Bill Text: IL SB0169 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Code of Civil Procedure. Provides that the failure to send a copy of the notice of foreclosure to the alderman or to file an affidavit as required results in a fine of $500 payable to the ward in which the property is located (instead of resulting in the dismissal without prejudice of the complaint or counterclaim on a motion of a party or the court). Deletes language regarding the requirements a party must comply with if the party refiles the complaint or counterclaim. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2019-06-21 - Sent to the Governor [SB0169 Detail]

Download: Illinois-2019-SB0169-Enrolled.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Section 15-1503 as follows:
6 (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
7 Sec. 15-1503. Notice of Foreclosure.
8 (a) A notice of foreclosure, whether the foreclosure is
9initiated by complaint or counterclaim, made in accordance with
10this Section and recorded in the county in which the mortgaged
11real estate is located shall be constructive notice of the
12pendency of the foreclosure to every person claiming an
13interest in or lien on the mortgaged real estate, whose
14interest or lien has not been recorded prior to the recording
15of such notice of foreclosure. Such notice of foreclosure must
16be executed by any party or any party's attorney and shall
17include (i) the names of all plaintiffs and the case number,
18(ii) the court in which the action was brought, (iii) the names
19of title holders of record, (iv) a legal description of the
20real estate sufficient to identify it with reasonable
21certainty, (v) a common address or description of the location
22of the real estate and (vi) identification of the mortgage
23sought to be foreclosed. An incorrect common address or

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1description of the location, or an immaterial error in the
2identification of a plaintiff or title holder of record, shall
3not invalidate the lis pendens effect of the notice under this
4Section. A notice which complies with this Section shall be
5deemed to comply with Section 2-1901 of the Code of Civil
6Procedure and shall have the same effect as a notice filed
7pursuant to that Section; however, a notice which complies with
8Section 2-1901 shall not be constructive notice unless it also
9complies with the requirements of this Section.
10 (b) With respect to residential real estate, a copy of the
11notice of foreclosure described in subsection (a) of Section
1215-1503 shall be sent by first class mail, postage prepaid, to
13the municipality within the boundary of which the mortgaged
14real estate is located, or to the county within the boundary of
15which the mortgaged real estate is located if the mortgaged
16real estate is located in an unincorporated territory. A
17municipality or county must clearly publish on its website a
18single address to which such notice shall be sent. If a
19municipality or county does not maintain a website, then the
20municipality or county must publicly post in its main office a
21single address to which such notice shall be sent. In the event
22that a municipality or county has not complied with the
23publication requirement in this subsection (b), then the copy
24of the notice to the municipality or county shall be sent by
25first class mail, postage prepaid, to the chairperson of the
26county board or county clerk in the case of a county, to the

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1mayor or city clerk in the case of a city, to the president of
2the board of trustees or village clerk in the case of a
3village, or to the president or town clerk in the case of a
4town. Additionally, if the real estate is located in a city
5with a population of more than 2,000,000, regardless of whether
6that city has complied with the publication requirement in this
7subsection (b), the party must, within 10 days after filing the
8complaint or counterclaim: (i) send by first class mail,
9postage prepaid, a copy of the notice of foreclosure to the
10alderman for the ward in which the real estate is located and
11(ii) file an affidavit with the court attesting to the fact
12that the notice was sent to the alderman for the ward in which
13the real estate is located. The failure to send a copy of the
14notice to the alderman or to file an affidavit as required
15shall result in a stay of the foreclosure action on a motion of
16a party or the court. If the foreclosure action has been stayed
17by an order of the court, the plaintiff or the plaintiff's
18representative shall send the notice by certified mail, return
19receipt requested, or by private carrier that provides proof of
20delivery, and tender the return receipt or the proof of
21delivery to the court. After proof of delivery is tendered to
22the court, the court shall lift the stay of the foreclosure
23action. results in the dismissal without prejudice of the
24complaint or counterclaim on a motion of a party or the court.
25If, after the complaint or counterclaim has been dismissed
26without prejudice, the party refiles the complaint or

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1counterclaim, then the party must again comply with the
2requirements that the party send by first class mail, postage
3prepaid, the notice to the alderman for the ward in which the
4real estate is located and file an affidavit attesting to the
5fact that the notice was sent.
6(Source: P.A. 96-856, eff. 3-1-10; 97-1164, eff. 6-1-13.)
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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