Full Text of HB5665 97th General Assembly
HB5665eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning foreclosure.
| 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 adding | 5 | | Sections 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 | 8 | | title. | 9 | | (a) A person commits false representation concerning title | 10 | | to real estate when he or she knowingly as part of any | 11 | | transaction 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 | 8 | | described by paragraph (1), (2), or (3) of subsection (a) is a | 9 | | Class 4 felony. | 10 | | (735 ILCS 5/15-1109 new) | 11 | | Sec. 15-1109. Pattern of false representation concerning | 12 | | real estate title. | 13 | | (a) A person commits a pattern of making false | 14 | | representations concerning title to real estate when he or she | 15 | | knowingly, as part of any transaction or legal proceedings | 16 | | pursuant to this Article XV, commits one or more violations of | 17 | | paragraph (1), (2), or (3) of Section 15-1108 in 2 or more | 18 | | transactions: | 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 | 3 | | title to real estate described in subsection (a) is a Class 3 | 4 | | felony. | 5 | | (735 ILCS 5/15-1110 new) | 6 | | Sec. 15-1110. Civil action for false representation | 7 | | concerning real estate title. | 8 | | (a) In addition to the criminal penalties imposed for a | 9 | | violation of Section 15-1108 or 15-1109, any person who | 10 | | violates Section 15-1108 or 15-1109 is subject to a civil | 11 | | penalty of not more than $5,000 for each violation. This | 12 | | penalty is recoverable in a civil action, brought in the name | 13 | | of the State by the Attorney General, in the circuit court in | 14 | | the county in which the real estate is located. In such an | 15 | | action, the Attorney General may recover reasonable attorney's | 16 | | fees and costs. | 17 | | (b) Except as otherwise provided in this subsection, the | 18 | | owner or holder of the beneficial interest in real estate which | 19 | | is the subject of a false representation concerning title may | 20 | | bring a civil action in the circuit court in the county in | 21 | | which the real estate is located to recover any damages | 22 | | suffered by the owner or holder of the beneficial interest plus | 23 | | reasonable attorney's fees and costs. The owner or holder of | 24 | | the beneficial interest in the real estate must, before | 25 | | bringing a civil action pursuant to this subsection, send a |
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| 1 | | written request by first class mail to the person who made the | 2 | | false representation requesting that the person record a | 3 | | document which corrects the false representation. If the person | 4 | | records such a document not later than 20 days after the date | 5 | | of the written request, the owner or holder of the beneficial | 6 | | interest may not bring a civil action pursuant to this | 7 | | subsection.
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