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| Public Act 103-0061
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| SB0201 Enrolled | LRB103 26085 LNS 52440 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 15-1503 and by adding Section 15-1515 as |
follows:
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(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
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Sec. 15-1503. Notice of foreclosure. |
(a) A notice of foreclosure, whether
the foreclosure is |
initiated by complaint or
counterclaim, made in accordance |
with this Section and recorded in the
county in which the |
mortgaged real estate is located shall be constructive
notice |
of the pendency of the foreclosure to every person claiming an
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interest in or lien on the mortgaged real estate, whose |
interest or lien
has not been recorded prior to the recording |
of such notice of foreclosure.
Such notice of foreclosure must |
be executed by any party or any party's
attorney and shall |
include (i) the names of all plaintiffs and the case
number, |
(ii) the court in which the action was brought, (iii) the names |
of
title holders of record, (iv) a legal description of the |
real estate
sufficient to identify it with reasonable |
certainty, (v) a common address
or description of the location |
of the real estate and (vi) identification
of the mortgage |
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sought to be foreclosed. An incorrect common address or
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description of the location, or an immaterial error in the |
identification
of a plaintiff or title holder of record, shall |
not invalidate the lis
pendens effect of the notice under this |
Section.
A notice which complies with this Section shall be |
deemed to comply with
Section 2-1901 of the Code of Civil
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Procedure and shall have the same effect as a notice filed |
pursuant to
that Section; however, a notice which complies |
with Section 2-1901 shall
not be constructive notice unless it |
also complies with the requirements of
this Section.
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(b) (Blank). With respect to residential real estate, a |
copy of the notice of foreclosure described in subsection (a) |
of Section 15-1503 shall be sent by first class mail, postage |
prepaid, to the municipality within the boundary of which the |
mortgaged real estate is located, or to the county within the |
boundary of which the mortgaged real estate is located if the |
mortgaged real estate is located in an unincorporated |
territory. A municipality or county must clearly publish on |
its website a single address to which such notice shall be |
sent. If a municipality or county does not maintain a website, |
then the municipality or county must publicly post in its main |
office a single address to which such notice shall be sent. In |
the event that a municipality or county has not complied with |
the publication requirement in this subsection (b), then the |
copy of the notice to the municipality or county shall be sent |
by first class mail, postage prepaid, to the chairperson of |
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the county board or county clerk in the case of a county, to |
the mayor or city clerk in the case of a city, to the president |
of the board of trustees or village clerk in the case of a |
village, or to the president or town clerk in the case of a |
town. Additionally, if the real estate is located in a city |
with a population of more than 2,000,000, regardless of |
whether that city has complied with the publication |
requirement in this subsection (b), the party must, within 10 |
days after filing the complaint or counterclaim: (i) send by |
first class mail, postage prepaid, a copy of the notice of |
foreclosure to the alderperson for the ward in which the real |
estate is located and (ii) file an affidavit with the court |
attesting to the fact that the notice was sent to the |
alderperson for the ward in which the real estate is located. |
The failure to send a copy of the notice to the alderperson or |
to file an affidavit as required shall result in a stay of the |
foreclosure action on a motion of a party or the court. If the |
foreclosure action has been stayed by an order of the court, |
the plaintiff or the plaintiff's representative shall send the |
notice by certified mail, return receipt requested, or by |
private carrier that provides proof of delivery, and tender |
the return receipt or the proof of delivery to the court. After |
proof of delivery is tendered to the court, the court shall |
lift the stay of the foreclosure action. |
(Source: P.A. 101-399, eff. 8-16-19; 102-15, eff. 6-17-21.)
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(735 ILCS 5/15-1515 new) |
Sec. 15-1515. COVID-19 emergency sealing of court file. |
(a) As used in this Section: |
"Court file" means the court file created when a |
foreclosure action is filed with the court. |
"COVID-19 emergency and economic recovery period" means |
the period beginning on March 9, 2020, when the Governor |
issued the first disaster proclamation for the State to |
address the circumstances related to COVID-19 and ending on |
December 31, 2021. |
(b) The court may seal the file, upon motion of a |
mortgagor, of any foreclosure action filed during the COVID-19 |
emergency and economic recovery period if the action was not |
subject to the moratoria enacted by the Federal National |
Mortgage Association, the Federal Home Loan Mortgage |
Corporation, the Federal Housing Administration, or the |
Department of Veterans Affairs. If an action was filed during |
the COVID-19 emergency and economic recovery period because it |
qualified under an exception to one of the above moratoria, |
the action is not subject to being sealed under this Section. |
If a residential eviction action filed during the COVID-19 |
emergency and economic recovery period is pending on the |
effective date of this amendatory Act of the 103rd General |
Assembly and is not sealed, the court shall order the sealing |
of the court file. |
(c) This Section applies to any action to foreclose a |
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mortgage relating to: (i) residential real estate as defined |
in Section 15-1219; and (ii) real estate improved with a |
dwelling structure containing dwelling units for 6 or fewer |
families living independently of each other in which the |
mortgagor is a natural person landlord renting the dwelling |
units, even if the mortgagor does not occupy any of the |
dwelling units as the mortgagor's personal residence. |
(d) This Section is repealed on June 1, 2025.
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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