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IL HB5731

Bill

Status

Failed

1/8/2013

Primary Sponsor

Monique Davis

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • Creates a new "right to rent" provision allowing eligible mortgagors to remain in foreclosed properties as tenants after foreclosure proceedings by paying fair market rent approved by the court.

  • Establishes eligibility requirements: mortgagor must occupy a single-family property as principal residence for at least 2 years, mortgage must have originated before July 1, 2007, and property purchase price must be below median for the area.

  • Requires parties entitled to possession to provide 30 days' written notice of the right to rent, with specific notice requirements including 14-point bold type and detailed terms of tenancy.

  • Sets rental rate at fair market value approved by court, not to exceed the mortgagor's original monthly mortgage payment; allows either party to request redetermination after 12 months.

  • Provides eligible mortgagors who occupy property for at least 12 months and maintain it properly receive 5% of sale price; applies to pending foreclosures and foreclosures commenced within 5 years of June 1, 2012 effective date.

Legislative Description

CIV PRO-FORECLOSE-RENTAL RIGHT

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Rules3/9/2012
Judiciary I - Civil Law2/21/2012
Rules2/16/2012

Full Bill Text

No bill text available