Bill Text: IL SB0169 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Code of Civil Procedure. Provides that the failure to send a copy of the notice of foreclosure to the alderman or to file an affidavit as required results in a fine of $500 payable to the ward in which the property is located (instead of resulting in the dismissal without prejudice of the complaint or counterclaim on a motion of a party or the court). Deletes language regarding the requirements a party must comply with if the party refiles the complaint or counterclaim. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0399 [SB0169 Detail]
Download: Illinois-2019-SB0169-Enrolled.html
Bill Title: Amends the Code of Civil Procedure. Provides that the failure to send a copy of the notice of foreclosure to the alderman or to file an affidavit as required results in a fine of $500 payable to the ward in which the property is located (instead of resulting in the dismissal without prejudice of the complaint or counterclaim on a motion of a party or the court). Deletes language regarding the requirements a party must comply with if the party refiles the complaint or counterclaim. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0399 [SB0169 Detail]
Download: Illinois-2019-SB0169-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 15-1503 as follows:
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6 | (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
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7 | Sec. 15-1503. Notice of Foreclosure. | ||||||
8 | (a) A notice of foreclosure, whether
the foreclosure is | ||||||
9 | initiated by complaint or
counterclaim, made in accordance with | ||||||
10 | this Section and recorded in the
county in which the mortgaged | ||||||
11 | real estate is located shall be constructive
notice of the | ||||||
12 | pendency of the foreclosure to every person claiming an
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13 | interest in or lien on the mortgaged real estate, whose | ||||||
14 | interest or lien
has not been recorded prior to the recording | ||||||
15 | of such notice of foreclosure.
Such notice of foreclosure must | ||||||
16 | be executed by any party or any party's
attorney and shall | ||||||
17 | include (i) the names of all plaintiffs and the case
number, | ||||||
18 | (ii) the court in which the action was brought, (iii) the names | ||||||
19 | of
title holders of record, (iv) a legal description of the | ||||||
20 | real estate
sufficient to identify it with reasonable | ||||||
21 | certainty, (v) a common address
or description of the location | ||||||
22 | of the real estate and (vi) identification
of the mortgage | ||||||
23 | sought to be foreclosed. An incorrect common address or
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1 | description of the location, or an immaterial error in the | ||||||
2 | identification
of a plaintiff or title holder of record, shall | ||||||
3 | not invalidate the lis
pendens effect of the notice under this | ||||||
4 | Section.
A notice which complies with this Section shall be | ||||||
5 | deemed to comply with
Section 2-1901 of the Code of Civil
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6 | Procedure and shall have the same effect as a notice filed | ||||||
7 | pursuant to
that Section; however, a notice which complies with | ||||||
8 | Section 2-1901 shall
not be constructive notice unless it also | ||||||
9 | complies with the requirements of
this Section.
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10 | (b) With respect to residential real estate, a copy of the | ||||||
11 | notice of foreclosure described in subsection (a) of Section | ||||||
12 | 15-1503 shall be sent by first class mail, postage prepaid, to | ||||||
13 | the municipality within the boundary of which the mortgaged | ||||||
14 | real estate is located, or to the county within the boundary of | ||||||
15 | which the mortgaged real estate is located if the mortgaged | ||||||
16 | real estate is located in an unincorporated territory. A | ||||||
17 | municipality or county must clearly publish on its website a | ||||||
18 | single address to which such notice shall be sent. If a | ||||||
19 | municipality or county does not maintain a website, then the | ||||||
20 | municipality or county must publicly post in its main office a | ||||||
21 | single address to which such notice shall be sent. In the event | ||||||
22 | that a municipality or county has not complied with the | ||||||
23 | publication requirement in this subsection (b), then the copy | ||||||
24 | of the notice to the municipality or county shall be sent by | ||||||
25 | first class mail, postage prepaid, to the chairperson of the | ||||||
26 | county board or county clerk in the case of a county, to the |
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1 | mayor or city clerk in the case of a city, to the president of | ||||||
2 | the board of trustees or village clerk in the case of a | ||||||
3 | village, or to the president or town clerk in the case of a | ||||||
4 | town. Additionally, if the real estate is located in a city | ||||||
5 | with a population of more than 2,000,000, regardless of whether | ||||||
6 | that city has complied with the publication requirement in this | ||||||
7 | subsection (b), the party must, within 10 days after filing the | ||||||
8 | complaint or counterclaim: (i) send by first class mail, | ||||||
9 | postage prepaid, a copy of the notice of foreclosure to the | ||||||
10 | alderman for the ward in which the real estate is located and | ||||||
11 | (ii) file an affidavit with the court attesting to the fact | ||||||
12 | that the notice was sent to the alderman for the ward in which | ||||||
13 | the real estate is located. The failure to send a copy of the | ||||||
14 | notice to the alderman or to file an affidavit as required | ||||||
15 | shall result in a stay of the foreclosure action on a motion of | ||||||
16 | a party or the court. If the foreclosure action has been stayed | ||||||
17 | by an order of the court, the plaintiff or the plaintiff's | ||||||
18 | representative shall send the notice by certified mail, return | ||||||
19 | receipt requested, or by private carrier that provides proof of | ||||||
20 | delivery, and tender the return receipt or the proof of | ||||||
21 | delivery to the court. After proof of delivery is tendered to | ||||||
22 | the court, the court shall lift the stay of the foreclosure | ||||||
23 | action. results in the dismissal without prejudice of the | ||||||
24 | complaint or counterclaim on a motion of a party or the court. | ||||||
25 | If, after the complaint or counterclaim has been dismissed | ||||||
26 | without prejudice, the party refiles the complaint or |
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1 | counterclaim, then the party must again comply with the | ||||||
2 | requirements that the party send by first class mail, postage | ||||||
3 | prepaid, the notice to the alderman for the ward in which the | ||||||
4 | real estate is located and file an affidavit attesting to the | ||||||
5 | fact that the notice was sent. | ||||||
6 | (Source: P.A. 96-856, eff. 3-1-10; 97-1164, eff. 6-1-13 .)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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