Bill Text: IL HB3762 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Code of Civil Procedure. Provides that in addition to any rights and obligations under the federal Servicemembers Civil Relief Act, whenever it is determined in a foreclosure proceeding that the mortgagor defendant is a person who was deployed to a combat or combat support posting while on active military duty within the previous 12 months, the court must stay the proceedings for a period of 90 days. "Active military duty" means service on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Passed) 2010-06-01 - Public Act . . . . . . . . . 96-0901 [HB3762 Detail]

Download: Illinois-2009-HB3762-Engrossed.html

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HB3762 Engrossed LRB096 09908 AJO 20071 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by adding
Section 15-1501.5 as follows:
(735 ILCS 5/15-1501.5 new)
Sec. 15-1501.5. Return from combat stay. In addition to
any rights and obligations provided under the federal Service
members Civil Relief Act, whenever it is determined in a
foreclosure proceeding that the mortgagor defendant is a person
who was deployed to a combat or combat support posting while on
active military duty and serving overseas within the previous
12 months, the court must stay the proceedings for a period of
90 days upon application to the court by the mortgagor
defendant. "Active military duty" means, for purposes of this
Section, service on active duty as a member of the Armed Forces
of the United States, the Illinois National Guard, or any
reserve component of the Armed Forces of the United States.