Lake County, IL
File #: 17-0901    Version: Name: Ordinance amending the text to 35.35 Judicial Sales and adopting a fee identified as the Judicial Sales (Foreclosure) Cancellation Fee for the Lake County Sheriff’s Office
Type: ordinance Status: Passed
File created: 8/22/2017 In control: Law & Judicial Committee
On agenda: Final action: 11/14/2017
Title: Ordinance amending Chapter 35, Section 35.35 Judicial Sales by adopting a fee identified as the Judicial Sales (Foreclosure) Cancelation Fee for the Lake County Sheriff's Office (LCSO).
Attachments: 1. (Foreclosure Cancelation) Fee & Cost of Service Comparison, 2. Foreclosure Fee Ordinance
Title
Ordinance amending Chapter 35, Section 35.35 Judicial Sales by adopting a fee identified as the Judicial Sales (Foreclosure) Cancelation Fee for the Lake County Sheriff's Office (LCSO).

Staff Summary
* In 2009, the LCSO developed the policies and procedures to create a Judicial Sales Division to accept all judicial sales in Lake County.
* The effort, intended to centralize the County's foreclosure procedures, allowed for better dissemination of information, location stabilization, and a central point of public contact.
* The statutory fee of $600 was established pursuant to 55 Illinois Compiled Statue (ILCS) 5/4-5001, and allowed, a cancellation fee of $200 per cancellation.
* Due to the recently completed fee analysis, the LCSO recommends that the foreclosure cancellation fee be increased to $300 per occurrence, effective December 1, 2017. This adjustment is consistent with the statutory cancellation fee which is set at one-half of the foreclosure fee.
* Based on a fee comparison completed by LCSO, the recommended fees are essentially in line with what Lake County municipalities and neighboring counties are charging.

Body
ORDINANCE

WHEREAS, Illinois law authorizes the Sheriff to charge fees for specified services conducted by said office; and

WHEREAS, the Illinois General Assembly passed and the Governor signed into law 55 ILCS 5/4-5001; and

WHEREAS, 55 ILCS 5/4-5001 provides for a $600 fee for foreclosure and one half of that fee ($300) for cancellation of a foreclosure; and

WHEREAS, the Sheriff's Office in conjunction with County's Financial and Administrative Services Department completed an evaluation of the full cost of providing these services; and

WHEREAS, the results of the evaluation showed fees being charged for cancellation to do not cover the full cost of providing those services to capture the costs associated with rescheduling the sale of said foreclosed properties; and

WHEREAS, it is in the best interest of the citizens of Lak...

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