093_SB0730eng

 
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 1        AN ACT in relation to civil procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 12-101 as follows:

 6        (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
 7        Sec.  12-101.   Lien  of  judgment.   With respect to the
 8    creation of liens on  real  estate  by  judgments,  all  real
 9    estate in the State of Illinois is divided into 2 classes.
10        The  first class consists of all real property, the title
11    to which is registered under "An Act concerning land titles",
12    approved May 1, 1897, as amended.
13        The second  class  consists  of  all  real  property  not
14    registered under "An Act concerning land titles".
15        As  to  real estate in class one, a judgment is a lien on
16    the real estate of the person against whom it is entered  for
17    the  same  period as in class two, when Section 85 of "An Act
18    concerning land titles", has been complied with.
19        As to real estate included within class two,  a  judgment
20    is a lien on the real estate of the person against whom it is
21    entered  in any county in this State, including the county in
22    which it  is  entered,  only  from  the  time  a  transcript,
23    certified  copy or memorandum of the judgment is filed in the
24    office of the recorder in the county in which the real estate
25    is located. The lien may be foreclosed by an  action  brought
26    in  the  name  of  the  judgment  creditor or its assignee of
27    record under Article XV in the same manner as a  mortgage  of
28    real  property,  except that the redemption period shall be 6
29    months from the date of sale and the  real  estate  homestead
30    exemption  under  Section  12-901  shall  apply.  A  judgment
31    resulting  from the entry of an order requiring child support
 
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 1    payments shall be a lien upon the real estate of  the  person
 2    obligated  to  make the child support payments, but shall not
 3    be  enforceable  in  any  county  of  this  State   until   a
 4    transcript,  certified  copy,  or  memorandum  of the lien is
 5    filed in the office of the recorder in the  county  in  which
 6    the real estate is located. Any lien hereunder arising out of
 7    an  order for support shall be a lien only as to and from the
 8    time that an installment or payment is due under the terms of
 9    the order.  Further, the order for support  shall  not  be  a
10    lien  on  real  estate  to  the  extent  of  payments made as
11    evidenced by the records of the Clerk of the Circuit Court or
12    State agency receiving payments pursuant to  the  order.   In
13    the  event  payments made pursuant to that order are not paid
14    to the Clerk of the Circuit Court or  a  State  agency,  then
15    each  lien  imposed  by  this  Section may be released in the
16    following manner:
17             (a)  A Notice of Filing  and  an  affidavit  stating
18        that  all  installments  of  child support required to be
19        paid pursuant to the order under which the lien or  liens
20        were  imposed  have  been  paid  shall  be filed with the
21        office of recorder in each county in which each such lien
22        appears of record, together with proof of service of such
23        notice and affidavit upon the recipient of such payments.
24             (b)  Service of such affidavit shall be by any means
25        authorized under Sections 2-203 and 2-208 of the Code  of
26        Civil  Procedure  or  under  Supreme  Court  Rules  11 or
27        105(b).
28             (c)  The Notice of Filing shall set forth  the  name
29        and  address  of  the  judgment  debtor  and the judgment
30        creditor, the court file number of the order giving  rise
31        to  the  judgment  and, in capital letters, the following
32        statement:
33        YOU  ARE  HEREBY  NOTIFIED  THAT  ON  (insert  date)  THE
34    ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF
 
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 1    .... COUNTY, ILLINOIS, WHOSE ADDRESS IS  ........,  ILLINOIS.
 2    IF,  WITHIN  28  DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO
 3    FILE AN AFFIDAVIT OBJECTING TO  THE  RELEASE  OF  THE  STATED
 4    JUDGMENT  LIEN  OR  LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT
 5    LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER  SUBJECT  TO
 6    FORECLOSURE.   THIS  RELEASE  OF  LIEN  WILL  NOT  ACT  AS  A
 7    SATISFACTION OF SUCH JUDGMENT.
 8             (d)  If no affidavit objecting to the release of the
 9        lien  or  liens  is  filed  within  28 days of the Notice
10        described in paragraph (c) of this Section such  lien  or
11        liens  shall  be  deemed  to  be  released  and no longer
12        subject to foreclosure.
13        A judgment is not a lien on real estate for longer than 7
14    years from the time it is  entered  or  revived,  unless  the
15    judgment  is  revived  within 7 years after its entry or last
16    revival and a memorandum of  judgment  is  filed  before  the
17    expiration of the prior memorandum of judgment.
18        When  a  judgment  is  revived  it  is a lien on the real
19    estate of the person against  whom  it  was  entered  in  any
20    county  in  this  State from the time a transcript, certified
21    copy or memorandum of the order of revival is  filed  in  the
22    office of the recorder in the county in which the real estate
23    is located.
24        A foreign judgment registered pursuant to Sections 12-601
25    through  12-618 of this Act is a lien upon the real estate of
26    the person against whom it was entered only from the time (1)
27    a certified copy of the verified petition for registration of
28    the foreign judgment or (2) a transcript, certified  copy  or
29    memorandum  of  the final judgment of the court of this State
30    entered on that foreign judgment is filed in  the  office  of
31    the  recorder  in  the  county  in  which  the real estate is
32    located. However, no such judgment shall be  a  lien  on  any
33    real estate registered under "An Act concerning land titles",
34    as  amended,  until  Section 85 of that Act has been complied
 
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 1    with.
 2        The  release  of  any  transcript,  certified   copy   or
 3    memorandum  of  judgment  or  order of revival which has been
 4    recorded shall be filed by the person receiving  the  release
 5    in the office of the recorder in which such judgment or order
 6    has been recorded.
 7        Such release shall contain in legible letters a statement
 8    as follows:
 9        FOR  THE  PROTECTION  OF THE OWNER, THIS RELEASE SHALL BE
10         FILED WITH THE  RECORDER  OR  THE  REGISTRAR  OF  TITLES
11            IN WHOSE OFFICE THE LIEN WAS FILED.
12        The  term  "memorandum"  as  used in this Section means a
13    memorandum or copy of the judgment signed by  a  judge  or  a
14    copy  attested  by  the  clerk  of  the court entering it and
15    showing the court in which entered, date, amount,  number  of
16    the  case in which it was entered, name of the party in whose
17    favor and name and last known address of  the  party  against
18    whom  entered.   If the address of the party against whom the
19    judgment was entered is not known, the memorandum or copy  of
20    judgment shall so state.
21        The  term "memorandum" as used in this Section also means
22    a memorandum or copy of a child support  order  signed  by  a
23    judge  or  a copy attested by the clerk of the court entering
24    it or a copy attested by the administrative body entering it.
25        This  Section  shall  not  be  construed  as  showing  an
26    intention of the legislature to create a  new  classification
27    of  real  estate,  but  shall  be  construed  as  showing  an
28    intention  of  the  legislature  to continue a classification
29    already existing.
30    (Source: P.A. 91-357, eff. 7-29-99; 92-817, eff. 8-21-02.)

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.