Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0201

Introduced
1/31/23  
Refer
1/31/23  
Refer
2/7/23  
Report Pass
3/22/23  
Engrossed
3/30/23  
Refer
4/11/23  
Refer
4/11/23  
Report Pass
4/19/23  
Enrolled
5/8/23  
Chaptered
6/9/23  

Caption

FORECLOSURE-SEAL FILE-COVID19

Impact

The modifications in SB0201 will impact state laws by establishing clearer protocols for foreclosure notifications. By mandating that notices be sent to municipalities or counties alongside mandatory publication requirements, the bill ensures local authorities are kept informed about pending foreclosure actions. Additionally, it explains the process for sealing court filings to protect the privacy of individuals facing financial difficulties during the pandemic. The bill emphasizes a more compassionate approach to handling foreclosures, especially during periods of economic distress.

Summary

SB0201 aims to amend the Illinois Code of Civil Procedure regarding foreclosure notices and procedures specifically during the COVID-19 emergency period. The bill introduces a provision that allows the sealing of court files for foreclosures initiated during the COVID-19 emergency and economic recovery period if the foreclosure action is deemed exempt from federal moratoria. This measure is designed to help mitigate the negative impacts of the pandemic on homeowners facing foreclosures while providing a mechanism to manage court cases related to these actions more effectively.

Sentiment

Sentiment surrounding SB0201 appears to be generally supportive among lawmakers focused on promoting economic recovery and protecting vulnerable homeowners. The emphasis on sealing court files during a healthcare crisis resonates with advocates for social justice and housing stability. However, there may also be concerns raised about the implications of sealing legal documents for potential transparency issues, but proponents argue that the necessity for privacy during sensitive times outweighs these concerns.

Contention

Key points of contention relate to the balance between transparency in judicial proceedings and the need to protect individuals during crises like the pandemic. Critics may argue that sealing court files could hinder accountability and public oversight in foreclosure proceedings. Conversely, the supporters contend that allowing court file sealing is vital to ensuring that those affected by foreclosure during the pandemic are treated with dignity and that their situations are handled with the needed discretion. The ongoing debates highlight the tension between legal processes and the humanitarian aspects of housing security.

Companion Bills

No companion bills found.

Previously Filed As

IL SB2919

JUDICIAL FORECLOSURE PROCEDURE

IL SB25

Regards real property foreclosures

IL S312

Changes to Liens and Foreclosures by HOAs

IL HB632

Regards real property foreclosures

IL SB135

Regards real property foreclosures and estate sales

IL SB1323

Foreclosure: equity sale: multiple listing.

IL S2385

Mortgage Foreclosure And Sale

IL HB05567

An Act Concerning Alternatives To Foreclosures, The Foreclosure Mediation Program, And The Mortgagor In Good Standing Statutes.

IL HB247

Real Property - Residential Foreclosures - Procedures

IL S2639

The "New Jersey Online Foreclosure Sale Act;" permits online foreclosure sales for real property.

Similar Bills

NJ A4864

Expands scope of Foreclosure Mediation Assistance Program during State of Emergency to allow use of program funds for payment to counselors who help disaster victims process applications for assistance.

TX SB767

Relating to the regulation of certain residential mortgage foreclosure consulting services; providing a criminal penalty.

CA SB1447

Income tax: sales and use tax: credit: small business.

NJ S3795

Expands scope of Foreclosure Mediation Assistance Program during State of Emergency to allow use of program funds for payment to counselors who help disaster victims process applications for assistance.

CT HB06463

An Act Concerning Foreclosure Mediation.

CT HB06351

An Act Concerning Foreclosure Mediation And Assistance Programs, The Highly Compensated Employee Exemption For Mortgage Loan Originators, General-use Prepaid Cards And Neighborhood Protection.

NJ S4142

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.

NJ A3772

Revises process for property tax lien holder to foreclose right to redeem a property tax lien; allows property owner to protect remaining equity.