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| | HB2905 Enrolled | | LRB098 08988 RLC 39123 b |
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1 | | AN ACT concerning criminal 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 Criminal Code of 2012 is amended by changing |
5 | | Section 32-13 as follows:
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6 | | (720 ILCS 5/32-13)
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7 | | Sec. 32-13. Unlawful clouding of title.
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8 | | (a) Any person who intentionally records or files or causes |
9 | | to be recorded
or filed any document in the office of the |
10 | | recorder or registrar of titles of
any county of this State |
11 | | that is a cloud on the title of land in
this State, knowing |
12 | | that the theory upon which the purported cloud on title is
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13 | | based is not recognized as a legitimate legal theory by the |
14 | | courts of this
State or of the United States, commits the |
15 | | offense of unlawful clouding of
title.
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16 | | (b) Unlawful clouding of title is a Class A misdemeanor for |
17 | | a first offense if the cloud on the title has a value that does |
18 | | not exceed $10,000. Unlawful clouding of title is a Class 4 |
19 | | felony if the cloud on the title has a value that exceeds |
20 | | $10,000, or for a second or subsequent offense .
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21 | | (c) In addition to any other sentence that may be imposed, |
22 | | the court shall
order any person convicted of a violation of |
23 | | this Section, or placed on
supervision for a violation of this |
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| | HB2905 Enrolled | - 2 - | LRB098 08988 RLC 39123 b |
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1 | | Section, to execute a release of the
purported cloud on title |
2 | | as may be requested by or on behalf of any person
whose |
3 | | property is encumbered or potentially encumbered by the |
4 | | document filed.
Irrespective of whether or not a person charged |
5 | | under this Section is convicted
of the offense of unlawful |
6 | | clouding of title, when the evidence demonstrates
that, as a |
7 | | matter of law, the cloud on title is not a type of cloud
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8 | | recognized or authorized by the courts of this State or the |
9 | | United
States, the court shall forthwith direct the recorder or |
10 | | registrar of titles to
expunge the cloud.
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11 | | (c-5) This Section does not apply to an attorney licensed |
12 | | to practice law
in this State who in good faith files a lien on |
13 | | behalf of his or her client and
who in good faith believes that |
14 | | the validity of the lien is supported by
statutory law, by a |
15 | | decision of a court of law, or by a good faith argument
for an |
16 | | extension, modification, or
reversal of existing court |
17 | | decisions relating to the validity of the lien.
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18 | | (d) For purposes of this Section, "cloud on title" or |
19 | | "cloud on the title"
means an outstanding claim or encumbrance |
20 | | that, if valid, would affect or
impair the title of the owner |
21 | | of an estate in land and on its face has that
effect, but can be |
22 | | shown by extrinsic proof to be invalid or inapplicable to
that |
23 | | estate.
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24 | | (Source: P.A. 89-682, eff. 1-1-97.)
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