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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 Sections 2-201, 2-1401, 13-107, and 13-109 and by
6adding Sections 13-107.1 and 13-109.1 as follows:
7    (735 ILCS 5/2-201)  (from Ch. 110, par. 2-201)
8    Sec. 2-201. Commencement of actions - Forms of process.
9    (a) Every action, unless otherwise expressly provided by
10statute, shall be commenced by the filing of a complaint. The
11clerk shall issue summons upon request of the plaintiff. The
12form and substance of the summons, and of all other process,
13and the issuance of alias process, and the service of copies of
14pleadings shall be according to rules.
15    (b) One or more duplicate original summonses may be issued,
16marked "First Duplicate," "Second Duplicate," etc., as the case
17may be, whenever it will facilitate the service of summons in
18any one or more counties, including the county of venue.
19    (c) A court's jurisdiction is not affected by a technical
20error in format of a summons if the summons has been issued by
21a clerk of the court, the person or entity to be served is
22identified as a defendant on the summons, and the summons is
23properly served. This subsection is declarative of existing



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2(Source: P.A. 82-280.)
3    (735 ILCS 5/2-1401)  (from Ch. 110, par. 2-1401)
4    Sec. 2-1401. Relief from judgments.
5    (a) Relief from final orders and judgments, after 30 days
6from the entry thereof, may be had upon petition as provided in
7this Section. Writs of error coram nobis and coram vobis, bills
8of review and bills in the nature of bills of review are
9abolished. All relief heretofore obtainable and the grounds for
10such relief heretofore available, whether by any of the
11foregoing remedies or otherwise, shall be available in every
12case, by proceedings hereunder, regardless of the nature of the
13order or judgment from which relief is sought or of the
14proceedings in which it was entered. Except as provided in the
15Illinois Parentage Act of 2015, there shall be no distinction
16between actions and other proceedings, statutory or otherwise,
17as to availability of relief, grounds for relief or the relief
19    (b) The petition must be filed in the same proceeding in
20which the order or judgment was entered but is not a
21continuation thereof. The petition must be supported by
22affidavit or other appropriate showing as to matters not of
23record. A petition to reopen a foreclosure proceeding must
24include as parties to the petition, but is not limited to, all
25parties in the original action in addition to the current



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1record title holders of the property, current occupants, and
2any individual or entity that had a recorded interest in the
3property before the filing of the petition. All parties to the
4petition shall be notified as provided by rule.
5    (b-5) A movant may present a meritorious claim under this
6Section if the allegations in the petition establish each of
7the following by a preponderance of the evidence:
8        (1) the movant was convicted of a forcible felony;
9        (2) the movant's participation in the offense was
10    related to him or her previously having been a victim of
11    domestic violence as perpetrated by an intimate partner;
12        (3) no evidence of domestic violence against the movant
13    was presented at the movant's sentencing hearing;
14        (4) the movant was unaware of the mitigating nature of
15    the evidence of the domestic violence at the time of
16    sentencing and could not have learned of its significance
17    sooner through diligence; and
18        (5) the new evidence of domestic violence against the
19    movant is material and noncumulative to other evidence
20    offered at the sentencing hearing, and is of such a
21    conclusive character that it would likely change the
22    sentence imposed by the original trial court.
23    Nothing in this subsection (b-5) shall prevent a movant
24from applying for any other relief under this Section or any
25other law otherwise available to him or her.
26    As used in this subsection (b-5):



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1        "Domestic violence" means abuse as defined in Section
2    103 of the Illinois Domestic Violence Act of 1986.
3        "Forcible felony" has the meaning ascribed to the term
4    in Section 2-8 of the Criminal Code of 2012.
5        "Intimate partner" means a spouse or former spouse,
6    persons who have or allegedly have had a child in common,
7    or persons who have or have had a dating or engagement
8    relationship.
9    (c) Except as provided in Section 20b of the Adoption Act
10and Section 2-32 of the Juvenile Court Act of 1987 or in a
11petition based upon Section 116-3 of the Code of Criminal
12Procedure of 1963, the petition must be filed not later than 2
13years after the entry of the order or judgment. Time during
14which the person seeking relief is under legal disability or
15duress or the ground for relief is fraudulently concealed shall
16be excluded in computing the period of 2 years.
17    (d) The filing of a petition under this Section does not
18affect the order or judgment, or suspend its operation.
19    (e) Unless lack of jurisdiction affirmatively appears from
20the record proper, the vacation or modification of an order or
21judgment pursuant to the provisions of this Section does not
22affect the right, title or interest in or to any real or
23personal property of any person, not a party to the original
24action, acquired for value after the entry of the order or
25judgment but before the filing of the petition, nor affect any
26right of any person not a party to the original action under



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1any certificate of sale issued before the filing of the
2petition, pursuant to a sale based on the order or judgment.
3When a petition is filed pursuant to this Section to reopen a
4foreclosure proceeding, notwithstanding the provisions of
5Section 15-1701 of this Code, the purchaser or successor
6purchaser of real property subject to a foreclosure sale who
7was not a party to the mortgage foreclosure proceedings is
8entitled to remain in possession of the property until the
9foreclosure action is defeated or the previously foreclosed
10defendant redeems from the foreclosure sale if the purchaser
11has been in possession of the property for more than 6 months.
12    (f) Nothing contained in this Section affects any existing
13right to relief from a void order or judgment, or to employ any
14existing method to procure that relief.
15(Source: P.A. 99-85, eff. 1-1-16; 99-384, eff. 1-1-16; 99-642,
16eff. 7-28-16.)
17    (735 ILCS 5/13-107)  (from Ch. 110, par. 13-107)
18    Sec. 13-107. Seven years with possession and record title.
19Except as provided in Section 13-107.1, actions Actions brought
20for the recovery of any lands, tenements or hereditaments of
21which any person may be possessed by actual residence thereon
22for 7 successive years, having a connected title, deductible of
23record, from this State or the United States, or from any
24public officer or other person authorized by the laws of this
25State to sell such land for the non-payment of taxes, or from



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1any sheriff, marshal, or other person authorized to sell such
2land for the enforcement of a judgment or under any order or
3judgment of any court shall be brought within 7 years next
4after possession is taken, but when the possessor acquires such
5title after taking such possession, the limitation shall begin
6to run from the time of acquiring title.
7(Source: P.A. 82-280.)
8    (735 ILCS 5/13-107.1 new)
9    Sec. 13-107.1. Two years with possession and record title
10derived from a judicial foreclosure sale.
11    (a) Actions brought for the recovery of any lands,
12tenements, or hereditaments of which any person may be
13possessed for 2 successive years, having a connected title,
14deductible of record, as a purchaser at a judicial foreclosure
15sale, other than a mortgagee, who takes possession pursuant to
16a court order under the Illinois Mortgage Foreclosure Law, or a
17purchaser who acquires title from a mortgagee or a purchaser at
18a judicial foreclosure sale who received title and took
19possession pursuant to a court order, shall be brought within 2
20years after possession is taken. When the purchaser acquires
21title and has taken possession, the limitation shall begin to
22run from the date a mortgagee or a purchaser at a judicial
23foreclosure sale takes possession pursuant to a court order
24under the Illinois Mortgage Foreclosure Law or Article IX of
25this Code. The vacation or modification, pursuant to the



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1provisions of Section 2-1401, of an order or judgment entered
2in the judicial foreclosure does not affect the limitation in
3this Section.
4    (b) This Section applies to actions filed on or after 180
5days after the effective date of this amendatory Act of the
6100th General Assembly.
7    (735 ILCS 5/13-109)  (from Ch. 110, par. 13-109)
8    Sec. 13-109. Payment of taxes with color of title. Except
9as provided in Section 13-109.1, every Every person in the
10actual possession of lands or tenements, under claim and color
11of title, made in good faith, and who for 7 successive years
12continues in such possession, and also, during such time, pays
13all taxes legally assessed on such lands or tenements, shall be
14held and adjudged to be the legal owner of such lands or
15tenements, to the extent and according to the purport of his or
16her paper title. All persons holding under such possession, by
17purchase, legacy or descent, before such 7 years have expired,
18and who continue such possession, and continue to pay the taxes
19as above set forth so as to complete the possession and payment
20of taxes for the term above set forth, are entitled to the
21benefit of this Section.
22(Source: P.A. 88-45.)
23    (735 ILCS 5/13-109.1 new)
24    Sec. 13-109.1. Payment of taxes with color of title derived



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1from judicial foreclosure. Every person in the actual
2possession of lands or tenements, under claim and color of
3title, as a purchaser at a judicial foreclosure sale, other
4than a mortgagee, who takes possession pursuant to a court
5order under the Illinois Mortgage Foreclosure Law, or a
6purchaser who acquires title from a mortgagee or a purchaser at
7a judicial foreclosure sale who received title and took
8possession pursuant to such a court order, and who for 2
9successive years continues in possession, and also, during such
10time, pays all taxes legally assessed on the lands or
11tenements, shall be held and adjudged to be the legal owner of
12the lands or tenements, to the extent and according to the
13purport of his or her paper title. All persons holding under
14such possession, by purchase, legacy, or descent, before such 2
15years have expired, and who continue possession, and continue
16to pay the taxes as above set forth so as to complete the
17possession and payment of taxes for the term above set forth,
18are entitled to the benefit of this Section. The vacation or
19modification, pursuant to the provisions of Section 2-1401, of
20an order or judgment entered in the judicial foreclosure does
21not affect the limitation in this Section.
22    This Section applies to actions filed on or after 180 days
23after the effective date of this amendatory Act of the 100th
24General Assembly.
25    Section 10. The Mortgage Rescue Fraud Act is amended by



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1changing Section 50 as follows:
2    (765 ILCS 940/50)
3    Sec. 50. Violations.
4    (a) It is a violation for a distressed property consultant
6        (1) claim, demand, charge, collect, or receive any
7    compensation until after the distressed property
8    consultant has fully performed each service the distressed
9    property consultant contracted to perform or represented
10    he or she would perform;
11        (2) claim, demand, charge, collect, or receive any fee,
12    interest, or any other compensation that does not comport
13    with Section 70;
14        (3) take a wage assignment, a lien of any type on real
15    or personal property, or other security to secure the
16    payment of compensation. Any such security is void and
17    unenforceable;
18        (4) receive any consideration from any third party in
19    connection with services rendered to an owner unless the
20    consideration is first fully disclosed to the owner;
21        (5) acquire any interest, directly or indirectly, or by
22    means of a subsidiary or affiliate in a distressed property
23    from an owner with whom the distressed property consultant
24    has contracted;
25        (6) take any power of attorney from an owner for any



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1    purpose, except to inspect documents as provided by law; or
2        (7) induce or attempt to induce an owner to enter a
3    contract that does not comply in all respects with Sections
4    10 and 15 of this Act; or .
5        (8) enter into, enforce, or act upon any agreement with
6    a foreclosure defendant, whether the foreclosure is
7    completed or otherwise, if the agreement provides for a
8    division of proceeds between the foreclosure defendant and
9    the distressed property consultant derived from litigation
10    related to the foreclosure.
11     (b) A distressed property purchaser, in the course of a
12distressed property conveyance, shall not:
13        (1) enter into, or attempt to enter into, a distressed
14    property conveyance unless the distressed property
15    purchaser verifies and can demonstrate that the owner of
16    the distressed property has a reasonable ability to pay for
17    the subsequent conveyance of an interest back to the owner
18    of the distressed property and to make monthly or any other
19    required payments due prior to that time;
20        (2) fail to make a payment to the owner of the
21    distressed property at the time the title is conveyed so
22    that the owner of the distressed property has received
23    consideration in an amount of at least 82% of the
24    property's fair market value, or, in the alternative, fail
25    to pay the owner of the distressed property no more than
26    the costs necessary to extinguish all of the existing



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1    obligations on the distressed property, as set forth in
2    subdivision (b)(10) of Section 45, provided that the
3    owner's costs to repurchase the distressed property
4    pursuant to the terms of the distressed property conveyance
5    contract do not exceed 125% of the distressed property
6    purchaser's costs to purchase the property. If an owner is
7    unable to repurchase the property pursuant to the terms of
8    the distressed property conveyance contract, the
9    distressed property purchaser shall not fail to make a
10    payment to the owner of the distressed property so that the
11    owner of the distressed property has received
12    consideration in an amount of at least 82% of the
13    property's fair market value at the time of conveyance or
14    at the expiration of the owner's option to repurchase.
15        (3) enter into repurchase or lease terms as part of the
16    subsequent conveyance that are unfair or commercially
17    unreasonable, or engage in any other unfair conduct;
18        (4) represent, directly or indirectly, that the
19    distressed property purchaser is acting as an advisor or a
20    consultant, or in any other manner represent that the
21    distressed property purchaser is acting on behalf of the
22    homeowner, or the distressed property purchaser is
23    assisting the owner of the distressed property to "save the
24    house", "buy time", or do anything couched in substantially
25    similar language;
26        (5) misrepresent the distressed property purchaser's



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1    status as to licensure or certification;
2        (6) do any of the following until after the time during
3    which the owner of a distressed property may cancel the
4    transaction:
5            (A) accept from the owner of the distressed
6        property an execution of any instrument of conveyance
7        of any interest in the distressed property;
8            (B) induce the owner of the distressed property to
9        execute an instrument of conveyance of any interest in
10        the distressed property; or
11            (C) record with the county recorder of deeds any
12        document signed by the owner of the distressed
13        property, including but not limited to any instrument
14        of conveyance;
15        (7) fail to reconvey title to the distressed property
16    when the terms of the conveyance contract have been
17    fulfilled;
18        (8) induce the owner of the distressed property to
19    execute a quit claim deed when entering into a distressed
20    property conveyance;
21        (9) enter into a distressed property conveyance where
22    any party to the transaction is represented by power of
23    attorney;
24        (10) fail to extinguish all liens encumbering the
25    distressed property, immediately following the conveyance
26    of the distressed property, or fail to assume all liability



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1    with respect to the lien in foreclosure and prior liens
2    that will not be extinguished by such foreclosure, which
3    assumption shall be accomplished without violations of the
4    terms and conditions of the lien being assumed. Nothing
5    herein shall preclude a lender from enforcing any provision
6    in a contract that is not otherwise prohibited by law;
7        (11) fail to complete a distressed property conveyance
8    before a notary in the offices of a title company licensed
9    by the Department of Financial and Professional
10    Regulation, before an agent of such a title company, a
11    notary in the office of a bank, or a licensed attorney
12    where the notary is employed; or
13        (12) cause the property to be conveyed or encumbered
14    without the knowledge or permission of the distressed
15    property owner, or in any way frustrate the ability of the
16    distressed property owner to complete the conveyance back
17    to the distressed property owner.
18    (c) There is a rebuttable presumption that an appraisal by
19a person licensed or certified by an agency of this State or
20the federal government is an accurate determination of the fair
21market value of the property.
22    (d) "Consideration" in item (2) of subsection (b) means any
23payment or thing of value provided to the owner of the
24distressed property, including reasonable costs paid to
25independent third parties necessary to complete the distressed
26property conveyance or payment of money to satisfy a debt or



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1legal obligation of the owner of the distressed property.
2     "Consideration" shall not include amounts imputed as a
3downpayment or fee to the distressed property purchaser, or a
4person acting in participation with the distressed property
6    (e) An evaluation of "reasonable ability to pay" under
7subsection (b)(1) of this Section 50 shall include debt to
8income ratio, fair market value of the distressed property, and
9the distressed property owner's payment history. There is a
10rebuttable presumption that the distressed property purchaser
11has not verified reasonable payment ability if the distressed
12property purchaser has not obtained documents of assets,
13liabilities, and income, other than a statement by the owner of
14the distressed property.
15(Source: P.A. 94-822, eff. 1-1-07; 95-1047, eff. 4-6-09.)
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.