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Public Act 100-1048


 

Public Act 1048 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-1048
 
SB2432 EnrolledLRB100 15862 HEP 30973 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 2-201, 2-1401, 13-107, and 13-109 and by
adding Sections 13-107.1 and 13-109.1 as follows:
 
    (735 ILCS 5/2-201)  (from Ch. 110, par. 2-201)
    Sec. 2-201. Commencement of actions - Forms of process.
    (a) Every action, unless otherwise expressly provided by
statute, shall be commenced by the filing of a complaint. The
clerk shall issue summons upon request of the plaintiff. The
form and substance of the summons, and of all other process,
and the issuance of alias process, and the service of copies of
pleadings shall be according to rules.
    (b) One or more duplicate original summonses may be issued,
marked "First Duplicate," "Second Duplicate," etc., as the case
may be, whenever it will facilitate the service of summons in
any one or more counties, including the county of venue.
    (c) A court's jurisdiction is not affected by a technical
error in format of a summons if the summons has been issued by
a clerk of the court, the person or entity to be served is
identified as a defendant on the summons, and the summons is
properly served. This subsection is declarative of existing
law.
(Source: P.A. 82-280.)
 
    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
    Sec. 2-1401. Relief from judgments.
    (a) Relief from final orders and judgments, after 30 days
from the entry thereof, may be had upon petition as provided in
this Section. Writs of error coram nobis and coram vobis, bills
of review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds for
such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of the
order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in the
Illinois Parentage Act of 2015, there shall be no distinction
between actions and other proceedings, statutory or otherwise,
as to availability of relief, grounds for relief or the relief
obtainable.
    (b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. A petition to reopen a foreclosure proceeding must
include as parties to the petition, but is not limited to, all
parties in the original action in addition to the current
record title holders of the property, current occupants, and
any individual or entity that had a recorded interest in the
property before the filing of the petition. All parties to the
petition shall be notified as provided by rule.
    (b-5) A movant may present a meritorious claim under this
Section if the allegations in the petition establish each of
the following by a preponderance of the evidence:
        (1) the movant was convicted of a forcible felony;
        (2) the movant's participation in the offense was
    related to him or her previously having been a victim of
    domestic violence as perpetrated by an intimate partner;
        (3) no evidence of domestic violence against the movant
    was presented at the movant's sentencing hearing;
        (4) the movant was unaware of the mitigating nature of
    the evidence of the domestic violence at the time of
    sentencing and could not have learned of its significance
    sooner through diligence; and
        (5) the new evidence of domestic violence against the
    movant is material and noncumulative to other evidence
    offered at the sentencing hearing, and is of such a
    conclusive character that it would likely change the
    sentence imposed by the original trial court.
    Nothing in this subsection (b-5) shall prevent a movant
from applying for any other relief under this Section or any
other law otherwise available to him or her.
    As used in this subsection (b-5):
        "Domestic violence" means abuse as defined in Section
    103 of the Illinois Domestic Violence Act of 1986.
        "Forcible felony" has the meaning ascribed to the term
    in Section 2-8 of the Criminal Code of 2012.
        "Intimate partner" means a spouse or former spouse,
    persons who have or allegedly have had a child in common,
    or persons who have or have had a dating or engagement
    relationship.
    (c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987 or in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963, the petition must be filed not later than 2
years after the entry of the order or judgment. Time during
which the person seeking relief is under legal disability or
duress or the ground for relief is fraudulently concealed shall
be excluded in computing the period of 2 years.
    (d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
    (e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment pursuant to the provisions of this Section does not
affect the right, title or interest in or to any real or
personal property of any person, not a party to the original
action, acquired for value after the entry of the order or
judgment but before the filing of the petition, nor affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
When a petition is filed pursuant to this Section to reopen a
foreclosure proceeding, notwithstanding the provisions of
Section 15-1701 of this Code, the purchaser or successor
purchaser of real property subject to a foreclosure sale who
was not a party to the mortgage foreclosure proceedings is
entitled to remain in possession of the property until the
foreclosure action is defeated or the previously foreclosed
defendant redeems from the foreclosure sale if the purchaser
has been in possession of the property for more than 6 months.
    (f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; 99-642,
eff. 7-28-16.)
 
    (735 ILCS 5/13-107)  (from Ch. 110, par. 13-107)
    Sec. 13-107. Seven years with possession and record title.
Except as provided in Section 13-107.1, actions Actions brought
for the recovery of any lands, tenements or hereditaments of
which any person may be possessed by actual residence thereon
for 7 successive years, having a connected title, deductible of
record, from this State or the United States, or from any
public officer or other person authorized by the laws of this
State to sell such land for the non-payment of taxes, or from
any sheriff, marshal, or other person authorized to sell such
land for the enforcement of a judgment or under any order or
judgment of any court shall be brought within 7 years next
after possession is taken, but when the possessor acquires such
title after taking such possession, the limitation shall begin
to run from the time of acquiring title.
(Source: P.A. 82-280.)
 
    (735 ILCS 5/13-107.1 new)
    Sec. 13-107.1. Two years with possession and record title
derived from a judicial foreclosure sale.
    (a) Actions brought for the recovery of any lands,
tenements, or hereditaments of which any person may be
possessed for 2 successive years, having a connected title,
deductible of record, as a purchaser at a judicial foreclosure
sale, other than a mortgagee, who takes possession pursuant to
a court order under the Illinois Mortgage Foreclosure Law, or a
purchaser who acquires title from a mortgagee or a purchaser at
a judicial foreclosure sale who received title and took
possession pursuant to a court order, shall be brought within 2
years after possession is taken. When the purchaser acquires
title and has taken possession, the limitation shall begin to
run from the date a mortgagee or a purchaser at a judicial
foreclosure sale takes possession pursuant to a court order
under the Illinois Mortgage Foreclosure Law or Article IX of
this Code. The vacation or modification, pursuant to the
provisions of Section 2-1401, of an order or judgment entered
in the judicial foreclosure does not affect the limitation in
this Section.
    (b) This Section applies to actions filed on or after 180
days after the effective date of this amendatory Act of the
100th General Assembly.
 
    (735 ILCS 5/13-109)  (from Ch. 110, par. 13-109)
    Sec. 13-109. Payment of taxes with color of title. Except
as provided in Section 13-109.1, every Every person in the
actual possession of lands or tenements, under claim and color
of title, made in good faith, and who for 7 successive years
continues in such possession, and also, during such time, pays
all taxes legally assessed on such lands or tenements, shall be
held and adjudged to be the legal owner of such lands or
tenements, to the extent and according to the purport of his or
her paper title. All persons holding under such possession, by
purchase, legacy or descent, before such 7 years have expired,
and who continue such possession, and continue to pay the taxes
as above set forth so as to complete the possession and payment
of taxes for the term above set forth, are entitled to the
benefit of this Section.
(Source: P.A. 88-45.)
 
    (735 ILCS 5/13-109.1 new)
    Sec. 13-109.1. Payment of taxes with color of title derived
from judicial foreclosure. Every person in the actual
possession of lands or tenements, under claim and color of
title, as a purchaser at a judicial foreclosure sale, other
than a mortgagee, who takes possession pursuant to a court
order under the Illinois Mortgage Foreclosure Law, or a
purchaser who acquires title from a mortgagee or a purchaser at
a judicial foreclosure sale who received title and took
possession pursuant to such a court order, and who for 2
successive years continues in possession, and also, during such
time, pays all taxes legally assessed on the lands or
tenements, shall be held and adjudged to be the legal owner of
the lands or tenements, to the extent and according to the
purport of his or her paper title. All persons holding under
such possession, by purchase, legacy, or descent, before such 2
years have expired, and who continue possession, and continue
to pay the taxes as above set forth so as to complete the
possession and payment of taxes for the term above set forth,
are entitled to the benefit of this Section. The vacation or
modification, pursuant to the provisions of Section 2-1401, of
an order or judgment entered in the judicial foreclosure does
not affect the limitation in this Section.
    This Section applies to actions filed on or after 180 days
after the effective date of this amendatory Act of the 100th
General Assembly.
 
    Section 10. The Mortgage Rescue Fraud Act is amended by
changing Section 50 as follows:
 
    (765 ILCS 940/50)
    Sec. 50. Violations.
    (a) It is a violation for a distressed property consultant
to:
        (1) claim, demand, charge, collect, or receive any
    compensation until after the distressed property
    consultant has fully performed each service the distressed
    property consultant contracted to perform or represented
    he or she would perform;
        (2) claim, demand, charge, collect, or receive any fee,
    interest, or any other compensation that does not comport
    with Section 70;
        (3) take a wage assignment, a lien of any type on real
    or personal property, or other security to secure the
    payment of compensation. Any such security is void and
    unenforceable;
        (4) receive any consideration from any third party in
    connection with services rendered to an owner unless the
    consideration is first fully disclosed to the owner;
        (5) acquire any interest, directly or indirectly, or by
    means of a subsidiary or affiliate in a distressed property
    from an owner with whom the distressed property consultant
    has contracted;
        (6) take any power of attorney from an owner for any
    purpose, except to inspect documents as provided by law; or
        (7) induce or attempt to induce an owner to enter a
    contract that does not comply in all respects with Sections
    10 and 15 of this Act; or .
        (8) enter into, enforce, or act upon any agreement with
    a foreclosure defendant, whether the foreclosure is
    completed or otherwise, if the agreement provides for a
    division of proceeds between the foreclosure defendant and
    the distressed property consultant derived from litigation
    related to the foreclosure.
     (b) A distressed property purchaser, in the course of a
distressed property conveyance, shall not:
        (1) enter into, or attempt to enter into, a distressed
    property conveyance unless the distressed property
    purchaser verifies and can demonstrate that the owner of
    the distressed property has a reasonable ability to pay for
    the subsequent conveyance of an interest back to the owner
    of the distressed property and to make monthly or any other
    required payments due prior to that time;
        (2) fail to make a payment to the owner of the
    distressed property at the time the title is conveyed so
    that the owner of the distressed property has received
    consideration in an amount of at least 82% of the
    property's fair market value, or, in the alternative, fail
    to pay the owner of the distressed property no more than
    the costs necessary to extinguish all of the existing
    obligations on the distressed property, as set forth in
    subdivision (b)(10) of Section 45, provided that the
    owner's costs to repurchase the distressed property
    pursuant to the terms of the distressed property conveyance
    contract do not exceed 125% of the distressed property
    purchaser's costs to purchase the property. If an owner is
    unable to repurchase the property pursuant to the terms of
    the distressed property conveyance contract, the
    distressed property purchaser shall not fail to make a
    payment to the owner of the distressed property so that the
    owner of the distressed property has received
    consideration in an amount of at least 82% of the
    property's fair market value at the time of conveyance or
    at the expiration of the owner's option to repurchase.
        (3) enter into repurchase or lease terms as part of the
    subsequent conveyance that are unfair or commercially
    unreasonable, or engage in any other unfair conduct;
        (4) represent, directly or indirectly, that the
    distressed property purchaser is acting as an advisor or a
    consultant, or in any other manner represent that the
    distressed property purchaser is acting on behalf of the
    homeowner, or the distressed property purchaser is
    assisting the owner of the distressed property to "save the
    house", "buy time", or do anything couched in substantially
    similar language;
        (5) misrepresent the distressed property purchaser's
    status as to licensure or certification;
        (6) do any of the following until after the time during
    which the owner of a distressed property may cancel the
    transaction:
            (A) accept from the owner of the distressed
        property an execution of any instrument of conveyance
        of any interest in the distressed property;
            (B) induce the owner of the distressed property to
        execute an instrument of conveyance of any interest in
        the distressed property; or
            (C) record with the county recorder of deeds any
        document signed by the owner of the distressed
        property, including but not limited to any instrument
        of conveyance;
        (7) fail to reconvey title to the distressed property
    when the terms of the conveyance contract have been
    fulfilled;
        (8) induce the owner of the distressed property to
    execute a quit claim deed when entering into a distressed
    property conveyance;
        (9) enter into a distressed property conveyance where
    any party to the transaction is represented by power of
    attorney;
        (10) fail to extinguish all liens encumbering the
    distressed property, immediately following the conveyance
    of the distressed property, or fail to assume all liability
    with respect to the lien in foreclosure and prior liens
    that will not be extinguished by such foreclosure, which
    assumption shall be accomplished without violations of the
    terms and conditions of the lien being assumed. Nothing
    herein shall preclude a lender from enforcing any provision
    in a contract that is not otherwise prohibited by law;
        (11) fail to complete a distressed property conveyance
    before a notary in the offices of a title company licensed
    by the Department of Financial and Professional
    Regulation, before an agent of such a title company, a
    notary in the office of a bank, or a licensed attorney
    where the notary is employed; or
        (12) cause the property to be conveyed or encumbered
    without the knowledge or permission of the distressed
    property owner, or in any way frustrate the ability of the
    distressed property owner to complete the conveyance back
    to the distressed property owner.
    (c) There is a rebuttable presumption that an appraisal by
a person licensed or certified by an agency of this State or
the federal government is an accurate determination of the fair
market value of the property.
    (d) "Consideration" in item (2) of subsection (b) means any
payment or thing of value provided to the owner of the
distressed property, including reasonable costs paid to
independent third parties necessary to complete the distressed
property conveyance or payment of money to satisfy a debt or
legal obligation of the owner of the distressed property.
     "Consideration" shall not include amounts imputed as a
downpayment or fee to the distressed property purchaser, or a
person acting in participation with the distressed property
purchaser.
    (e) An evaluation of "reasonable ability to pay" under
subsection (b)(1) of this Section 50 shall include debt to
income ratio, fair market value of the distressed property, and
the distressed property owner's payment history. There is a
rebuttable presumption that the distressed property purchaser
has not verified reasonable payment ability if the distressed
property purchaser has not obtained documents of assets,
liabilities, and income, other than a statement by the owner of
the distressed property.
(Source: P.A. 94-822, eff. 1-1-07; 95-1047, eff. 4-6-09.)
 
    Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2018