HB5665 EngrossedLRB097 15509 AJO 60632 b

1    AN ACT concerning foreclosure.
 
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 adding
5Sections 15-1108, 15-1109, and 15-1110 as follows:
 
6    (735 ILCS 5/15-1108 new)
7    Sec. 15-1108. False representation concerning real estate
8title.
9    (a) A person commits false representation concerning title
10to real estate when he or she knowingly as part of any
11transaction or legal proceeding pursuant to this Article XV:
12        (1) claims an interest in, or a lien or encumbrance
13    against, real estate in a document that is recorded in the
14    recorder's office in the county in which the real estate is
15    located and who knows or has reason to know that the
16    document is forged or groundless, contains a material
17    misstatement, or false claim or is otherwise invalid;
18        (2) executes or notarizes a document purporting to
19    create an interest in, or a lien or encumbrance against,
20    real estate, that is recorded in the recorder's office in
21    the county in which the real estate is located and who has
22    specific knowledge that the document is forged, contains a
23    material misstatement, or false claim or is otherwise

 

 

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1    invalid; or
2        (3) causes a document described in paragraph (1) or (2)
3    to be recorded in the recorder's office in the county in
4    which the real estate is located and who has specific
5    knowledge that the document is forged, contains a material
6    misstatement, or false claim or is otherwise invalid.
7    (b) False representation concerning title to real estate as
8described by paragraph (1), (2), or (3) of subsection (a) is a
9Class 4 felony.
 
10    (735 ILCS 5/15-1109 new)
11    Sec. 15-1109. Pattern of false representation concerning
12real estate title.
13    (a) A person commits a pattern of making false
14representations concerning title to real estate when he or she
15knowingly, as part of any transaction or legal proceedings
16pursuant to this Article XV, commits one or more violations of
17paragraph (1), (2), or (3) of Section 15-1108 in 2 or more
18transactions:
19        (1) which have the same or similar pattern, purposes,
20    results, accomplices, victims or methods of commission, or
21    are otherwise interrelated by distinguishing
22    characteristics;
23        (2) which are not isolated incidents within the
24    preceding 4 years; and
25        (3) in which the aggregate loss or intended loss is

 

 

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1    more than $250.
2    (b) A pattern of making false representations concerning
3title to real estate described in subsection (a) is a Class 3
4felony.
 
5    (735 ILCS 5/15-1110 new)
6    Sec. 15-1110. Civil action for false representation
7concerning real estate title.
8    (a) In addition to the criminal penalties imposed for a
9violation of Section 15-1108 or 15-1109, any person who
10violates Section 15-1108 or 15-1109 is subject to a civil
11penalty of not more than $5,000 for each violation. This
12penalty is recoverable in a civil action, brought in the name
13of the State by the Attorney General, in the circuit court in
14the county in which the real estate is located. In such an
15action, the Attorney General may recover reasonable attorney's
16fees and costs.
17    (b) Except as otherwise provided in this subsection, the
18owner or holder of the beneficial interest in real estate which
19is the subject of a false representation concerning title may
20bring a civil action in the circuit court in the county in
21which the real estate is located to recover any damages
22suffered by the owner or holder of the beneficial interest plus
23reasonable attorney's fees and costs. The owner or holder of
24the beneficial interest in the real estate must, before
25bringing a civil action pursuant to this subsection, send a

 

 

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1written request by first class mail to the person who made the
2false representation requesting that the person record a
3document which corrects the false representation. If the person
4records such a document not later than 20 days after the date
5of the written request, the owner or holder of the beneficial
6interest may not bring a civil action pursuant to this
7subsection.