House Bill 5055

Topic: 
Mortgage Foreclosure Article
makes several changes to foreclosure law affecting notices and judicial sales. Governor Quinn amendatorily vetoed it to delay the effective date to Jan. 1, 2011, and the House accepted his amendatory veto yesterday. House Bill 5055 does the following. (1) Units of government are required under current law to publish on their websites or post at their main offices where notices of foreclosure and confirmation orders are to be sent to them for residential foreclosures. If a unit of government doesn't do this, House Bill 5055 creates a default procedure where these notices and orders may be sent by first-class mail to certain designated county or municipal officers. (2) For judicial sales, it allows a party to name the person who is to conduct the sale in the complaint or by separate δ 15-506(f) motion as a special matter in the judgment of foreclosure. If no person is appointed by a δ 15-1506(f) motion, the plaintiff may choose any person to conduct the sale who must be either (a) previously appointed in any matter under δ 15-1506(f) before this new law's effective date, (b) any judge, or (c) the sheriff in the county where the real estate is located. (3) For residential real estate, it requires a copy of the confirmation order to be sent by first-class mail to the last-known property insurer of the foreclosed property.