ISBA Statehouse Review for the week of Jan. 19, 2017
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers the Illinois Vehicle Code, Landlord and Tenant Act, Value After Rehabilitation Appraisal Act, domestic violence, and mortgage foreclosure
More information on each bill is available below the video.
Illinois Vehicle Code. House Bill 221 (Gordon-Booth, D-Peoria) changes current law for reporting of court supervision for a serious traffic violation under the Code or a similar provision in a local ordinance. Currently, a report of a disposition of court supervision for a serious traffic violation committed by a person under 21 years of age must be sent to the Secretary of State’s Office. This bill requires a reporting for all drivers regardless of their age. The second change affects the time for reporting to the Secretary of State of a disposition of court supervision for any traffic violation (with some exceptions) under the Code. This bill requires the immediate reporting instead of forwarding within 5 days after disposition. House Bill 221 has just been introduced.
The Landlord and Tenant Act. House Bill 471 (Ford, D-Chicago) allows a tenant to recover all of the rent payable from the time the lease is entered into until the tenant vacates the premises if: (1) a landlord enters into a lease with a tenant after receiving notice that a foreclosure proceeding has been initiated against the property; and (2) the tenant later is required to vacate the premises as a result of the foreclosure action. House Bill 471 has just been introduced.
The Value After Rehabilitation Appraisal Act. House Bill 367 (Ford, D-Chicago) provides that an appraisal may take value after rehabilitation into account for any program administered by this State that requires an appraisal to be performed on real estate (unless prohibited by federal law or regulation). This kind of appraisal must be accepted to the same extent that other appraisal methods for real estate sales and refinances are accepted. House Bill 367 has just been introduced.
Domestic violence. House Bill 280 (Moylan, D-Des Plaines) allows a petition for an order of protection to be filed by the State’s Attorney on behalf of a person who has been abused by a family or household member. The court may, on its own motion, on behalf of a person who has been abused by a family or household member issue an order of protection. Lengthens the duration of plenary order of protection in a criminal case to no longer than 10 years after sentence completion (rather than two years). House Bill 280 has just been introduced.
Mortgage foreclosure. Senate Bill 192 (Althoff, R-Crystal Lake) provides that the mortgagee establishes a prima facie case for foreclosure once the following evidence has been offered and admitted: (1) the mortgage at issue in the case; and (2) the note at issue in the case. The mortgagee is not required to present further evidence to establish a prima facie case of foreclosure. Once a prima facie case of foreclosure has been established by the mortgagee, the burden of proof and of presenting evidence shifts to the mortgagor to prove the amount owed on the note, payment, and any affirmative defense the mortgagor claims. Failure of the mortgagor to present evidence of the amount owed on the note constitutes a waiver of that issue, regardless of any contrary pleadings, and the mortgagee thereafter has the burden of presenting evidence of the amount due on the note. If the burden of presenting evidence regarding the amount owed on the note shifts back to the mortgagee because of the mortgagor’s failure to present this evidence, the amount owed on the note must be proven by affidavit. If the mortgagor presents evidence of the amount owed on the note, the mortgagee may present evidence in rebuttal, and this rebuttal evidence must be taken in open court. Senate Bill 192 was just introduced.