SB 1259 Illinois Senate · 97th Regular Session

CIV PRO-FORECLOSURE-SHORT SALE

Summary
Amends the Code of Civil Procedure. Defines "short sale" as the sale of real estate that is subject to a mortgage for an amount that is less than the amount owed to the mortgagee on the outstanding mortgage loan. Provides that in a foreclosure of residential property, if the mortgagor presents to the mortgagee, which is a banking organization or corporation, a bona fide written offer from a third party to purchase the property in foreclosure which is for an amount that constitutes a short sale, and the mortgagor requests that the mortgagee approve the short sale, then the mortgagee must respond within 30 days and must agree to the short sale unless there is a reasonable justification to not do so. Provides that the fact that the proceeds of the short sale would be insufficient to satisfy the mortgage note does not constitute a reasonable justification. Provides that if the mortgagee approves the short sale, the mortgagee agrees as part of the closing of the short sale: to termination of the mortgagor's interest in the property and acceptance the sale proceeds in full satisfaction of the outstanding mortgage loan; to relieve from personal liability all persons who may owe payment or the performance of other obligations secured by the mortgage, including guarantors; and to waive all rights to a personal judgment for deficiency against the mortgagor and all other persons liable under the mortgage.
Bill status signed all 5 stages cleared
Introduction
Apr 2011
Committee Review
Oct 2011
Senate Passage
Oct 2011
House Passage
Oct 2011
Signed into Law
Jan 2012
Introduced Apr 13, 2011 Signed Jan 13, 2012
Floor votes · Senate Apr 13, 2011 · House Oct 26, 2011

How they voted

460
Passed · 1 other
Total votes 47
Apr 13, 2011
D Democratic28
27 Yea 1
96% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
72
Key actions
12
Committee
17
Amendments
15
Jan 13, 2012
Signed into law
Governor Approved
upper
Oct 26, 2011
Upper · Passed
Passed Both Houses
upper
Oct 25, 2011
Lower · Passed
Do Pass / Short Debate Executive Committee; 010-000-000
lower
Oct 6, 2011
Committee
Assigned to Executive Committee
lower
May 31, 2011
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
May 31, 2011
Amended
House Committee Amendment No. 1 Tabled Pursuant to Rule 40
lower
May 29, 2011
Lower · Passed
House Committee Amendment No. 1 Rules Refers to Executive Committee
lower
May 29, 2011
Committee
House Committee Amendment No. 1 Referred to Rules Committee
lower
May 29, 2011
Introduced
House Committee Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie
lower
May 13, 2011
Lower · Passed
Committee Deadline Extended-Rule 9(b) May 20, 2011
lower
Apr 28, 2011
Committee
Assigned to Executive Committee
lower
Apr 27, 2011
Committee
Referred to Rules Committee
lower
Apr 13, 2011
Introduced
Arrived in House
lower
Apr 13, 2011
Amended
Senate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
upper
Apr 13, 2011
Senate · Passed
Senate Vote: pass (46-0-1)
senate
Apr 8, 2011
Upper · Passed
Senate Floor Amendment No. 4 Adopted; J. Collins
upper
Apr 8, 2011
Introduced
Senate Floor Amendment No. 4 Chief Sponsor of Senate Floor Amendment Changed to Senator J. Collins
upper
Apr 6, 2011
Introduced
Senate Floor Amendment No. 4 Recommend Do Adopt Judiciary; 010-000-000
upper
Mar 31, 2011
Introduced
Senate Floor Amendment No. 4 Assignments Refers to Judiciary
upper
Mar 30, 2011
Committee
Senate Floor Amendment No. 4 Referred to Assignments
upper
Mar 30, 2011
Introduced
Senate Floor Amendment No. 4 Filed with Secretary by Sen. Ira I. Silverstein
upper
Mar 29, 2011
Introduced
Senate Floor Amendment No. 3 Postponed - Judiciary
upper
Mar 29, 2011
Introduced
Senate Floor Amendment No. 3 Assignments Refers to Judiciary
upper
Mar 28, 2011
Committee
Senate Floor Amendment No. 3 Referred to Assignments
upper
Mar 28, 2011
Introduced
Senate Floor Amendment No. 3 Filed with Secretary by Sen. Ira I. Silverstein
upper
Mar 15, 2011
Upper · Passed
Do Pass as Amended Judiciary; 009-001-000
upper
Mar 15, 2011
Upper · Passed
Senate Committee Amendment No. 2 Adopted
upper
Mar 14, 2011
Upper · Passed
Senate Committee Amendment No. 2 Assignments Refers to Judiciary
upper
Mar 11, 2011
Committee
Senate Committee Amendment No. 2 Referred to Assignments
upper
Mar 11, 2011
Introduced
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
upper
Mar 10, 2011
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
Mar 9, 2011
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
upper
Mar 7, 2011
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Mar 7, 2011
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
upper
Feb 23, 2011
Committee
Assigned to Judiciary
upper
Feb 8, 2011
Committee
Referred to Assignments
upper
0 primary · 4 co-sponsors

Sponsors

No sponsor information available.