Illinois General Assembly - Illinois Compiled Statutes

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225 ILCS 454/20-90

(225 ILCS 454/20-90)

(Section scheduled to be repealed on January 1, 2030)

Sec. 20-90. Collection from Real Estate Recovery Fund; procedure.

(a) No action for a judgment that subsequently results in a post-judgment order for
collection from the
Real Estate Recovery Fund shall be started later than 2 years after the date on
which the aggrieved
person knew, or through the use of reasonable diligence should have known, of
the acts or
omissions giving rise to a right of recovery from the Real Estate Recovery
Fund.

(b) When any aggrieved person commences action for a judgment that may
result in
collection from the Real Estate Recovery Fund, the aggrieved person must name
as parties
defendant to that action any and all licensees, their
employees, or independent contractors who allegedly committed or are responsible for acts or omissions
giving rise to a right
of recovery from the Real Estate Recovery Fund.  Failure to name as parties
defendant such
licensees, their employees, or independent contractors shall preclude recovery
from the Real Estate
Recovery Fund of any portion of any judgment received in such an action. These parties defendant shall also include any corporations, limited
liability companies,
partnerships, registered limited liability partnership, or other business
associations licensed under this Act that may be
responsible for acts giving rise to a right of recovery from the Real Estate
Recovery Fund.

(c) (Blank).

(d) When any aggrieved person commences action for a judgment that may
result in
collection from the Real Estate Recovery Fund, and the aggrieved person is unable to obtain legal
and proper service upon the parties defendant licensed under this Act under the provisions of Illinois law concerning service of
process in civil actions, the aggrieved person may petition the court where the action to obtain
judgment was begun for an order to allow service of legal process on the Secretary. Service of
process on the Secretary shall be taken and held in that court to be as valid and binding as if
due service had been made upon the parties defendant licensed under this Act. In case any process mentioned in this Section is
served upon the Secretary, the Secretary shall forward a copy of the
process by certified
mail to the licensee's last address on record with the Department. Any judgment obtained
after service of
process on the Secretary under this Act shall apply to and be enforceable
against the Real
Estate Recovery Fund only. The Department may intervene in and defend any such action.

(e) (Blank).

(f) The aggrieved person shall give written notice to the Department within 30 days of
the entry of any
judgment that may result in collection from the Real Estate Recovery Fund. The
aggrieved person shall provide the Department with 20 days prior written notice of all
supplementary
proceedings so as to allow the Department to intervene and participate in all efforts to collect on the
judgment in the same manner as any party.

(g) When any aggrieved person recovers a valid judgment in any court of
competent
jurisdiction in an action in which the court has found the aggrieved person to be injured or otherwise damaged by any licensee or an unlicensed employee of any licensee as a result of
fraud, misrepresentation, discrimination, or deceit or intentional violation of this Act by the licensee or the unlicensed employee of the licensee, the aggrieved person may,
upon the termination
of all proceedings, including review and appeals in connection with the
judgment, file a verified
claim in the court in which the judgment was entered and, upon 30 days' written
notice to the Department,
and to the person against whom the judgment was obtained, may apply to the
court for a post-judgment order
directing payment from the Real Estate Recovery Fund of the amount unpaid
upon the judgment,
not including interest on the judgment, and subject to the limitations stated
in Section 20-85 of this
Act.  The aggrieved person must set out in that verified claim and subsequently prove at an
evidentiary hearing to be
held by the court upon the application that the claim meets all requirements of Section 20-85 and this Section to be eligible for payment from the Real Estate Recovery Fund. The aggrieved party shall be required to
show that the
aggrieved person:

(1) Is not a spouse of the debtor or debtors or the

personal representative of such spouse.

(2) Has complied with all the requirements of this

Section.

(3) Has obtained a judgment stating the amount

thereof and the amount owing thereon, not including interest thereon, at the date of the application.

(4) Has shown evidence of the amount of attorney's

fees sought to be recovered and the reasonableness of those fees up to the maximum allowed pursuant to Section 20-85 of this Act. An affidavit from the aggrieved party's attorney shall be sufficient evidence of the attorney's fees incurred.

(h) If, after conducting the evidentiary hearing required under this Section, the court finds the aggrieved party has satisfied the requirements of Section 20-85 and this Section, the court shall, in a post-judgment order directed to the Department, order payment from
the Real Estate
Recovery Fund in the amount of the unpaid balance of the aggrieved party's judgment subject 
to and in
accordance with the limitations contained in Section 20-85 of this Act.

(i) If the Department pays from the Real Estate Recovery Fund any amount in
settlement of a claim
or toward satisfaction of a judgment against any licensee
or an unlicensed
employee of a licensee, the licensee's license shall be automatically revoked
upon the issuance of a
post-judgment order authorizing payment from the Real Estate Recovery Fund.  No
petition for restoration of
a license shall be heard until repayment has been made in full, plus interest
at the rate prescribed in
Section 12-109 of the Code of Civil Procedure of the amount paid from
the Real Estate Recovery Fund on their account, notwithstanding any provision to the contrary in Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. A discharge in bankruptcy shall
not relieve a
person from the penalties and disabilities provided in this subsection (i).

(j) If, at any time, the money deposited in the Real Estate Recovery Fund is
insufficient to
satisfy any duly authorized claim or portion thereof, the Department shall, when
sufficient money has been
deposited in the Real Estate Recovery Fund, satisfy such unpaid claims or
portions thereof, in the
order that such claims or portions thereof were originally filed, plus
accumulated interest at the rate
prescribed in Section 12-109 of the Code of Civil Procedure, provided that amount does not exceed the limits set forth in rules adopted by the Department.

(Source: P.A. 101-357, eff. 8-9-19.)