Illinois General Assembly - Full Text of Public Act 098-1099
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Public Act 098-1099





Public Act 098-1099
SB2730 EnrolledLRB098 17569 HEP 52678 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Code of Civil Procedure is amended by adding
Section 15-1603.5 as follows:
    (735 ILCS 5/15-1603.5 new)
    Sec. 15-1603.5. Strict foreclosure of an omitted
subordinate interest.
    (a) As used in this Section, "omitted subordinate interest"
means a recorded subordinate interest in real estate where:
        (1) the real estate is the subject of a foreclosure
    action under this Article;
        (2) a motion to confirm judicial sale under subsection
    (b) of Section 15-1508 is either pending or has been
        (3) the interest attached to the real estate prior to
    the filing or recording of any notice in accordance with
    Sections 2-1901 and 15-1503; and
        (4) the person who has the interest was not named in
    the foreclosure complaint.
    (b) The holder of the certificate of sale or any person who
acquired title pursuant to Section 15-1509 or any subsequent
successor, assignee, transferee, or grantee who discovers an
omitted subordinate interest may file a strict foreclosure
complaint naming the person who has the omitted subordinate
interest as the defendant. A complaint filed under this Section
must include substantially the following:
        (1) the identity of the plaintiff and how the plaintiff
    acquired its interest in the property which is the subject
    of the strict foreclosure;
        (2) the docket number of the prior foreclosure action
    and the recording number and date of the mortgage that was
    previously foreclosed;
        (3) the legal description, common address, and parcel
    identification number of the real estate which is the
    subject of the strict foreclosure;
        (4) the recording number and a copy of the recorded
    instrument identifying the person who has the omitted
    subordinate interest that is named as the defendant;
        (5) the amount of the successful bid at the foreclosure
    sale, as stated in the report of sale in the prior
    foreclosure action, with a copy of the report of sale
    attached to the complaint;
        (6) an allegation that, due to inadvertence or mistake
    or such other reason as may be applicable, the person who
    has the omitted subordinate interest was not made a party
    defendant in the prior foreclosure action and the omitted
    subordinate interest was not terminated by the judgment of
    foreclosure and when the subject property was sold by
    judicial sale; and
        (7) a request for relief setting forth the redemption
    period as provided in this Section and identifying a
    contact by name and telephone number who will accept tender
    of the redemption amount.
    (c) Subject to the objection of the defendant, the court
shall enter a judgment extinguishing the omitted subordinate
    (d) If the defendant objects to the entry of the judgment,
the court, after a hearing, shall enter an order providing
        (1) that the defendant has not agreed to pay the amount
    required to redeem, in which event the court shall proceed
    to enter the judgment; or
        (2) that the defendant has agreed to pay the amount
    required to redeem.
    (e) The amount required to redeem shall be the sum bid at
the prior foreclosure sale plus any costs and fees incurred
subsequent to the sale for the payment of taxes, preservation
of the property, or any other actions taken by the holder of
the certificate of sale to protect its interest in the
property. The amount required to redeem shall not include any
costs or fees incurred by the plaintiff in the strict
foreclosure case filed under this Section.
    The order shall state that upon payment of the redemption
amount within the redemption period, which shall extend 30 days
after the entry of the order, title to the real estate shall
vest in the defendant who redeems pursuant to this Section. If
the defendant subject to the order has not paid the amount
required to redeem within the 30-day redemption period, the
interest of the defendant in the property is terminated.
    (f) A person whose omitted subordinate interest was not
terminated by a prior foreclosure action does not have a right
to file a strict foreclosure action.
    (g) Notwithstanding that the person's omitted subordinate
interest in the real estate has been terminated pursuant to
this Section, nothing in this Section shall be construed to
extinguish or impair any claim of such person in the surplus
proceeds of a sale held or distributed pursuant to subsection
(d) of Section 15-1512 of this Code after the confirmation of
the sale of the real estate for which such person had an
omitted subordinate interest.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2014