SB 138 Illinois Senate · 101st Regular Session

CIV PRO-SHORT SALE RESALE

Summary
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure in relation to short sales of property. Provides that, if an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum. Provides that, at the time of an offer, specified disclosures shall be made to the mortgagee in connection with any purchase of a sale. Provides that, upon request by the mortgagee, a certified community development financial institution shall provide documentation evidencing its current certification status. Effective immediately. Senate Committee Amendment No. 1 Provides that "residential property" is limited to the primary (rather than the principal) residence of a person. Provides that specified disclosures shall be made to the mortgagee by the mortgagor. Provides that nothing in the new provisions shall impair, abrogate, or abridge in any manner the rights of the mortgagee to accept or reject an offer to purchase either a mortgage or residential property, nor shall it give rise to a cause of action.
Bill status signed all 5 stages cleared
Introduction
Mar 2019
Committee Review
May 2019
Senate Passage
May 2019
House Passage
May 2019
Signed into Law
Aug 2019
Introduced Mar 27, 2019 Signed Aug 16, 2019
Floor votes · Senate Mar 27, 2019 · House May 27, 2019

How they voted

430
Passed · 5 other
Total votes 48
Mar 27, 2019
D Democratic30
26 Yea 4
86% Yea
R Republican18
17 Yea 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
39
Key actions
8
Committee
11
Amendments
2
Aug 16, 2019
Signed into law
Governor Approved
upper
May 27, 2019
Upper · Passed
Passed Both Houses
upper
May 23, 2019
Lower · Passed
Do Pass / Short Debate Executive Committee; 013-000-000
lower
May 22, 2019
Lower · Passed
Motion Filed to Suspend Rule 21 Executive Committee; Rep. Gregory Harris
lower
May 22, 2019
Committee
Assigned to Executive Committee
lower
May 10, 2019
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Apr 9, 2019
Committee
Assigned to Executive Committee
lower
Mar 27, 2019
Committee
Referred to Rules Committee
lower
Mar 27, 2019
Introduced
Arrived in House
lower
Mar 27, 2019
Senate · Passed
Senate Vote: pass (43-0-5)
senate
Mar 13, 2019
Upper · Passed
Do Pass as Amended Financial Institutions; 007-000-000
upper
Mar 13, 2019
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
Mar 6, 2019
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Financial Institutions
upper
Mar 4, 2019
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Mar 4, 2019
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
upper
Jan 30, 2019
Committee
Assigned to Financial Institutions
upper
Jan 29, 2019
Committee
Referred to Assignments
upper
0 primary · 4 co-sponsors

Sponsors

No sponsor information available.