Rep. Marcus C. Evans, Jr.

Filed: 5/22/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1487

2    AMENDMENT NO. ______. Amend Senate Bill 1487 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by adding Section
53-5010.7 as follows:
 
6    (55 ILCS 5/3-5010.7 new)
7    Sec. 3-5010.7. Foreclosure property pilot program.
8    (a) The recorder in a county with a population of more than
93,000,000 shall establish a pilot program that permits
10documents to be recorded against a property in foreclosure by
11judicial order only.
12    (b) Beginning January 1, 2016, upon motion by the plaintiff
13in a foreclosure action, the judge shall issue an order barring
14any nonrecord claimants from recording, without approval of the
15court, an interest on the property that is the subject of the
16foreclosure action. The order shall also prohibit the owner of

 

 

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1the property from recording any document without judicial
2approval except for court orders related to the foreclosure
3case or court orders related to the property that were entered
4after the effective date of the order prohibiting recordation.
5The term "nonrecord claimant", for purposes of this Act, has
6the meaning ascribed to that term in Section 15-1210 of Code of
7Civil Procedure. The order shall expire on the date of the
8court order confirming the judicial sale of the property
9pursuant to a judgment of foreclosure unless renewed by order
10of the judge.
11    (c) Upon inspecting the order and making a determination
12that the order is valid and prevents any nonrecord claimants
13from recording an interest on the property without court
14approval, the recorder shall record the court's order as a
15separate document in the chain of title, after the notice of
16foreclosure. It is the responsibility of the plaintiff to
17attach any necessary exhibits to fulfill statutory recording
18requirements. The recorder may charge the standard and
19applicable recording fees at the time the order is presented
20for recording.
21    (d) If a court order has been recorded under this Section,
22a nonrecord claimant shall not record a document regarding the
23property that is the subject of the foreclosure action without
24a certified court order. A nonrecord claimant shall obtain a
25certified court order by filing a motion in the office of the
26clerk of the court in which the action is pending. The court

 

 

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1shall then issue a dated certified order indicating the type of
2document to be recorded, the person or entity authorized to
3record, the property index number of the property, and the case
4number of the foreclosure. The order must be presented in
5person to designated staff in the recorder's office along with
6the document to be recorded. The recorder shall not accept
7recordings subject to this Section by mail or electronic
8submission. A mechanics lien claimant, unit of government, or
9any duly appointed persons or entities acting as agents for a
10unit of government or judicial body shall not be required to
11obtain a certified court order in accordance with this
12subsection in order to record a document on the property that
13is the subject of a foreclosure action.
14    (e) The recorder is authorized to inspect the photo
15identification of any person attempting to record a document on
16a title that is subject to a court order under this Section and
17may deny recordation to any person who refuses to provide
18proper photo identification.
19    (f) Once the foreclosure is finalized and a new deed is
20issued, an official court order confirming the sale must be
21presented for inspection at the time of recordation of the deed
22as evidence of the expiration of the order prohibiting
23recordation.
24    (g) This Section does not apply to a mortgagee or its agent
25that recorded the lis pendens notice of foreclosure.
26    (h) If a document is recorded contrary to a court's order

 

 

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1and the recorder determines that the recorder's office is
2responsible for the error, the recorder shall notify in writing
3the person recording the document, if possible, and if after 30
4days' notice or 30 days after the recording when the recorder
5is unable to notify the filer and that person fails to obtain
6the certified order required under subsection (d), the recorder
7shall then record a new document clearly referencing the
8document number of the erroneous recording and indicating that
9it has been voided. If feasible, the recorder shall watermark
10the erroneous recording as voided using the word "voided".
11    (i) Except in cases of willful or wanton misconduct, the
12recorder, or any agent or employee of the recorder, is immune
13from any liability under this Section.
14    (j) The program implemented under this amendatory Act of
15the 99th General Assembly shall be considered a pilot program
16from January 1, 2016 to January 1, 2019. The recorder may end
17the pilot program earlier than January 1, 2019 by sending a
18certified letter to the Chief Judge of the county if the
19recorder determines that either workforce challenges or
20computer hardware or software limitations have prevented the
21effective implementation and operation of the program. The
22recorder shall enforce in good faith any frozen title requests
23initiated prior to cancelling the pilot program.
24    (k) This Section is repealed on January 1, 2019.".