Illinois Compiled Statutes 735 ILCS 5/15-1200.5 – Abandoned residential property
Current as of: 2024 | Check for updates
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“Abandoned residential property” means residential real estate that:
(a) either:
(1) is not occupied by any mortgagor or lawful
(a) either:
Terms Used In Illinois Compiled Statutes 735 ILCS 5/15-1200.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
(1) is not occupied by any mortgagor or lawful
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occupant as a principal residence; or
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(2) contains an incomplete structure if the real
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estate is zoned for residential development, where the structure is empty or otherwise uninhabited and is in need of maintenance, repair, or securing; and
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(b) with respect to which either:
(1) two or more of the following conditions are shown
(1) two or more of the following conditions are shown
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to exist:
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(A) construction was initiated on the property
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and was discontinued prior to completion, leaving a building unsuitable for occupancy, and no construction has taken place for at least 6 months;
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(B) multiple windows on the property are boarded
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up or closed off or are smashed through, broken off, or unhinged, or multiple window panes are broken and unrepaired;
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(C) doors on the property are smashed through,
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broken off, unhinged, or continuously unlocked;
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(D) the property has been stripped of copper or
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other materials, or interior fixtures to the property have been removed;
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(E) gas, electrical, or water services to the
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entire property have been terminated;
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(F) there exist one or more written statements of
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the mortgagor or the mortgagor’s personal representative or assigns, including documents of conveyance, which indicate a clear intent to abandon the property;
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(G) law enforcement officials have received at
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least one report of trespassing or vandalism or other illegal acts being committed at the property in the last 6 months;
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(H) the property has been declared unfit for
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occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;
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(I) the local police, fire, or code enforcement
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authority has requested the owner or other interested or authorized party to secure or winterize the property due to the local authority declaring the property to be an imminent danger to the health, safety, and welfare of the public;
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(J) the property is open and unprotected and in
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reasonable danger of significant damage due to exposure to the elements, vandalism, or freezing; or
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(K) there exists other evidence indicating a
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clear intent to abandon the property; or
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(2) the real estate is zoned for residential
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development and is a vacant lot that is in need of maintenance, repair, or securing.
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