) of Section 15-1701 shall be applicable, regardless of the provisions of the mortgage or other instrument, except that after a sale pursuant to the judgment the holder of the certificate of sale (or, if none, the purchaser at the sale) shall have the mortgagee’s right to be placed in possession, with all rights and SB0258 Enrolled - 3 - LRB095 09724 LCT 29928 b duties of a mortgagee in possession under this Article.
This right to possession shall be limited by SB0258 Engrossed - 4 - LRB095 09724 LCT 29928 b the provisions governing entering and enforcing orders of possession under subsection (g) of Section 15-1508.
This right to possession shall be limited by SB0258 Enrolled - 4 - LRB095 09724 LCT 29928 b the provisions governing entering and enforcing orders of possession under subsection (g) of Section 15-1508.
Except as may be authorized by this Article, SB0258 Engrossed - 5 - LRB095 09724 LCT 29928 b no mortgage or other instrument may modify or supersede the provisions of this Article.
Except as may be authorized by this Article, SB0258 Enrolled - 5 - LRB095 09724 LCT 29928 b no mortgage or other instrument may modify or supersede the provisions of this Article.
The proceeding for the termination of such occupant’s SB0258 Engrossed - 6 - LRB095 09724 LCT 29928 b possessory interest, including service of the notice of the hearing and the petition, shall in all respects comport with the requirements of Article 9 of this Code, except as otherwise specified in this Section.
The proceeding for the termination of such occupant’s SB0258 Enrolled - 6 - LRB095 09724 LCT 29928 b possessory interest, including service of the notice of the hearing and the petition, shall in all respects comport with the requirements of Article 9 of this Code, except as otherwise specified in this Section.
This item (4) shall only apply if the tenant continues to pay his or her rent in full during the 120-day SB0258 Engrossed - 7 - LRB095 09724 LCT 29928 b period.
This item (4) shall only apply if the tenant continues to pay his or her rent in full during the 120-day SB0258 Enrolled - 7 - LRB095 09724 LCT 29928 b period.
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How this bill changes current law

2 changes Share ↗

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

The bill modifies existing laws regarding the rights and processes of possession of mortgaged real estate during foreclosure in Illinois.

  • 735 ILCS 5/15-1701

    the court shall upon request place the mortgagee in possession. → the court shall upon request place the mortgagee in possession, except that if the mortgagor shall object and show good cause, the court shall allow the mortgagor to remain in possession.

    This change modifies the conditions under which a mortgagee can take possession of property, adding protections for the mortgagor.

  • 735 ILCS 5/15-1701

    upon request of the mortgagee, a mortgagor of residential real estate shall not be allowed to remain in possession between the expiration of the redemption period and through the 30th day after sale confirmation unless → upon request of the mortgagee, a mortgagor of residential real estate shall not be allowed to remain in possession between the expiration of the redemption period and through the 30th day after sale confirmation unless (i) the mortgagor pays to the mortgagee or such holder or purchaser, whichever is applicable, monthly the lesser of the interest due under the mortgage calculated at the mortgage rate of interest applicable as if no default had occurred or the fair rental value of the real estate, or (ii) the mortgagor otherwise shows good cause.

    This change imposes stricter conditions on mortgagors wishing to remain in possession of the property after the foreclosure sale.

Action History

  1. Public Act . . . . . . . . . 95-0262

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

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

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

  8. Second Reading - Short Debate

  9. Added Alternate Co-Sponsor Rep. Jack D. Franks

  10. Added Alternate Chief Co-Sponsor Rep. Wyvetter H. Younge

  11. Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias

  12. Placed on Calendar 2nd Reading - Short Debate

  13. Do Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000

  14. Assigned to Judiciary I - Civil Law Committee

  15. Added Alternate Chief Co-Sponsor Rep. Arthur L. Turner

  16. Added Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough

  17. Referred to Rules Committee

  18. First Reading

  19. Chief House Sponsor Rep. Al Riley

  20. Placed on Calendar Order of First Reading

  21. Arrived in House

  22. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  23. Third Reading - Passed; 056-000-000

  24. Placed on Calendar Order of 3rd Reading March 27, 2007

  25. Second Reading

  26. Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Rules

  27. Placed on Calendar Order of 2nd Reading March 15, 2007

  28. Do Pass Housing and Community Affairs; 006-000-000

  29. Senate Committee Amendment No. 1 Held in Housing and Community Affairs

  30. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  31. Senate Committee Amendment No. 1 Rules Refers to Housing and Community Affairs

  32. Senate Committee Amendment No. 1 Referred to Rules

  33. Senate Committee Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty

  34. Held in Housing and Community Affairs

  35. Assigned to Housing and Community Affairs

  36. Referred to Rules

  37. First Reading

  38. Filed with Secretary by Sen. M. Maggie Crotty

Sponsors

  • M. Maggie Crotty · Cosponsor
  • Jack D. Franks · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

  • M. Maggie Crotty
  • Jack D. Franks

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"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
Democrat 9000
Unaffiliated 102003
Republican 4000
Total 115003
% of votes cast 97%0%0%3%
How each member voted (118)
Member Party Vote
Jakobsson — Yea
Nekritz — Yea
Jefferies — Not Voting
Jefferson — Yea
Krause — Yea
Lang — Yea
Leitch — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Schock — Yea
Lyons — Yea
Scully — Yea
Sommer — Yea
Soto — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Madigan — Yea
Burke — Yea
Sullivan — Yea
May — Not Voting
Hannig — Yea
Moffitt — Yea
Harris — Yea
Molaro — Yea
Mulligan — Yea
Hernandez — Yea
Munson — Yea
Myers — Yea
Osterman — Yea
Phelps — Yea
Watson — Yea
Howard — Yea
Pihos — Yea
Davis, Monique — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Coladipietro — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Kosel — Yea
Younge — Yea
Osmond — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Yarbrough — Yea
Lindner — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Cole — Yea
Colvin — Yea
Coulson — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 47002
Democrat 8001
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Kotowski — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Peterson — Yea
Brady — Yea
Schoenberg — Yea
Sieben — Yea
Silverstein — Yea
Trotter — Yea
Sullivan — Yea
Munoz — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Jacobs — Not Voting
Lauzen — Yea
Dillard — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Yea
Sandoval — Yea
Maloney — Yea
Althoff — Not Voting
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Dahl — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

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 258 do?
Amends the Code of Civil Procedure. Provides that, in a case of foreclosure where the tenant is current on his or her rent, any order of possession must allow the tenant to retain possession of the property covered in his or her rental agreement (i) for 120 days following the notice of the hearing on the supplemental petition that has been properly served upon the tenant, or (ii) through the duration of his or her lease, whichever is shorter. Provides that the exception for continued possession by the tenant only applies if the tenant continues to pay his or her rent in full during the 120-day period.
Who sponsors SB 258?
SB 258 is sponsored by M. Maggie Crotty and Jack D. Franks.
What is the current status of SB 258?
This bill has been enacted into law. Introduced February 07, 2007. Enacted.
Where can I track SB 258?
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