HB0967 96TH GENERAL ASSEMBLY

LRB096 10686 AJO 20860 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0967

Introduced 2/10/2009, by Rep. LaShawn K. Ford

SYNOPSIS AS INTRODUCED:

735 ILCS 5/15-1503

from Ch. 110, par. 15-1503

Amends the Code of Civil Procedure. Provides that in a foreclosure action while the municipality within which the property is located shall not be joined as a party unless joined under other provisions of the Code, the municipality shall be added to the service list in the foreclosure action and all parties shall provide the clerk of the municipality with a copy of any document or notice filed in the foreclosure action. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Code of Civil Procedure is amended by changing Section 15-1503 as follows:

(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)

Sec. 15-1503. Notice of Foreclosure. A notice of foreclosure, whether the foreclosure is initiated by complaint or counterclaim, made in accordance with this Section and recorded in the county in which the mortgaged real estate is located shall be constructive notice of the pendency of the foreclosure to every person claiming an interest in or lien on the mortgaged real estate, whose interest or lien has not been recorded prior to the recording of such notice of foreclosure. While the municipality within which the property is located shall not be joined as a party unless joined under other provisions of this Article, the municipality shall be added to the service list in the foreclosure action and all parties shall provide the clerk of the municipality with a copy of any document or notice filed in the foreclosure action. Such notice of foreclosure must be executed by any party or any party's attorney and shall include (i) the names of all plaintiffs and the case number, (ii) the court in which the action was brought, (iii) the names of title holders of record, (iv) a legal description of the real estate sufficient to identify it with reasonable certainty, (v) a common address or description of the location of the real estate and (vi) identification of the mortgage sought to be foreclosed. An incorrect common address or description of the location, or an immaterial error in the identification of a plaintiff or title holder of record, shall not invalidate the lis pendens effect of the notice under this Section. A notice which complies with this Section shall be deemed to comply with Section 2-1901 of the Code of Civil Procedure and shall have the same effect as a notice filed pursuant to that Section; however, a notice which complies with Section 2-1901 shall not be constructive notice unless it also complies with the requirements of this Section.

(Source: P.A. 86-974.)

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