State of Illinois
92nd General Assembly
Legislation

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92_HB5142

 
                                               LRB9212115WHsb

 1        AN ACT concerning civil procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 9-110 as follows:

 6        (735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
 7        Sec.  9-110.   Judgment  for  whole  premises  -  Stay of
 8    enforcement.  If it appears on the trial that  the  plaintiff
 9    is  entitled  to  the possession of the whole of the premises
10    claimed, judgment for the possession thereof  and  for  costs
11    shall  be  entered in favor of the plaintiff. However, if the
12    action is brought under Article IX of this Code and is  based
13    upon  a breach of a contract entered into on or after July 1,
14    1962 for the purchase of the such  premises,  the  court,  by
15    order,  may stay the enforcement of the judgment for a period
16    not to exceed 60 days from the date of the  judgment,  or  if
17    the  court  finds  that  the amount unpaid on the contract is
18    less than 75% of the original purchase price, then the  court
19    shall  stay  the  enforcement of the judgment for a period of
20    180 days from the date of the judgment.  The court may  order
21    a  stay  of  less than 180 days (but in no event less than 60
22    days) if it is shown that the plaintiff, prior to the  filing
23    of  the  action  under  Article  IX  of this Act, granted the
24    defendant previous extensions of time to pay the amounts  due
25    under the contract, or for other good cause shown.  If during
26    such period of stay the defendant pays the entire amount then
27    due  and  payable  under the terms of the contract other than
28    such portion of the principal balance due under the  contract
29    as would not be due had no default occurred and costs and, if
30    the contract provides therefor, reasonable attorney's fees as
31    fixed  by  the  court,  and  cures  all  other  defaults then
 
                            -2-                LRB9212115WHsb
 1    existing, the contract shall remain in force the same  as  if
 2    no  default  had occurred.  The relief granted to a defendant
 3    by this Section shall  not  be  exhausted  by  a  single  use
 4    thereof  but shall not be again available with respect to the
 5    same contract for a period of 5 years from the date  of  such
 6    judgment.   Whenever  defendant  cures  the default under the
 7    contract pursuant to this Section, the defendant  may  within
 8    the  period  of  stay file a motion to vacate the judgment in
 9    the court in which the judgment  was  entered,  and,  if  the
10    court,  upon  the  hearing  of such motion, is satisfied that
11    such default has been cured, such judgment shall be  vacated.
12    Unless  defendant files such motion to vacate in the court or
13    the judgment is otherwise stayed, enforcement of the judgment
14    may proceed immediately upon the expiration of such period of
15    stay and all rights of the defendant in and to  the  premises
16    and  in  and to the real estate described in the contract are
17    terminated.
18        Nothing herein contained shall be construed as  affecting
19    the  right  of a seller of such premises to any lawful remedy
20    or relief other than that provided by Part 1 of Article IX of
21    this Act.
22    (Source: P.A. 85-907.)

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