Illinois Mortgage Foreclosure - Tenant Notice HB3863

If you are a Landlord or Tenant, you need to read this with both eyes open.

HB3863 "Amends the Code of Civil Procedure. Provides that the homeowner notice attached to the summons in a residential mortgage foreclosure action shall include directions concerning giving written notice to any tenants about the foreclosure and the tenant's right to remain on the premises.

Provides that an occupant may file an action for failure to provide notice and recover $200 plus actual damages, attoreny's fees, and costs.

Provides that a purchaser of property in a foreclosure must give notice to any occupants of the property that he or she has acquried the mortgaged real estate.

Provides that a mortgator in a foreclosure must notify any occupant of the foreclosure action.

Provides tha the purchaser of property sold at a court foreclosure sale must provide a notice of rights to occupants of the proeprty within 7 days after the confirmation of the sale.

Provides that until the rights of possession in a condition that is safe, healthful, and fit for occupancy.

Provides that a receiver shall give similar written notices and may not increase the rent without leave of court. Provides that the court may allow a rent increase by a receiver or a mortgagee in possession if it finds that an increase is necessary to operate the property, after notice to all occupants affected by an increase, but nothing in the Act shall alter the lease. Makes other changes. Effective immediately.

FURTHER AMENDS the Mortgage Foreclosure Article of the Code of Civil Procedure in relation to residential property foreclosures. Makes various changes regarding the duty of a holder of hte certificate of sale or deed, a purchaser, a mortgagee in possession, and a receiver to: make a diligent inquiry to ascertain the identities and addresses of all occupants of dwelling units of the mortgage real estate and notify all known occupants of dwelling units of the mortgage real estate and he or she has acquired the mortgaged real estate; provide a notice of rights and information about the new ownership advising where inquiries about rent or proeprty repairs may be made and the notices shall be posted at common entrances or at the primary entrance of each dwelling unit; maintain utility services that had been the owner's obligation; and maintain the property. Provides that a holder or purchaser and an occupant may enter into a new lease that changes the respective utility obligations. Provides that, in a foreclosure action filed on or before the effective date of the Act, a holder or purchaser, receiver, or mortgagee in possession required to serve notice or otherwise comply with specified provisions shall have an additional 60 days to comply with the Act. Makes other changes. Effective 90 days after becoming law."

Source: 96th General Assembly - House Bill 3863