Bill Text: IL HB5665 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Civil Procedure. Provides that a person commits false representation concerning title to real estate, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document and that a person commits a pattern of making false representations concerning title to real estate, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the Attorney General has a private right of action for civil penalties arising from such conduct. Provides that a private cause of action for the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5665 Detail]
Download: Illinois-2011-HB5665-Amended.html
Bill Title: Amends the Code of Civil Procedure. Provides that a person commits false representation concerning title to real estate, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document and that a person commits a pattern of making false representations concerning title to real estate, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the Attorney General has a private right of action for civil penalties arising from such conduct. Provides that a private cause of action for the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5665 Detail]
Download: Illinois-2011-HB5665-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 5665
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| 2 | AMENDMENT NO. ______. Amend House Bill 5665 as follows:
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| 3 | on page 1, line 22, by replacing "knows or has reason to know" | ||||||
| 4 | with "has specific knowledge"; and
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| 5 | on page 1, lines 22 and 23, by deleting "or groundless"; and
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| 6 | on page 2, lines 4 and 5, by replacing "knows or has reason to | ||||||
| 7 | know" with "has specific knowledge"; and
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| 8 | on page 2, line 5, by deleting "or groundless".
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