97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2002

 

Introduced 2/10/2011, by Sen. William Delgado

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/15-1503  from Ch. 110, par. 15-1503

    Amends the Code of Civil Procedure. Exempts a municipality with more than one million inhabitants from the requirement that a copy of the notice of foreclosure must be sent to the municipality in which the foreclosed property is located. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2002LRB097 09816 AJO 49972 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 15-1503 as follows:
 
6    (735 ILCS 5/15-1503)  (from Ch. 110, par. 15-1503)
7    Sec. 15-1503. Notice of Foreclosure.
8    (a) A notice of foreclosure, whether the foreclosure is
9initiated by complaint or counterclaim, made in accordance with
10this Section and recorded in the county in which the mortgaged
11real estate is located shall be constructive notice of the
12pendency of the foreclosure to every person claiming an
13interest in or lien on the mortgaged real estate, whose
14interest or lien has not been recorded prior to the recording
15of such notice of foreclosure. Such notice of foreclosure must
16be executed by any party or any party's attorney and shall
17include (i) the names of all plaintiffs and the case number,
18(ii) the court in which the action was brought, (iii) the names
19of title holders of record, (iv) a legal description of the
20real estate sufficient to identify it with reasonable
21certainty, (v) a common address or description of the location
22of the real estate and (vi) identification of the mortgage
23sought to be foreclosed. An incorrect common address or

 

 

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1description of the location, or an immaterial error in the
2identification of a plaintiff or title holder of record, shall
3not invalidate the lis pendens effect of the notice under this
4Section. A notice which complies with this Section shall be
5deemed to comply with Section 2-1901 of the Code of Civil
6Procedure and shall have the same effect as a notice filed
7pursuant to that Section; however, a notice which complies with
8Section 2-1901 shall not be constructive notice unless it also
9complies with the requirements of this Section.
10    (b) With respect to residential real estate, a copy of the
11notice of foreclosure described in subsection (a) of Section
1215-1503 shall be sent by first class mail, postage prepaid, to
13the municipality within the boundary of which the mortgaged
14real estate is located, or to the county within the boundary of
15which the mortgaged real estate is located if the mortgaged
16real estate is located in an unincorporated territory. A
17municipality or county must clearly publish on its website a
18single address to which such notice shall be sent. If a
19municipality or county does not maintain a website, then the
20municipality or county must publicly post in its main office a
21single address to which such notice shall be sent. In the event
22that a municipality or county has not complied with the
23publication requirement in this subsection (b), then such
24notice to the municipality or county shall be provided pursuant
25to Section 2-211 of the Code of Civil Procedure. The notice
26provisions of this subsection (b) do not apply to any mortgaged

 

 

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1real estate located within the boundary of a municipality with
2more than one million inhabitants.
3(Source: P.A. 96-856, eff. 3-1-10.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.