Bill Text: IL HB4122 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4122 Detail]

Download: Illinois-2013-HB4122-Amended.html

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Rep. Esther Golar

Filed: 3/27/2014

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AMENDMENT TO HOUSE BILL 4122
AMENDMENT NO. ______. Amend House Bill 4122 by replacing
everything after the enacting clause with the following:
"Section 5. The Code of Civil Procedure is amended by
adding Sections 15-1109, 15-1110, and 15-1111 as follows:
(735 ILCS 5/15-1109 new)
Sec. 15-1109. False representation concerning real estate
title.
(a) A person commits false representation concerning real
estate title when he or she knowingly as part of any
transaction or legal proceeding pursuant to this Article XV:
(1) claims an interest in, or a lien or encumbrance
against, real estate in a document that is recorded in the
recorder's office in the county in which the real estate is
located and knows or has reason to know that the document
is forged or groundless, contains a material misstatement

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or false claim, or is otherwise invalid;
(2) executes or notarizes a document purporting to
create an interest in or a lien or encumbrance against real
estate that is recorded in the recorder's office in the
county in which the real estate is located and has specific
knowledge that the document is forged, contains a material
misstatement or false claim, or is otherwise invalid; or
(3) causes a document described in paragraph (1) or (2)
to be recorded in the recorder's office in the county in
which the real estate is located and has specific knowledge
that the document is forged, contains a material
misstatement or false claim, or is otherwise invalid.
(b) A violation of this Section is a Class 4 felony.
(735 ILCS 5/15-1110 new)
Sec. 15-1110. Pattern of false representation concerning
real estate title.
(a) A person commits a pattern of making false
representations concerning real estate title when he or she
knowingly, as part of any transaction or legal proceedings
pursuant to this Article XV, commits one or more violations of
Section 15-1109 in 2 or more transactions:
(1) which have the same or similar pattern, purposes,
results, accomplices, victims, or methods of commission or
are otherwise interrelated by distinguishing
characteristics;

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(2) which are not isolated incidents within the
preceding 4 years; and
(3) in which the aggregate loss or intended loss is
more than $250.
(b) A violation of this Section is a Class 3 felony.
(735 ILCS 5/15-1111 new)
Sec. 15-1111. Civil actions for false representation
concerning real estate title.
(a) In addition to any criminal penalties imposed, a person
who violates Section 15-1109 or 15-1110 of this Code is subject
to a civil penalty of not more than $5,000 for each violation.
This penalty is recoverable in a civil action, brought in the
name of the State by the Attorney General, in the circuit court
in the county in which the real estate is located. In such an
action, the Attorney General may recover reasonable attorney's
fees and costs.
(b) Except as otherwise provided in this subsection, the
owner of or holder of the beneficial interest in real estate
which is the subject of a false representation concerning real
estate title may bring a civil action in the circuit court in
the county in which the real estate is located to recover any
damages suffered by the owner or holder of the beneficial
interest plus reasonable attorney's fees and costs. The owner
of or holder of the beneficial interest in the real estate
must, before bringing a civil action pursuant to this

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subsection, send a written request by first class mail to the
person who made the false representation requesting that the
person record a document which corrects the false
representation. If the person records such a document not later
than 20 days after the date of the written request, the owner
or holder of the beneficial interest may not bring a civil
action pursuant to this subsection.".