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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0169 Introduced 1/30/2019, by Sen. John G. Mulroe SYNOPSIS AS INTRODUCED:
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| 735 ILCS 5/15-1503 | from Ch. 110, par. 15-1503 |
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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.
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| | A BILL FOR |
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| | SB0169 | | LRB101 04859 LNS 49868 b |
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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 | | results in a fine of $500 payable to the ward in which the |
| 16 | | property is located the dismissal without prejudice of the |
| 17 | | complaint or counterclaim on a motion of a party or the court. |
| 18 | | If, after the complaint or counterclaim has been dismissed |
| 19 | | without prejudice, the party refiles the complaint or |
| 20 | | counterclaim, then the party must again comply with the |
| 21 | | requirements that the party send by first class mail, postage |
| 22 | | prepaid, the notice to the alderman for the ward in which the |
| 23 | | real estate is located and file an affidavit attesting to the |
| 24 | | fact that the notice was sent. |
| 25 | | (Source: P.A. 96-856, eff. 3-1-10; 97-1164, eff. 6-1-13.)
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| 26 | | Section 99. Effective date. This Act takes effect upon |