Fabio
141 lines
12 KiB
Markdown
141 lines
12 KiB
Markdown
---
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type: "Bill"
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title: "CIV PRO-FORECLOSURE-FEE REFUND"
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description: "Amends the Illinois Housing Development Act. Adds a cross reference to the Code of Civil Procedure in a Section concerning the Abandoned Residential Property Municipality Relief Program. Amends the Code of Civil Procedure. Provides that 2% of certain fees collected shall be retained by the clerk of court for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses. Replaces provisions concerning the imposition of additional fees with language providing that until January 1, 2018, with respect to residential real estate, at the time of the filing of a foreclosure complaint, the plaintiff or plaintiff's representative shall: file a statement that states which additional fee is due; or comply with other process established by the court for a plaintiff to certify which additional fee is due. Provides that if a plaintiff fails to provide the clerk of the court with a true and correct statement of the additional fee due, and the mortgagor reimburses the plaintiff for any erroneous additional fee that was paid by the plaintiff to the clerk of the court, the mortgagor may seek a refund of any overpayment of the fee in an amount that does not exceed the difference between the higher additional fee paid and the actual fee due. Provides that the mortgagor must petition the judge in the foreclosure action for the award of any fee overpayment, and the award shall be determined by the judge and paid by the clerk of the court out of the Circuit Court Clerk Operation and Administrative Fund. Provides that the refund is the mortgagor's sole remedy and a mortgagor has no private right of action against the plaintiff or plaintiff's representatives if the additional fee paid by the plaintiff is erroneous. Provides that certain motions for an expedited judgment and sale shall be heard by the court no later than 21 (instead of 15) days after the period to answer the foreclosure complaint has expired, or, if a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, no later than 21 (instead of 15) days after the motion is filed. Effective June 1, 2013."
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jurisdiction: "us/states/il"
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legislature: "Illinois General Assembly"
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session: "98th"
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identifier: "SB 1674"
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citation: "Illinois SB 1674 (98th)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: []
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version_count: 3
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action_count: 76
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vote_count: 3
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first_action: "2013-02-13"
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last_action: "2013-06-11"
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source: "openstates"
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source_identifier: "ocd-bill/7d1602d4-0dfe-428a-a0bd-9a06fab7f3aa"
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source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=1674&GAID=12&DocTypeID=SB&LegId=72553&SessionID=85&GA=98"
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source_hash: "11725b38806af366a23be9c0760e9e1df090ba444d63299d827eea012a7eea15"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-il"]
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---
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# Illinois SB 1674 (98th) — CIV PRO-FORECLOSURE-FEE REFUND
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Amends the Illinois Housing Development Act. Adds a cross reference to the Code of Civil Procedure in a Section concerning the Abandoned Residential Property Municipality Relief Program. Amends the Code of Civil Procedure. Provides that 2% of certain fees collected shall be retained by the clerk of court for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses. Replaces provisions concerning the imposition of additional fees with language providing that until January 1, 2018, with respect to residential real estate, at the time of the filing of a foreclosure complaint, the plaintiff or plaintiff's representative shall: file a statement that states which additional fee is due; or comply with other process established by the court for a plaintiff to certify which additional fee is due. Provides that if a plaintiff fails to provide the clerk of the court with a true and correct statement of the additional fee due, and the mortgagor reimburses the plaintiff for any erroneous additional fee that was paid by the plaintiff to the clerk of the court, the mortgagor may seek a refund of any overpayment of the fee in an amount that does not exceed the difference between the higher additional fee paid and the actual fee due. Provides that the mortgagor must petition the judge in the foreclosure action for the award of any fee overpayment, and the award shall be determined by the judge and paid by the clerk of the court out of the Circuit Court Clerk Operation and Administrative Fund. Provides that the refund is the mortgagor's sole remedy and a mortgagor has no private right of action against the plaintiff or plaintiff's representatives if the additional fee paid by the plaintiff is erroneous. Provides that certain motions for an expedited judgment and sale shall be heard by the court no later than 21 (instead of 15) days after the period to answer the foreclosure complaint has expired, or, if a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, no later than 21 (instead of 15) days after the motion is filed. Effective June 1, 2013.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800SB1674&GA=98&SessionId=85&DocTypeId=SB&LegID=72553&DocNum=1674&GAID=12&Session=&print=true)
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2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800SB1674eng&GA=98&SessionId=85&DocTypeId=SB&LegID=72553&DocNum=1674&GAID=12&Session=&print=true)
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3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09800SB1674enr&GA=98&SessionId=85&DocTypeId=SB&LegID=72553&DocNum=1674&GAID=12&Session=&print=true)
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## Votes
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- Concurrence, Amendment 4 — **49–7** (pass) · upper
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- Third Reading — **55–0** (pass) · upper
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- Third Reading — **89–26** (pass) · lower
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## Sponsors
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- Camille Y. Lilly — cosponsor (person)
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- Emanuel Chris Welch — cosponsor (person)
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- Jacqueline Y. Collins — primary (person)
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- Marcus C. Evans, Jr. — cosponsor (person)
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- William Davis — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2013-02-13** Filed with Secretary by Sen. Jacqueline Y. Collins `filing`
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- **2013-02-13** Chief Co-Sponsor Sen. John G. Mulroe
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- **2013-02-13** First Reading `reading-1`
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- **2013-02-13** Referred to Assignments `referral-committee`
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- **2013-02-27** Assigned to Financial Institutions `referral-committee`
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- **2013-03-05** Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins `amendment-introduction`
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- **2013-03-05** Senate Committee Amendment No. 1 Referred to Assignments `referral-committee`
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- **2013-03-06** Senate Committee Amendment No. 1 Assignments Refers to Financial Institutions
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- **2013-03-06** Added as Co-Sponsor Sen. Michael E. Hastings
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- **2013-03-06** Senate Committee Amendment No. 1 Adopted `amendment-passage`
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- **2013-03-06** Do Pass as Amended Financial Institutions; 011-000-000 `committee-passage`
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- **2013-03-06** Placed on Calendar Order of 2nd Reading March 7, 2013
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- **2013-03-12** Second Reading `reading-2`
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- **2013-03-12** Placed on Calendar Order of 3rd Reading March 13, 2013
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- **2013-04-10** Third Reading - Passed; 055-000-000 `reading-3, passage`
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- **2013-04-10** Arrived in House `introduction`
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- **2013-04-10** Chief House Sponsor Rep. André M. Thapedi
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- **2013-04-11** First Reading `reading-1`
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- **2013-04-11** Referred to Rules Committee `referral-committee`
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- **2013-05-06** Assigned to Financial Institutions Committee `referral-committee`
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- **2013-05-06** House Committee Amendment No. 1 Filed with Clerk by Rep. André M. Thapedi `amendment-introduction`
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- **2013-05-06** House Committee Amendment No. 1 Referred to Rules Committee `referral-committee`
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- **2013-05-10** Final Action Deadline Extended-9(b) May 24, 2013
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- **2013-05-13** House Committee Amendment No. 2 Filed with Clerk by Rep. André M. Thapedi `amendment-introduction`
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- **2013-05-13** House Committee Amendment No. 2 Referred to Rules Committee `referral-committee`
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- **2013-05-14** House Committee Amendment No. 2 Rules Refers to Financial Institutions Committee
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- **2013-05-14** Do Pass / Short Debate Financial Institutions Committee; 010-000-000 `committee-passage`
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- **2013-05-14** House Committee Amendment No. 1 Tabled Pursuant to Rule 40 `amendment-failure`
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- **2013-05-14** House Committee Amendment No. 2 Tabled Pursuant to Rule 40 `amendment-failure`
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- **2013-05-15** Placed on Calendar 2nd Reading - Short Debate
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- **2013-05-15** Added Alternate Chief Co-Sponsor Rep. Rich Brauer
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- **2013-05-15** Added Alternate Chief Co-Sponsor Rep. Monique D. Davis
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- **2013-05-15** Added Alternate Chief Co-Sponsor Rep. Maria Antonia Berrios
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- **2013-05-17** Second Reading - Short Debate `reading-2`
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- **2013-05-17** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2013-05-24** Alternate Chief Co-Sponsor Removed Rep. Maria Antonia Berrios
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- **2013-05-24** Alternate Chief Co-Sponsor Removed Rep. Rich Brauer
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- **2013-05-24** House Floor Amendment No. 3 Filed with Clerk by Rep. André M. Thapedi `amendment-introduction`
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- **2013-05-24** House Floor Amendment No. 3 Referred to Rules Committee `referral-committee`
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- **2013-05-24** Final Action Deadline Extended-9(b) May 31, 2013
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- **2013-05-26** House Floor Amendment No. 3 Rules Refers to Financial Institutions Committee
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- **2013-05-26** House Floor Amendment No. 3 Recommends Be Adopted - Lost Financial Institutions Committee; 004-005-002 `committee-passage-favorable`
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- **2013-05-27** House Floor Amendment No. 4 Filed with Clerk by Rep. André M. Thapedi `amendment-introduction`
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- **2013-05-27** House Floor Amendment No. 4 Referred to Rules Committee `referral-committee`
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- **2013-05-27** House Floor Amendment No. 5 Filed with Clerk by Rep. André M. Thapedi `amendment-introduction`
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- **2013-05-27** House Floor Amendment No. 5 Referred to Rules Committee `referral-committee`
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- **2013-05-27** House Floor Amendment No. 4 Rules Refers to Financial Institutions Committee
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- **2013-05-28** House Floor Amendment No. 4 Recommends Be Adopted Financial Institutions Committee; 012-000-000 `committee-passage-favorable`
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- **2013-05-28** Added Alternate Chief Co-Sponsor Rep. Jehan A. Gordon-Booth
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- **2013-05-28** Added Alternate Co-Sponsor Rep. William Davis
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- **2013-05-28** Added Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
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- **2013-05-28** Added Alternate Chief Co-Sponsor Rep. Lou Lang
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- **2013-05-28** Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
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- **2013-05-29** Recalled to Second Reading - Short Debate `reading-2`
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- **2013-05-29** House Floor Amendment No. 4 Adopted `amendment-passage`
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- **2013-05-29** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2013-05-29** Added Alternate Co-Sponsor Rep. Emanuel Chris Welch
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- **2013-05-29** Third Reading - Short Debate - Passed 089-026-002 `reading-3, passage`
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- **2013-05-29** Added Alternate Co-Sponsor Rep. Camille Y. Lilly
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- **2013-05-29** Secretary's Desk - Concurrence House Amendment(s) 4
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- **2013-05-29** Placed on Calendar Order of Concurrence House Amendment(s) 4 - May 30, 2013
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- **2013-05-29** House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Jacqueline Y. Collins `filing`
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- **2013-05-29** House Floor Amendment No. 4 Motion to Concur Referred to Assignments `referral-committee`
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- **2013-05-30** House Floor Amendment No. 4 Motion to Concur Assignments Referred to Executive `referral-committee`
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- **2013-05-30** House Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Executive; 008-004-000
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- **2013-05-30** Added as Chief Co-Sponsor Sen. Mattie Hunter
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- **2013-05-31** Added as Chief Co-Sponsor Sen. Melinda Bush
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- **2013-05-31** Added as Chief Co-Sponsor Sen. Napoleon Harris, III
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- **2013-05-31** Added as Co-Sponsor Sen. Linda Holmes
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- **2013-05-31** Added as Co-Sponsor Sen. Martin A. Sandoval
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- **2013-05-31** House Floor Amendment No. 4 Senate Concurs 049-007-000
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- **2013-05-31** Passed Both Houses
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- **2013-06-05** Sent to the Governor `executive-receipt`
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- **2013-06-11** Governor Approved `executive-signature`
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- **2013-06-11** Effective Date June 11, 2013
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- **2013-06-11** Public Act . . . . . . . . . 98-0020 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/7d1602d4-0dfe-428a-a0bd-9a06fab7f3aa`. Confidence: reported (aggregated from official Illinois legislature records).
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