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| Public Act 096-0060 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections 9-117 and 15-1701 as follows:
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(735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
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Sec. 9-117. Expiration of Judgment. No judgment for | ||||
possession
obtained in an action brought under this Article may | ||||
be enforced more than 120
90 days after judgment is entered, | ||||
unless upon motion by the plaintiff
the court grants an | ||||
extension of the period of enforcement of the judgment.
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Plaintiff's notice of motion shall contain the following notice | ||||
directed
to the defendant:
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"Your landlord, (insert name), obtained an eviction | ||||
judgment against
you on (insert date), but the sheriff did | ||||
not evict you within the 120 90 days
that the landlord has | ||||
to evict after a judgment in court. On the date
stated in | ||||
this notice, your landlord will be asking the court to | ||||
allow the
sheriff to evict you based on that judgment. You | ||||
must attend the court
hearing if you want the court to stop | ||||
the landlord from having you evicted.
To prevent the | ||||
eviction, you must be able to prove that (1) the landlord
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and you made an agreement after the judgment (for instance, | ||||
to pay up back
rent or to comply with the lease) and you | ||
have lived up to the agreement;
or (2) the reason the | ||
landlord brought the original eviction case has been
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resolved or forgiven, and the eviction the landlord now | ||
wants the court to
grant is based on a new or different | ||
reason; or (3) that you have another
legal or equitable | ||
reason why the court should not grant the landlord's
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request for your eviction."
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The court shall grant the motion for the extension of the | ||
judgment of
possession unless the defendant establishes that | ||
the tenancy has been
reinstated, that the breach upon which the | ||
judgment was issued has
been cured or waived, that the | ||
plaintiff and defendant entered into a
post-judgment agreement | ||
whose terms the defendant has performed, or that
other legal or | ||
equitable grounds exist that bar enforcement of the judgment.
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This Section does not apply to any action based upon a breach | ||
of a contract
entered into on or after July 1, 1962, for the | ||
purchase of premises in
which the court has entered a stay | ||
under Section 9-110; nor shall this
Section apply to any action | ||
to which the provisions of Section 9-111 apply;
nor shall this | ||
Section affect the rights of Boards of Managers under
Section | ||
9-104.2.
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(Source: P.A. 86-1280.)
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(735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
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Sec. 15-1701. Right to possession.
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(a) General. The provisions of
this Article shall govern | ||
the right to possession of the mortgaged real
estate during | ||
foreclosure. Possession under this Article includes physical
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possession of the mortgaged real estate to the same extent to | ||
which the
mortgagor, absent the foreclosure, would have been | ||
entitled to physical
possession. For the purposes of Part 17, | ||
real estate is residential real estate
only if it is | ||
residential real estate at the time the foreclosure is | ||
commenced.
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(b) Pre-Judgment. Prior to the entry of a judgment of | ||
foreclosure:
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(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 | ||
(iii) the court is satisfied that
there is a reasonable | ||
probability that the mortgagee will prevail on a final
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hearing of the cause, the court shall upon request place | ||
the mortgagee in
possession. If the residential real estate | ||
consists of more than one dwelling
unit, then for the | ||
purpose of this Part residential real estate shall mean | ||
only
that dwelling unit or units occupied by persons | ||
described in clauses (i), (ii)
and (iii) of Section | ||
15-1219.
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(2) In all other cases, if (i) the mortgagee is so | ||
authorized by the
terms of the mortgage or other written | ||
instrument, and (ii) the court is
satisfied that there is a | ||
reasonable probability that the mortgagee will
prevail on a | ||
final hearing of the cause, the mortgagee shall
upon | ||
request be placed in possession of the real estate, except | ||
that if the
mortgagor shall object and show good cause, the | ||
court shall allow the
mortgagor to remain in possession.
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(c) Judgment Through 30 Days After Sale Confirmation. After | ||
the entry
of a judgment of foreclosure and through the 30th day | ||
after a foreclosure
sale is confirmed:
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(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 | ||
duties of a mortgagee in possession
under this Article.
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(2) Notwithstanding paragraph (1) of subsection (b) | ||
and paragraph (1) of
subsection (c) of Section 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 (i) the | ||
mortgagor pays to the mortgagee or such holder or
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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. Any amounts | ||
paid by the mortgagor
pursuant to this subsection shall be | ||
credited against the amounts due from the
mortgagor.
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(d) After 30 Days After Sale Confirmation. The holder of
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the certificate of sale or deed issued pursuant to that | ||
certificate or, if
no certificate or deed was issued, the | ||
purchaser, except to the extent the
holder or purchaser may | ||
consent otherwise, shall be entitled to possession of
the | ||
mortgaged real estate, as of the date 30 days after the order | ||
confirming
the sale is entered, against those parties to the | ||
foreclosure whose interests
the court has ordered terminated, | ||
without further notice to any party, further
order of the | ||
court, or resort to proceedings under any other statute other | ||
than
this Article.
This right to possession shall be limited by | ||
the provisions
governing entering and enforcing orders of | ||
possession under subsection (g) of
Section
15-1508.
If the | ||
holder or purchaser determines that there are occupants
of the | ||
mortgaged real estate who have not been made parties to the | ||
foreclosure
and had their interests terminated therein, the | ||
holder or purchaser may bring a
proceeding under subsection (h) | ||
of this Section or under Article 9 of this Code
to terminate | ||
the rights of possession of any such occupants. The holder or
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purchaser shall not be entitled to proceed against any such | ||
occupant under
Article 9 of this Code until after 30 days after | ||
the order confirming the sale
is entered.
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(e) Termination of Leases. A lease of all or any part of | ||
the mortgaged
real estate shall not be terminated automatically | ||
solely by virtue of the entry
into possession by (i) a | ||
mortgagee or receiver prior to the entry of an order
confirming | ||
the sale, (ii) the holder of the certificate of sale, (iii) the
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holder of the deed issued pursuant to that certificate, or (iv) | ||
if no
certificate or deed was issued, the purchaser at the | ||
sale.
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(f) Other Statutes; Instruments. The provisions of this | ||
Article
providing for possession of mortgaged real estate shall | ||
supersede any other
inconsistent statutory provisions. In | ||
particular, and without limitation,
whenever a receiver is | ||
sought to be appointed in any action in which a
foreclosure is | ||
also pending, a receiver shall be appointed only in
accordance | ||
with this Article. Except as may be authorized by this Article,
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no mortgage or other instrument may modify or supersede the | ||
provisions of this
Article.
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(g) Certain Leases. Leases of the mortgaged real estate | ||
entered into by
a mortgagee in possession or a receiver and | ||
approved by the court in a
foreclosure shall be binding on all | ||
parties, including the mortgagor after
redemption, the | ||
purchaser at a sale pursuant to a judgment of foreclosure
and | ||
any person acquiring an interest in the mortgaged real estate | ||
after
entry of a judgment of foreclosure in accordance with | ||
Sections 15-1402 and
15-1403.
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(h) Proceedings Against Certain Occupants.
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(1) The mortgagee-in-possession of the mortgaged real | ||
estate under Section
15-1703, a receiver appointed under | ||
Section 15-1704, a holder of the
certificate of sale or | ||
deed, or the purchaser may, at any time during the
pendency | ||
of the foreclosure and up to 90 days after the date of the | ||
order
confirming the sale,
file a supplemental petition for | ||
possession against a person not personally
named as a party
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to the foreclosure. The supplemental petition for | ||
possession shall name each such
occupant against whom | ||
possession is sought and state the facts upon which the
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claim for relief is premised.
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(2) The petitioner shall serve upon each named occupant | ||
the petition,
a notice of hearing on the petition, and, if | ||
any, a copy of the certificate of
sale or deed. The | ||
proceeding for the termination of such occupant's | ||
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 hearing shall be | ||
no less
than 21 days from the date of service of the | ||
notice.
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(3) The supplemental petition shall be heard as part of | ||
the foreclosure
proceeding and without the payment of | ||
additional filing fees. An order for
possession obtained | ||
under this Section shall name each occupant whose interest
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has been terminated, shall recite that it is only effective | ||
as to the occupant
so named and those holding under them, | ||
and shall be enforceable for no more
than 120 90 days after | ||
its entry, except that the 120-day 90-day period may be | ||
extended to
the extent and in the manner provided in | ||
Section 9-117 of Article 9 and except as provided in item | ||
(4) of this subsection (h). | ||
(4) In a case of foreclosure where the tenant is | ||
current on his or her rent, or where timely written notice | ||
of to whom and where the rent is to be paid has not been | ||
provided to the tenant, or where the tenant has made | ||
good-faith efforts to make rental payments in order to keep | ||
current, 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. If the | ||
tenant has been given timely written notice of to whom and | ||
where the rent is to be paid, this item (4) shall only | ||
apply if the tenant continues to pay his or her rent in | ||
full during the 120-day period or has made good-faith | ||
efforts to pay the rent in full during that period.
No | ||
mortgagee-in-possession, receiver or holder of a | ||
certificate of sale or deed, or purchaser who fails to file | ||
a supplemental petition under this subsection during the | ||
pendency of a mortgage foreclosure shall file a forcible | ||
entry and detainer action against a tenant of the mortgaged | ||
real estate until 90 days after a notice of intent to file | ||
such action has been properly served upon the tenant. | ||
(5) The court records relating to a supplemental | ||
petition for possession filed under this subsection (h) | ||
against a tenant who is entitled to notice under item (4) | ||
of this subsection (h), or relating to a forcible entry and | ||
detainer action brought against a tenant who would have | ||
lawful possession of the premises but for the foreclosure | ||
of a mortgage on the property, shall be ordered sealed and | ||
shall not be disclosed to any person, other than a law | ||
enforcement officer or any other representative of a | ||
governmental entity, except upon further order of the | ||
court.
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(Source: P.A. 95-262, eff. 1-1-08; 95-933, eff. 8-26-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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