Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/Art. II Pt. 19
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. II Pt. 19 heading)
735 ILCS 5/2-1901
(735 ILCS 5/2-1901)
(from Ch. 110, par. 2-1901)
Lis Pendens - Operative date of notice.
otherwise provided in Section 15-1503, every
condemnation proceeding, proceeding to sell real estate of decedent to pay
debts, or other action seeking equitable relief, affecting or involving real
property shall, from the time of the filing in the office of the recorder
in the county where the real estate is located, of a notice signed by any party
to the action or his attorney of record or attorney in fact, on his or her
behalf, setting forth the title of the action, the parties to it, the court
where it was brought and a description of the real estate, be constructive
notice to every person subsequently acquiring an interest in or a lien on
the property affected thereby, and every such person and every person
acquiring an interest or lien as above stated, not in possession of the
property and whose interest or lien is not shown of record at the time of
filing such notice, shall, for the purposes of this Section, be deemed a
subsequent purchaser and shall be bound by the proceedings to the same extent
and in the same manner as if he or she were a party thereto. If in any
such action plaintiff or petitioner neglects or fails for the period of 6
months after the filing of the complaint or petition to cause notice to be
given the defendant or defendants, either by service of summons or
publication as required by law, then such notice shall cease to be such
constructive notice until service of summons or publication as required by law is had.
This Section authorizes a notice of any of these actions concerning real
property pending in any United States district court to be recorded and
indexed in the same manner and in the same place as herein provided with
respect to notices of such actions pending in courts of this State.
However, no such action or proceeding shall be constructive notice,
either before or after service of summons or publication, as to property
subject to the provisions of "An Act concerning land titles", approved May
1, 1897, as amended, until the provisions of Section 84
of that Act are complied with.
At any time during the pendency of an action or proceeding initiated
after July 1, 1959, which is constructive notice, the court, upon motion,
may for good cause shown, provided a finding of specific performance is not
necessary for final judgment in the action or proceeding, and upon such
terms and conditions, including the posting of suitable bond, if any, as it
may deem equitable, authorize the making of a deed, mortgage, lease or
other conveyance of any or all of the real estate affected or involved, in
which event the party to whom the deed, mortgage, lease or other conveyance
of the real estate is made and those claiming under him or her shall not be
bound by such action or proceeding.
(Source: P.A. 85-907.)
735 ILCS 5/2-1902
(735 ILCS 5/2-1902)
(from Ch. 110, par. 2-1902)
Lis Pendens - Bankruptcy.
A certified copy of a
petition, with schedules omitted, commencing a proceeding under the
Bankruptcy Act of the United States or of the order of adjudication in such
proceeding, or of the order approving the bond of the trustee appointed in
the proceedings, may be filed, indexed and recorded in the office of the
recorder where conveyances of real estate are recorded in the same manner
as deeds. It shall be the duty of the recorder to file, index under
the name of the bankrupt, and record such certified copies filed for record
in the same manner as deeds, for which services the recorder shall be
entitled to the same fees as are provided by law for filing, indexing and
(Source: P.A. 84-1308.)
735 ILCS 5/2-1903
(735 ILCS 5/2-1903)
(from Ch. 110, par. 2-1903)
Lis Pendens - Limitation as to Public Officers.
absence of a permanent or preliminary injunction or temporary restraining
order of a court, the bringing or pendency of any action alone, heretofore,
or hereafter brought, to defeat or enjoin the disbursement by public
officers of public funds to the persons, uses, or purposes for which they
are appropriated or set apart, including the payment of the salaries and
wages of all officers and employees of the State, or of any county, city,
village, town or other municipality of the State, shall in no way change
the liability of any public officer in the disbursement of public funds on
account of any notice of matters contained in the pleadings in any action,
but such liability shall remain the same, insofar as the bringing or
pendency of any such action alone is concerned, as if no such action had been brought.
(Source: P.A. 84-1308.)