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IL SB3810
Bill
AI Summary
SB3810 Summary: Uniform Assignment of Rents Act
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Establishes a uniform legal framework governing the assignment of rental income from real property as security for obligations, defining key terms including assignee, assignor, rents, and security interests.
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Permits security instruments to automatically create assignments of rents from described real property unless stated otherwise, with such assignments creating a presently effective security interest in all accrued and unaccrued rents.
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Allows recordation of rent assignment documents in county clerk/recorder offices with the same procedures as other real property conveyances; upon recording, the security interest is fully perfected regardless of any conditions on enforcement.
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Establishes three enforcement methods for assignees: appointment of a receiver by court order, notification demanding payment to the assignor, or notification to tenants directing rent payment to the assignee instead of the landlord.
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Provides tenant protections including a 30-day grace period before default for rent payments due within 30 days of receiving an assignment notification, and restricts enforcement against owner-occupied residential properties.
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Specifies application of collected rents: first to assignee's enforcement expenses and attorney fees, then property maintenance costs, then the secured obligation, then subordinate liens, and finally to the assignor.
Legislative Description
UNIFORM ASSIGNMENT RENTS ACT
Last Action
Session Sine Die
1/8/2013