Rep. Elaine Nekritz

Filed: 5/23/2011

 

 


 

 


 
09700SB1355ham002LRB097 07919 AJO 55726 a

1
AMENDMENT TO SENATE BILL 1355

2    AMENDMENT NO. ______. Amend Senate Bill 1355, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, on page 3, replacing lines 6 through 16 with the following:
 
5"by first class mail to the chairperson of the county board or
6county clerk in the case of a county, to the mayor or city
7clerk in the case of a city, to the president of the board of
8trustees or village clerk in the case of a village, or to the
9president or town clerk in the case of a town provided pursuant
10to Section 2-211 of the Code of Civil Procedure. Additionally,
11if the real estate is located in a city with a population of
12more than 2,000,000, the party or the party's attorney must
13within 3 days after filing the complaint or counterclaim: (i)
14send a copy of the notice of foreclosure to the city clerk and
15(ii) file an affidavit attesting to the fact that the notice
16was sent to the city clerk. Within 5 days after receipt of a
17notice of foreclosure, the city clerk shall send a copy of the

 

 

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1notice to the alderman for the ward in which the real estate is
2located. The failure to send a copy of the notice to the clerk
3or to file an affidavit within 3 days as required results in
4the dismissal without prejudice of the complaint or
5counterclaim as a matter of law. If, after the complaint or
6counterclaim has been dismissed without prejudice as a matter
7of law, the party or the party's attorney refiles the complaint
8or counterclaim, then the party or the party's attorney must
9again meet the requirements that the party send the notice to
10the city clerk within 3 days and file an affidavit within 3
11days attesting to the fact that the notice was sent as
12required. In that instance, the city clerk shall send a copy of
13the notice to the appropriate alderman within 5 days."; and
 
14on page 6, by replacing lines 5 through 14 as follows:
 
15"a county, to the mayor or city clerk in the case of a city, to
16the president of the board of trustees or village clerk in the
17case of a village, or to the president or town clerk in the
18case of a town provided pursuant to Section 2-211 of the Code
19of Civil Procedure. Additionally, if the real estate is located
20in a city with a population of more than 2,000,000, the party
21or the party's attorney filing the complaint or the counter
22claim must within 3 days after the entry of the confirmation
23order: (i) send a copy of the confirmation order to the city
24clerk and (ii) file an affidavit attesting to the fact that a

 

 

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1copy of the confirmation order was sent to the city clerk.
2Within 5 days after receipt of a confirmation order, the city
3clerk shall send a copy of the confirmation order to the
4alderman for the ward in which the real estate is located.".