Illinois General Assembly - Full Text of Public Act 101-0399
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Public Act 101-0399


 

Public Act 0399 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0399
 
SB0169 EnrolledLRB101 04859 LNS 49868 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 Section 15-1503 as follows:
 
    (735 ILCS 5/15-1503)  (from Ch. 110, par. 15-1503)
    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
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
sought to be foreclosed. An incorrect common address or
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
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.
    (b) 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 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
alderman 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 alderman for the ward in which
the real estate is located. The failure to send a copy of the
notice to the alderman 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. results in the dismissal without prejudice of the
complaint or counterclaim on a motion of a party or the court.
If, after the complaint or counterclaim has been dismissed
without prejudice, the party refiles the complaint or
counterclaim, then the party must again comply with the
requirements that the party send by first class mail, postage
prepaid, the notice to the alderman for the ward in which the
real estate is located and file an affidavit attesting to the
fact that the notice was sent.
(Source: P.A. 96-856, eff. 3-1-10; 97-1164, eff. 6-1-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/16/2019