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 Lake County that the cost of performing a specific service should be reflective of the fee charged for that service.
WHEREAS, the current Ordinance 35.35 Section (A) provides:
The Lake County Sheriff’s fee for conducting a judicial sale shall be $600, except in the case of unimproved real estate which sells for $10,000 or less where the fee shall be $150. This fee shall be paid in advance of the sale by the party obtaining the sale.
NOW, THEREFORE, BE IT ORDAINED, by this County Board of Lake County, Illinois, that the Chair of the Board and the Sheriff are hereby authorized to add a cancellation fees for the reasons stated herein.
WHEREAS, it is necessary for the County Board to formally amend Ordinance 35.35 Section (A) to include:
The fee to cancel a judicial sale, identified as the Foreclosure Cancellation Fee, is $300 per property per occurrence. If a sale is to be rescheduled, this fee shall be paid in advance of rescheduling by the party obtaining the cancellation and re-scheduling of said judicial sale.
BE IT FURTHER ORDAINED, that the County Clerk is hereby directed to forward a certified copy of this Ordinance to the Lake County Sheriff.
DATED, at Waukegan, Illinois, on November 14, 2017.