HB 5760 Illinois House · 97th Regular Session

CONDO-LIEN-FORECLOSURE FEES

Summary
Amends the Condominium Property Act. In provisions concerning liens for amounts due, for unpaid common expenses, provides, with respect to a condominium unit in foreclosure, that a mortgagee who receives title to a unit by purchase at a judicial foreclosure sale, by a deed in lieu of foreclosure, or by a court order pursuant to a foreclosure shall pay the unpaid proportionate share of the common expenses for the unit, related late charges, and attorney's fees that accrued before the mortgagee acquired title and those that later become due, up to the date of the conveyance of the unit pursuant to a sale by the mortgagee. Provides that a purchaser at a judicial foreclosure sale or a person who purchases a foreclosed unit from the mortgagee has no obligation to pay for the unpaid proportionate share of the common expenses for the unit, related late charges, or attorney's fees which accrued before the purchaser acquired title. Deletes language providing that: (i) the purchaser at a judicial foreclosure sale or a mortgagee who receives title by deed in lieu of foreclosure or by a court order shall pay the unit's common expenses from and after the first day of the month after the delivery of the deed in lieu of foreclosure, the sale, or the court order; and (ii) a person who buys a unit, other than a mortgagee, at a judicial foreclosure sale or from a mortgagee shall have the duty to pay the proportionate share of unpaid unit common expenses which would have become due (without any assessment acceleration) during the 6 months before the filing of an action to collect assessments. Makes other changes.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2012
Committee Review
Floor Vote
Governor
Introduced Feb 16, 2012 Last action Jan 8, 2013
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Full legislative history

Actions timeline

Total actions
9
Key actions
1
Committee
5
Mar 9, 2012
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Mar 7, 2012
Lower · Passed
Remains in Judiciary I - Civil Law Committee
lower
Mar 7, 2012
Committee
Motion Do Pass - Lost Judiciary I - Civil Law Committee; 004-006-000
lower
Feb 21, 2012
Committee
Assigned to Judiciary I - Civil Law Committee
lower
Feb 16, 2012
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor

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