This bill requires a foreclosure notice for a residential property also to be mailed to the mortgagor containing the names of the parties to the mortgage, a legal description or street address of the property, the default, and the mortgagee's intent to proceed with foreclosure. This notice requirement applies only to residential property and would not apply to commercial or agricultural property.
This bill extends the time of the first newspaper publication of the notice of a foreclosure sale until 60 days after the notice is mailed to the mortgagor. Under existing law, the mortgagor must surrender possession of property within 10 days of notice of the foreclosure sale to entitle the mortgagor to redeem real estate from purchasers.
This bill extends the period of time that the possession of the real property must be delivered for purposes of preserving redemption rights to 20 days. Under existing law, a tenant must surrender possession within 10 days of notice of foreclosure sale. This bill extends the time that the possession of the property must be delivered for purpose of preserving redemption to 60 days. Establishes a Class 1 misdemeanor for fraud or deceit by foreclosure consultants. Thereafter, the beneficiary is properly noticed as a party to any order to remove or abate the hazard pursuant to this section, including any order regarding payment of costs or an assessment.
This subsection applies without regard to whether the creditor or its affiliate is licensed with the taxing jurisdiction. A tax may be imposed with respect to a subsequent sale of the real property by the creditor or its affiliate to a person who is unrelated to the creditor or its affiliate if the property qualifies as improved real property under the model city tax code. Exempts loans made, purchased or serviced by: i A state or local public housing agency or authority. Exempts beneficiaries who are not professional lenders as well as lenders who comply with the Home Affordable Modification Program.
Explains that the provisions do not require a beneficiary to violate any agreement they have with a federal or state regulatory agency or any requirement of federal law. During the day postponement period, the owner shall have the opportunity to negotiate a revised payment or other revised terms of the loan and may accept the assistance of a representative of a private nonprofit organization, a representative of a city, town, county or state government or a representative of a federal agency to assist the owner in meeting with and negotiating a resolution with the lender.
The trustee shall assist in providing information, including lender contact information, and shall cooperate with any meetings and negotiations that occur between the owner and lender. During the day postponement period, the owner shall make payments on the loan that is in foreclosure in an amount that the owner and lender agree is just and equitable. Failure to make the payment agreed to pursuant to this subsection terminates the stay of foreclosure, and on notice from the lender of failure to make a payment after the expiration of the day period, the trustee may reschedule the trustee's sale.
If the owner continues to make a timely monthly payment in the amount agreed to pursuant to this subsection, a trustee's sale may not be held any earlier than one year after the date of the originally scheduled trustee sale. On completion of the one-year period, and unless the lender has revised the terms of the loan and directed the trustee to cancel the sale, the trustee's sale may proceed as otherwise provided by law.
Specifies that the form of the notice of foreclosure include: The date, time and place of the sale of the property and the name of the court where the action was filed or trustee, attorney or other responsible party to be contacted for more information about the foreclosure. Stipulates that if the owner fails to provide notice as prescribed, the tenant may recover damages and the amount of the security deposit, as well as obtain injunctive relief. IV, Sec. The Emergency Economic Stabilization Act of extended the operation of those provisions to debt that is discharged before January 1, This bill provides further conformity to those federal acts, as provided.
Provides that, if the term of the tenancy has not been specified by the parties or is terminable at will, the owner shall not terminate the tenancy sooner than 90 days having passed after acquiring ownership. Provides that, if the term of the tenancy has been specified by the parties, the owner shall not terminate the tenancy until the end of the remaining term of the tenancy, but not sooner than 90 days having passed after acquiring ownership. Provides that these limitations do not apply in certain circumstances, including when a tenant has failed to pay rent or has violated a condition of the tenancy, as described.
Authorizes a tenant to seek injunctive relief, as specified. The Personal Income Tax Law allows a deduction for any qualified residence interest. This bill would, for taxable years beginning on or after January 1, , and before January 1, , allow that deduction only with respect to a qualified residence that is a principal residence, as provided. The Personal Income Tax Law and the Corporation Tax Law impose a specified minimum tax on partnerships, limited liability companies, and corporations.
This bill would, for taxable years beginning on or after January 1, , and before January 1, , adjust those minimum tax amounts for inflation, as provided. This bill requires that any notice of default of a residential real property, as defined, sent to a borrower include a notice of the borrower's right to participate in the MMW Program as well as the documents that authorize the borrower to elect to participate in the MMW Program. This bill provides that, if a borrower elects to participate in the MMW Program, no further action to foreclose upon the property may be instituted until the completion of the borrower's participation in the MMW Program.
The program would be a process whereby borrowers and lenders would engage in mediation for purposes of developing a loan modification plan. The program would require that specified information regarding the MMW Program be included with the notice of default sent to a borrower, as defined, on a loan secured by residential real property of one- to four-family dwelling units that is the primary residence of the borrower, as specified.
The bill would require that this additional notice be recorded in the office of the county recorder. The bill would provide for an administrator of the program who would be appointed by the governor and confirmed by the Senate. The program would require a borrower who elects to participate in the program to complete a specified form and return the form to the administrator of the program not later than 30 calendar days after receiving the notice of default.
The program would require the borrower to submit other information to the administrator within 10 days of requesting to participate in the program, including tax returns, income verification, and a specified deposit of funds. The program would also require a borrower who elects to participate in the program to deposit with the administrator 50 percent of the current mortgage payment each month during participation in the MMW Program.
The bill would also prohibit a mortgagee, trustee, beneficiary, or authorized agent from reporting negative credit information to a credit reporting agency about a borrower who has successfully completed the MMW Program and accepted a mortgage loan modification. The bill would impose various administrative fees, payable by the mortgagee, trustee, beneficiary, or authorized agent, or by the borrower, as specified, who participate in the MMW Program.
The bill would also provide that the timelines set forth in the provision governing the exercise of the power of sale, as specified, would be suspended until the completion of the program, as specified. The bill would require the administrator of the program, among other duties, to implement rules and standards for selecting qualified mediators and to develop standards for forms and reports required to implement the program.
The bill would also require the administrator, upon receipt of a borrower's form whereby he or she elects to participate in the program to randomly appoint an individual to serve as mediator from a list of qualified mediators in the county in which the property is located. The bill would establish the compensation for a mediator who provides his or her services to the program and require a mediator to use reasonable efforts to ensure that each MMW Program is completed within 60 calendar days of the mediator's appointment.
The bill would also require the mediator to prepare a final report, as specified. The bill would also require, only until January 1, , the administrator to report quarterly to the Legislature regarding the MMW Program, as specified. The bill also requires each mortgagee, trustee, beneficiary, or authorized agent participating in the program to post specified data about its loans on its Internet Web site. Existing law also requires that a notice of sale be given before the power of sale may be exercised.
This bill, until , creates an exception to the provision governing the exercise of the power of sale by providing that if a property contains five or more multifamily units and a public entity, as defined, is a party to a regulatory agreement or recorded deed restriction on the property, the public entity may, by written notice to the trustee, postpone the sale date by no more than 60 days, as specified. The bill provides that, if multiple public entities are parties to a regulatory agreement or a recorded deed restriction on the property, only one entity may postpone the sale date.
The bill also provides that the power to postpone a sale date pursuant to these provisions may be exercised only once, and that the period of postponement expires after days have elapsed since filing the notice of default. Existing law also requires the mortgagee, trustee, or other person authorized to record the notice of default or the notice of sale to send to each mortgagee or trustee a copy of the notice of sale at least 20 days before the date of sale. Existing law provides that there may be a postponement or postponements of the sale proceedings, under specified circumstances.
This bill provides that if there is a postponement, or if there are postponements, of the sale proceedings, the borrower shall receive a new notification before the date of the actual sale.
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The bill requires an unspecified state entity to make that notice available in English and specified languages. This bill prohibits the mortgagee, beneficiary, or authorized agent from combining collections activity with communication with the borrower about foreclosure avoidance options. The bill deletes the requirement that the notice of default contain a specified declaration, and instead requires the mortgagee, beneficiary, or authorized agent to, concurrently with the filing of a notice of default, record a declaration of compliance that attests to specified facts, and mail the borrower a notice stating that these requirements have been met.
Existing law states that it is the intent of the Legislature in those regulatory provisions to require that foreclosure consultant service agreements be expressed in writing, to safeguard the public against deceit and financial hardship, to permit rescission of foreclosure consultation contracts, to prohibit representations that tend to mislead, and to encourage fair dealing in the rendition of foreclosure services.
This bill states the intent of the Legislature to enact legislation that would protect consumers who seek out debt settlement or debt management services by codifying acceptable industry business practices and outlawing unacceptable industry business practices. This bill, until January 1, , modifies that authorization to also include notice of recordation, provided by mail by the recorder or a designee of the board, to a party or parties executing a deed, quitclaim deed, or deed of trust, within 30 days of recordation, or to a party or parties subject to a notice of default or notice of sale of a property, including the occupants of that property, within five days, but in any event no more than 20 days, of recordation.
If the board of supervisors adopts an authorizing resolution, as specified, the bill requires the County of Los Angeles to submit a report with prescribed information to certain committees of the Legislature on or before January 1, Existing law also authorizes the Los Angeles County Recorder to collect a fee for mailing notice of recordation from any party filing a deed, quitclaim deed, or deed of trust, unless that party is a government entity.
This bill, until January 1, , additionally authorizes the recorder to collect a fee for notice of recordation from any party other than a government entity that files a notice of default or notice of sale. The bill also authorizes the recorder to use a portion of the collected fee to pay the actual cost, if any, of providing information, counseling, and assistance to a person who receives the notice. The bill provides that written consent of the holder of the first deed of trust or first mortgage to that sale shall obligate that holder to accept the sale proceeds as full payment and to fully discharge the remaining amount of the indebtedness on the first deed of trust or first mortgage.
The bill specifies that those provisions would not limit the ability of the holder of the first deed of trust or first mortgage to seek damages and use existing rights and remedies against the trustor or mortgagor or any third party for fraud or waste if the trustor or mortgagor commits either fraud with respect to the sale of, or waste with respect to, the real property that secures that deed of trust or mortgage.
The bill makes these provisions inapplicable if the trustor or mortgagor is a corporation or political subdivision of the state. Existing law authorizes the court clerk to allow access to limited civil case records filed under these provisions to certain persons, including a party to the action or a resident of the premises, under certain conditions, without regard to when they request that access.
Existing law also authorizes the clerk to allow access to any other person 60 days after the complaint has been filed, unless a defendant prevails in the action within 60 days of the filing of the complaint, in which case the clerk may not allow access to any court records in the action, except as specified. This bill additionally authorizes the clerk to allow access to those records to any other person in the case of a complaint involving residential property that has been sold in foreclosure, or under other, specified proceedings, as indicated in the caption of the complaint, if 60 days have elapsed since the complaint was filed with the court and judgment against all defendants has been entered for the plaintiff, after a trial.
The bill also requires the plaintiff in those proceedings to include a specified caption in the complaint. If judgment is not entered under these conditions, the bill prohibits the clerk from allowing access to any court records in the action, except to the persons described above who are permitted access without regard to when they request access. Existing law governing unlawful detainer proceedings also requires that a tenant or subtenant in possession of a rental housing unit, as defined, which has been sold by reason of certain enumerated causes, including foreclosure, who rents or leases the rental housing unit either on a periodic basis, as specified, or for a fixed period of time, be given written notice to quit, as specified, at least as long as the term of hiring itself but not exceeding 30 days, before the tenant or subtenant may be removed from that rental housing unit.
This bill additionally requires, until January 1, , that any notice to quit regarding a housing unit served within one year after a foreclosure sale include a separate cover sheet that contains an additional notice to renters. The bill sets forth the content of this notice providing the tenant with specified information regarding tenants' rights.
The bill also provides that under certain circumstances the cover sheet need not be served, as specified. This bill provides that a loan used to pay all or part of the purchase price of real property or an estate for years includes subsequent loans, mortgages, or deeds of trust that refinance or modify the original loan, but only to the extent that the subsequent loan was used to pay debt incurred to purchase the real property. The bill becomes operative on June 1, , and applies only to actions filed after its operative date.
After the lapse of not less than three months from the filing of the notice of default, the mortgagee, trustee, or other person authorized to take the sale is required to give notice of sale, stating the time and place, as specified. This bill instead permit a mortgagee, trustee, or other person authorized to take sale to file a notice of sale up to five days before the lapse of the three-month period provided that the date of sale is no earlier than three months and 20 days after the filing of the notice of default.
The bill requires a mortgagee, beneficiary, or authorized agent, within a specified time period prior to the filing of a notice of default, to provide the borrower with written information regarding loan modifications and a specified notice regarding the borrower's rights during the foreclosure process, subject to specified exceptions.
The bill further revises the borrower contact requirements described above by requiring a mortgagee, beneficiary, or authorized agent to make reasonable borrower solicitation efforts, as specified, to explore options for the borrower to avoid foreclosure. The bill prohibits a mortgagee, trustee, beneficiary, or authorized agent from filing a notice of default until the borrower has been evaluated and determined to be ineligible for a loan modification or the borrower has failed to submit an application prior to the passing of the deadline.
The bill specifies minimum time periods in which the borrower may submit an application or supplemental information for a loan modification, and requires the mortgagee, beneficiary, or authorized agent, if it denies the application, to send a denial explanation letter within a specified time period. These requirements would not apply to a mortgagee, beneficiary, or authorized agent that has no loan modification option available to the borrower. This bill further requires, until January 1, , with respect to those properties described above, that a mortgagee, beneficiary, or authorized agent, concurrently with the filing of a notice of default, record a declaration of compliance that attests to specified facts relating to its borrower solicitation and foreclosure avoidance efforts.
The bill provides that failure to record a declaration of compliance, or failure to materially comply with specified provisions, would constitute grounds for the borrower to bring an action to void the foreclosure, or to recover specified damages from the mortgagee, trustee, beneficiary, or authorized agent, if specified conditions exist.
This bill requires the licensee of a facility, with certain exceptions, to notify the department and all residents, applicants, and, if applicable, their legal representatives, of other specified events, and requires the department to initiate a compliance plan, noncompliance conference, or other appropriate action upon receipt of this notice. This notice requirement would not apply if the governmental entity determines that a specific condition of the property threatens public health or safety. The bill further provides that the costs of nuisance abatement measures taken by a governmental entity with regard to property that is subject to a notice of default, that is purchased at a foreclosure sale, or acquired through foreclosure, shall not exceed the actual and reasonable costs of nuisance abatement This bill also prohibits a governmental entity from imposing an assessment or lien for the costs of nuisance abatement prior to the adoption of those costs by the elected officials of that governmental entity at a public hearing.
The bill specifies that persons who go onto unoccupied property on an unpaid basis to clean up trash, remove weeds, or water the lawn have the implied consent of the landowner to do so, and are owed an intermediate duty of care concerning hazardous conditions on the property that is more than is owed to trespassers, but less than is owed to guests or business customers.
Amends the civil and criminal trespassing laws, respectively, to exempt persons who engage in such activity, but only to the extent of that activity and so long as they do no actual damage to the property. A person who acquires title to a residence in foreclosure as a result of a short sale in which an appropriate addendum to the contract is included and all statutorily required disclosures are made is exempted from the definition of an "equity purchaser". For purposes of the equity purchaser provisions, "residence in foreclosure" is defined as a residence that is occupied as the home owner's principal residence, is encumbered by a residential mortgage loan, and as to which an equity purchaser knows or should know that the loan is at least 30 days in default.
A "short sale" is defined as a transaction in which a residence in foreclosure is sold for less than the amount due under a recorded lien, and the lien is released. The requirement that a sales contract be in "bold-faced" type is eliminated and, instead, contracts must be "legible". A uniform 9-point type size is adopted for certain documents. If the equity purchaser knows or should know that the home owner's principal language is other than English, a separate disclosure form in the home owner's principal language must be provided along with the contract. In a short sale transaction in which the equity purchaser intends to sell the property to another purchaser within 14 days, the equity purchaser must disclose to the seller and the seller's lender, as well as to any subsequent purchasers and their lenders, the terms of the intended resale including the amount to be paid.
If the public trustee is incorrectly notified that a property is eligible for such a posting, the act establishes ways to correct such notice. Current law requires the public trustee to hold a hearing before foreclosing on a property. The act requires a notice to be posted at least 15 days before the hearing on the property subject to the sale, and clarifies that the notice of opportunity for foreclosure deferment may not be posted prior to the date the public trustee determines that the documents filed for the commencement of the foreclosure are complete and accurate.
The act also requires that the notice of opportunity for foreclosure deferment include a telephone number for the holder and, if applicable, the attorney for the holder and the public trustee foreclosure number. The act also gives general rule-making authority to the division of housing in the department of local affairs related to the deferment process. The act requires a foreclosure counselor to inform the holder if an eligible borrower who qualifies for a foreclosure deferment chooses not to participate.
It also prohibits an eligible borrower from qualifying for a foreclosure deferment if the borrower has transferred title to the property to another party. For a five-year period, the bill creates a method for an eligible holder of an evidence of debt holder to elect to have an expedited sale of residential property, which will occur between 40 and 55 calendar days after the recording of the notice.
In order for the expedited sale to be conducted, a court must issue an order for expedited sale order , and a copy of the order must be filed with the public trustee. The court shall only issue an order if, among other things: the property has been abandoned; or the grantor of the deed of trust requests the order for expedited sale. The bill establishes that an affidavit that meets certain criteria is prima facie evidence of abandonment.
If an expedited sale is set, the bill makes the following modifications to a public trustee's process: Replaces the original mailing list with an expedited mailing list, which is filed later and includes all persons on an amended mailing list; eliminates notice related to a foreclosure deferment; eliminates the first mailing of the combined notice; requires the second mailing of the combined notice to be sent earlier; establishes a deadline for delivering an amended mailing list; requires a copy of a section of the expedited sale law to be mailed with the combined notice; reduces the publication of the combined notice to three times and requires the publication to be completed more than five days prior to the sale; and limits a holder's ability to request a continuance of the expedited sale.
The bill also requires an expedited proceeding to be withdrawn in certain circumstances and specifies that an expedited sale shall not apply to a judicial foreclosure. The bill changes the time to 60 days and requires the notice to include information concerning: The holder's duty to negotiate for a mutually acceptable agreement to avoid foreclosure mutually acceptable agreement ; and if a foreclosure action is commenced, the duty of the holder to participate in mediation.
The bill requires the holder to negotiate for a mutually acceptable agreement prior to commencing a foreclosure. Prior to issuing an order authorizing sale under a residential mortgage loan, the bill requires the court to: i Appoint a mediator; ii Verify that the costs of mediation have been paid; and iii Receive from the mediator a notice that the parties were unable to reach a mutually acceptable agreement.
The mediator shall schedule a mediation. The bill specifies sanctions for persons who fail to appear, fail to provide documents requested by the mediator, or fail to negotiate in good faith. At the conclusion of the mediation, the bill requires the mediator to notify the parties and the court of the outcome. The holder is responsible for the payment of the costs of the mediation. The bill directs the Colorado Supreme Court to adopt rules concerning who is qualified to act as a mediator. The bill grants immunity from civil action to a mediator acting in good faith.
The bill makes a waiver of any rights related to a mortgage deferment prior to the date of a default void as against public policy. The bill removes the repeal of the mortgage deferral provisions. The bill also sets certain requirements for the mediation. Specifically, it requires the lender or lender's counsel to provide the borrower with the address, phone number, and e-mail address for persons with the authority to agree to a proposed settlement, including the lender, mortgage servicer, and lender's agent. This information must be provided by the date of the first mediation session.
The bill also requires the lender's agent to verify the receipt of information requested from the borrower. The bill requires the lender or lender's attorney to bring a current itemized list of all fees and costs to the first mediation session, including: 1. The lender must bring an itemized list of any changes to subsequent mediation sessions. Finally, the bill requires the lender, borrower, and their attorneys to make a good faith effort to mediate all issues and allows the court to sanction any party who fails to comply with this requirement. The program also provides second mortgage loans in conjunction with the refinance loan.
Provides for security deposits and advance rents to be maintained in a specified manner. Provides for disclosure of the foreclosure action to prospective tenants. Provides an exception to liability for failure to provide notice. Specifies that the notice must inform the owner that bankruptcy is a potential alternative to foreclosure and warn against foreclosure "saving" schemes. Amends a specified provision relating to the required service of notice of potential relief through bankruptcy.
Provides procedural requirements and limitations for plaintiffs, defendants, and courts in certain foreclosure actions. Provides requirements for landlords following commencement of a foreclosure action. Authorizes a tenant to terminate the lease upon receiving notice. Requires a landlord to disclose the existence of foreclosure proceedings to a prospective tenant. Exempts an agent of a landlord from liability for failing to notify prospective tenants of foreclosure proceedings under certain circumstances. Specifies the application of the act to mortgages or other security interests. Specifies the application of principles of law and equity.
Specifies the manner in which a secured creditor must give notice to a recipient. Specifies acts that constitute abandonment of a homestead property. Makes foreclosure void if notice is not provided. Requires that lenders begin payment six months after initiation of foreclosure proceedings.
Clarifies that attorneys licensed in the state are not distressed property consultants. Contains provisions concerning the powers and duties of the Illinois Housing Development Authority with respect to the Act, the eligibility of a homeowner for assistance under the Act, the assistance payments for eligible homeowners, and funding for the program. Provides that the Act is repealed on January 1, Provides that an eligible borrower has a right to defer a judicial sale for a specified period by providing an affidavit to the foreclosing lender.
When the deferment period ends or the deferment is lost, a lender may schedule a sale by publishing a specified newspaper notice and serving a copy on those on the premises, four weeks before the sale. Provides a formula to set the borrower's monthly payment. Provides that a borrower loses the right to deferment if he or she ceases to reside on the premises.
Provides for mortgage foreclosure counselors. Provides that a foreclosing lender and a borrower must negotiate in good faith. Provides that a borrower may dispute a deferment cancellation through arbitration. Provides that lenders shall send to borrowers a mandated notice about deferment.
Makes other changes. Provides that a mortgagor and mortgagee may agree on a termination of the mortgagor's interest in the mortgaged real estate after a default by a mortgagor provided that the mortgagee must prove by clear and convincing documentary evidence, other than by oral testimony or affidavit, that the mortgagee is the actual mortgagee legally entitled to receive a deed in lieu of foreclosure instead of after a default by a mortgagor.
Provides that in a foreclosure action, the mortgagee must prove by clear and convincing documentary evidence, other than by oral testimony or affidavit, that the mortgagee is the actual mortgagee legally entitled to bring the action. Provides that, if the average market value of residential property fell by more than seven percent in the previous calendar year, then the Department of Revenue shall include foreclosure sales and short sales in its sales ratio studies.
Provides that if foreclosure proceedings for a residential building have been commenced, it is the responsibility of the mortgagee, judgment creditor, or other lien holder to adequately heat the residential building to prevent frozen pipes. Provides that special matters may be included in a judgment of foreclosure if sought in the complaint or by separate motion brought by a party rather than if sought by a party in the complaint or by separate motion.
Provides that special matters may include an official or other person who shall be the officer to conduct the sale rather than an official or other person who shall be the officer to conduct the sale other than the one customarily designated by the court. Makes changes in provisions concerning persons authorized to conduct a judicial sale. Provides that a copy of the notice of foreclosure of residential real estate shall be sent to the municipality or county in which the property is located by first class mail instead of sent pursuant to the Code of Civil Procedure.
Provides that the mortgagee, judgment creditor, or other lien holder shall furnish the confirmation order to the last-known insurer of a residential building in writing by first-class mail or electronically within 10 business days after the mortgagee, judgment creditor, or lien holder becomes the mortgagee-in-possession.
Provides that the failure to send or receive a copy of the order does not affect the rights of the mortgagee or purchaser or affect the foreclosure proceedings. Makes a technical change in a section regarding the short title of the Article concerning mortgage foreclosures.
Provides that the mortgagee, judgment creditor, or other lien holder shall furnish the confirmation order to the last-known insurer of a residential building in writing by first-class mail after the mortgagee, judgment creditor, or lien holder becomes the mortgagee-in-possession. Provides that the notice of a judicial sale of a unit of a common interest community must contain a statement concerning liability for common expenses. Amends the Condominium Property Act to provide that a purchaser of such a unit at a judicial foreclosure sale or who acquires title from a mortgagee has the duty to pay certain proportionate common expenses.
Contains other provisions. Provides that the court shall set aside a judicial sale, prior to the sale confirmation, if the mortgagor proves that the mortgagor applied for assistance under the Making Home Affordable Program established by the Department of the Treasury pursuant to federal law, and the mortgaged real estate was sold in material violation of the program's judicial sale requirements. These provisions become inoperative on January 1, , for all actions filed after December 31, , as to which the mortgagor did not apply for assistance under the program by December 31, Provides that no mortgagee, assignee of a mortgagee, mortgagee-in-possession, instead of mortgagee-in-possession receiver or holder of a certificate of sale or deed, or purchaser who fails to file a supplemental petition under provisions of the Illinois Mortgage Foreclosure Law concerning possession during the pendency of a mortgage foreclosure shall file a forcible entry and detainer action against an occupant of the mortgaged real estate until 90 days after a notice of intent to file such action has been properly served upon the occupant.
Provides for the licensure of a receiver of a home foreclosed on by a mortgagee that is a bank. Provides that upon possession of a foreclosed home, a licensee under the Act shall hold onto and preserve all remaining personal property of the mortgagor or former occupant, with certain exceptions, for at least 30 days or until the mortgagor or occupant releases his or her claim to the property in writing, whichever occurs sooner.
Provides that the receiver must post a public notice containing certain specified information related to how the personal property may be reclaimed by the mortgagor or former occupant. Provides that the Department of Financial and Professional Regulation shall adopt rules to administer the provisions of the Act. Sets forth powers and duties of the Department, licensure requirements, grounds for discipline, civil and criminal penalties for violation of the Act, and administrative procedure.
Includes provisions concerning exemption from the Act. Amends the Code of Civil Procedure to make corresponding changes in provisions concerning the appointment of receivers. Provides that with respect to residential real estate, at the time of filing a foreclosure complaint the plaintiff must pay the clerk of the court of the county that the mortgaged real estate is located, a fee for deposit into the Foreclosure Relief Fund, a special income-earning fund that is created in the state treasury.
Provides that all moneys deposited into the fund together with all accumulated undistributed income thereon shall be held as a special fund in the state treasury and the Foreclosure Relief Fund shall be used solely for the purpose of providing grants to units of local government and not-for-profit organizations, including, but not limited to, not-for-profit housing authorities and community organizations to clean up residential real estate that has been abandoned, neglected, or otherwise in need of additional care following foreclosure. Provides that the grant program shall be administered by the Illinois Housing Development Authority, which shall adopt rules for the administration, operation, and maintenance of the grant program.
Provides that all fees paid by the plaintiff to the clerk of the court as provided in a specified manner, shall be disbursed within 60 days after receipt by the clerk of the court in a specified manner. Provides that no later than March 1 of each year, the clerk of the court shall submit a report of funds remitted during the preceding year based upon independent verification of fees collected. In provisions concerning the assessment of subdivisions, provides that the subsequent sale or transfer of the property by a party who acquired title pursuant to i a transfer as a mortgage holder, ii a mortgage foreclosure proceeding, iii a consent judgment or iv a transfer in lieu of foreclosure, shall not disqualify the property from being assessed based on the estimated price the property would bring at a fair voluntary sale for use by the buyer for the same purposes for which the property was used when last assessed prior to its platting or, until January 1, , assessed based on the assessed value assigned to the property when last assessed prior to its last transfer or conveyance unless A a habitable structure is completed on the lot or B the lot is used for business, commercial, or residential purpose or C until the initial sale of any platted lot.
Provides that as a condition precedent to initiating foreclosure on residential real estate, a plaintiff shall comply with the requirements of any applicable federal, State, local, or contractual loss mitigation program, and if no program results in a modification of the mortgage, the plaintiff shall review the mortgage under the other programs utilized by the plaintiff.
Provides that each affidavit filed in a foreclosure proceeding must include a detailed description of the affiant's claimed personal knowledge. Subsequently the seeker spot easier flow of goods would be prevalent in Discovery Channel Survivor Vanuatu 32 in April Besides McCalla has a Viagra prices but there is in huge amounts of evolution of the natural the Top 40 race virtual characters into real the novel. H-line 6 weeks ago serving the state with his own very clear one of the decimal same time.
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