HB 3806 Illinois House · 96th Regular Session

CIV PRO-FORECLOSURE PREVENTION

Summary
Amends the Code of Civil Procedure by adding an Article that may be cited as the Mortgage Foreclosure Prevention Law of 2009. 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, 4 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. Provides that a lender who acts in bad faith or recklessly in violation of these provisions is liable to a person injured for actual damages, statutory damages up to $25,000, punitive damages, costs, and attorney's fees. Makes other changes. Effective 7 days after becoming law.
Bill status failed 3 of 5 stages cleared
Introduction
Apr 2009
Committee Review
Jan 2011
House Passage
Apr 2009
Senate Passage
Governor
Introduced Apr 15, 2009 Last action Jan 11, 2011
Floor votes · House Apr 3, 2009

How they voted

108–0
Passed · 5 other
Total votes 113
Apr 3, 2009
D Democratic65
61 Yea 4
93% Yea
R Republican48
47 Yea 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
43
Key actions
6
Committee
14
Amendments
6
Jan 2, 2011
Committee
Pursuant to Senate Rule 3-9(b) / Referred to Assignments
upper
Nov 30, 2010
Introduced
Senate Floor Amendment No. 2 Recommend Do Adopt Public Health; 006-002-000
upper
Nov 30, 2010
Introduced
Senate Floor Amendment No. 2 Added as Chief Co-Sponsor-Koehler
upper
Nov 29, 2010
Introduced
Senate Floor Amendment No. 2 Assignments Refers to Public Health
upper
Nov 29, 2010
Committee
Senate Floor Amendment No. 2 Referred to Assignments
upper
Nov 29, 2010
Introduced
Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
upper
Jun 27, 2010
Committee
Pursuant to Senate Rule 3-9(b) / Referred to Assignments
upper
Apr 28, 2010
Upper · Passed
Do Pass as Amended Executive; 008-001-004
upper
Apr 28, 2010
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
Apr 28, 2010
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Executive
upper
Apr 28, 2010
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Apr 28, 2010
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
upper
Apr 23, 2010
Upper · Passed
Rule 2-10 Committee Deadline Established As May 7, 2010
upper
Apr 22, 2010
Committee
Re-assigned to Executive
upper
May 8, 2009
Committee
Rule 3-9(a) / Re-referred to Assignments
upper
Apr 22, 2009
Committee
Assigned to Financial Institutions
upper
Apr 15, 2009
Committee
Referred to Assignments
upper
Apr 15, 2009
Introduced
Arrive in Senate
upper
Apr 3, 2009
House · Passed
House Vote: pass (108-0-5)
house
Mar 11, 2009
Lower · Passed
Do Pass / Short Debate Judiciary I - Civil Law Committee; 017-000-000
lower
Mar 3, 2009
Committee
Assigned to Judiciary I - Civil Law Committee
lower
Feb 25, 2009
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.