Bill Status of HB 5665   97th General Assembly

Short Description:  CIV PRO-FORECLOSE-FRAUD-FELONY

House Sponsors
Rep. Constance A. Howard-Mary E. Flowers-Karen A. Yarbrough-Esther Golar-Al Riley

Senate Sponsors
(Sen. Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/15-1108 new
735 ILCS 5/15-1109 new
735 ILCS 5/15-1110 new

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that a person commits false representation concerning title to real estate, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document and that a person commits a pattern of making false representations concerning title to real estate, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the Attorney General has a private right of action for civil penalties arising from such conduct. Provides that a private cause of action for the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.

House Floor Amendment No. 1
Changes provisions imposing criminal liability for false representation concerning title to real estate in the case of a person who executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real estate or causes a document to be recorded in the recorder's office by: applying the provisions to a person who "has specific knowledge" (rather than a person who "knows or has reason to know") of the nature of the document; and deleting language applying the provisions to a document that is groundless.

Actions 
DateChamber Action
  2/15/2012HouseFiled with the Clerk by Rep. Constance A. Howard
  2/16/2012HouseFirst Reading
  2/16/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Judiciary II - Criminal Law Committee
  3/8/2012HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 009-000-000
  3/8/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/8/2012HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/8/2012HouseAdded Chief Co-Sponsor Rep. Karen A. Yarbrough
  3/8/2012HouseAdded Chief Co-Sponsor Rep. Esther Golar
  3/27/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Constance A. Howard
  3/27/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/30/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/30/2012HouseRecalled to Second Reading - Short Debate
  3/30/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/30/2012HouseAdded Chief Co-Sponsor Rep. Al Riley
  3/30/2012HouseRule 19(a) / Re-referred to Rules Committee
  4/24/2012HouseFinal Action Deadline Extended-9(b) May 31, 2012
  4/24/2012HouseApproved for Consideration Rules Committee; 004-000-000
  4/24/2012HousePlaced on Calendar 2nd Reading - Short Debate
  4/26/2012HouseSecond Reading - Short Debate
  4/26/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/26/2012HouseThird Reading - Consideration Postponed
  4/26/2012HousePlaced on Calendar - Consideration Postponed
  4/27/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard
  4/27/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/30/2012HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  5/10/2012HouseRecalled to Second Reading - Short Debate
  5/10/2012HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/10/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/10/2012HouseThird Reading - Short Debate - Passed 062-051-000
  5/10/2012HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  5/10/2012SenateArrive in Senate
  5/10/2012SenatePlaced on Calendar Order of First Reading
  5/10/2012SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  5/10/2012SenateFirst Reading
  5/10/2012SenateReferred to Assignments
  1/8/2013HouseSession Sine Die

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