Public Act 97-0913 (IL)

P.A. 97-0913 (SB 3287); Effective Date: 1/1/13

Public Act 97-0913, also known as the Service Member Civil Relief Act (the Act), provides legal protections to “service members” in “military service” and their families.  The Act creates new provisions as well as amends many other acts that affect service members.  A large part of the amendments in this Act are either definitional or replacing terms.  This can be seen in changes such as adding a definition for “primary occupant,” or switching the terms “active duty” with “military service.”

The Act allows a mortgagor who is a service member to stay foreclosure proceedings for a period of up to 90 days after their military service ends or reduce required payments for up to 90 days after military service ends and extend the term of the mortgage agreement.  The mortgagor must have entered into military service for more than 29 days and make a motion for relief in an action for foreclosure, which the court shall grant if the service member’s ability to pay or defend the proceeding if it was materially affected by military service and the service member provides their orders.  Relief from this statute can continue to be available for the period after 90 days after military service ends, and the court may grant other relief as required by equity.

The Act further allows a tenant, who is service member that entered into military service for more than 29 consecutive days, or a family member who resides with the tenant, to terminate their lease to a mobile home lot, residential premises, non-residential premises, or farm or agricultural real property if they receive orders for a permanent change or station or deployment for no less than 90 days, regardless of whether the lease was signed before or after entering into military service.  The service member must provide the landlord a copy of the orders.  Termination becomes effective 30 days after delivery of notice and orders unless rent is paid in monthly installments in which case it becomes effective 30 days after the next rental payment upon furnishing of orders.  The landlord is required to return rent paid in advance and any security deposit except to the extent that it is used to pay for actual repairs.  Furthermore, the act amends the Code of Civil Procedure to make a notice to terminate tenancy of farm land subject to the provisions of section 16 of the Landlord and Tenant Act. 

The Act creates relief from and vacation of final orders or judgments for service members.  In order for this section to apply, the relief must be at least 30 days after the entry of a final judgment entered by default against the service member.  The Act further allows an administrative judge to stay a hearing for 90 days for a service member whose military service materially affects their ability to attend the hearing.  The Act also creates various further reliefs for service members in a variety of other ways including ones in institutions of higher learning, and ones who entered into a retail installment contract.

Service Member Civil Relief Act
Bill Number: 
SB 3287
By: ATG Underwriting Department | Posted on: Thu, 12/13/2012 - 3:21pm