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1 | | (b) As a condition of issuing a certificate of title, |
2 | | require the
applicant to file with the Secretary of State a |
3 | | bond in the form
prescribed by the Secretary of State and |
4 | | executed by the applicant, and
either accompanied by the |
5 | | deposit of cash with the Secretary of State or
also executed by |
6 | | a person authorized to conduct a surety business in
this State. |
7 | | The bond shall be in an amount equal to one and one-half
times |
8 | | the value of the vehicle as determined by the Secretary of |
9 | | State
and conditioned to indemnify any prior owner and |
10 | | lienholder and any
subsequent purchaser of the vehicle or |
11 | | person acquiring any security
interest in it, and their |
12 | | respective successors in interest, against any
expense, loss or |
13 | | damage, including reasonable attorney's fees, by reason
of the |
14 | | issuance of the certificate of title of the vehicle or on |
15 | | account
of any defect in or undisclosed security interest upon |
16 | | the right, title
and interest of the applicant in and to the |
17 | | vehicle. Any such interested
person has a right of action to |
18 | | recover on the bond for any breach of
its conditions, but the |
19 | | aggregate liability of the surety to all persons
shall not |
20 | | exceed the amount of the bond. The bond, and any deposit
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21 | | accompanying it, shall be returned at the end of three (3) |
22 | | years or
prior thereto if the vehicle is no longer registered |
23 | | in this State and
the currently valid certificate of title is |
24 | | surrendered to the Secretary
of State, unless the Secretary of |
25 | | State has been notified of the
pendency of an action to recover |
26 | | on the bond. The Secretary shall waive the requirements of this |
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1 | | subsection (b) for the owner of an antique vehicle manufactured |
2 | | more than 50 years before the date the application for a |
3 | | certificate of title is made.
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4 | | Security deposited as a bond hereunder shall be placed by |
5 | | the
Secretary of State in the custody of the State Treasurer.
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6 | | (c) During July, annually, the Secretary shall compile a |
7 | | list of all bonds
on deposit, pursuant to this Section, for |
8 | | more than 3 years and concerning
which he has received no |
9 | | notice as to the pendency of any judicial proceeding
that could |
10 | | affect the disposition thereof. Thereupon, he shall promptly
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11 | | send a notice by certified mail to the last known address of |
12 | | each depositor
advising him that his bond will be subject to |
13 | | escheat to the State of Illinois
if not claimed within 30 days |
14 | | after the mailing date of such notice. At
the expiration of |
15 | | such time, the Secretary of State shall file with the
State |
16 | | Treasurer an order directing the transfer of such deposit to |
17 | | the Road
Fund in the State Treasury. Upon receipt of such |
18 | | order, the State Treasurer
shall make such transfer, after |
19 | | converting to cash any other type of security.
Thereafter any |
20 | | person having a legal claim against such deposit may enforce
it |
21 | | by appropriate proceedings in the Court of Claims subject to |
22 | | the limitations
prescribed for such Court. At the expiration of |
23 | | such limitation period
such deposit shall escheat to the State |
24 | | of Illinois.
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25 | | (Source: P.A. 81-1458.)
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