093_SB0730sam001











                                     LRB093 02918 DRJ 14117 a

 1                    AMENDMENT TO SENATE BILL 730

 2        AMENDMENT NO.     .  Amend Senate Bill 730  by  replacing
 3    everything after the enacting clause with the following:

 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,
 
                            -2-      LRB093 02918 DRJ 14117 a
 1    certified copy or memorandum of the judgment is filed in  the
 2    office of the recorder in the county in which the real estate
 3    is  located.  The lien may be foreclosed by an action brought
 4    in the name of the  judgment  creditor  or  its  assignee  of
 5    record  under  Article XV in the same manner as a mortgage of
 6    real property, except that the redemption period shall  be  6
 7    months  from  the  date of sale and the real estate homestead
 8    exemption  under  Section  12-901  shall  apply.  A  judgment
 9    resulting from the entry of an order requiring child  support
10    payments  shall  be a lien upon the real estate of the person
11    obligated to make the child support payments, but  shall  not
12    be   enforceable   in  any  county  of  this  State  until  a
13    transcript, certified copy, or  memorandum  of  the  lien  is
14    filed  in  the  office of the recorder in the county in which
15    the real estate is located. Any lien hereunder arising out of
16    an order for support shall be a lien only as to and from  the
17    time that an installment or payment is due under the terms of
18    the  order.   Further,  the  order for support shall not be a
19    lien on real  estate  to  the  extent  of  payments  made  as
20    evidenced by the records of the Clerk of the Circuit Court or
21    State  agency  receiving  payments pursuant to the order.  In
22    the event payments made pursuant to that order are  not  paid
23    to  the  Clerk  of  the Circuit Court or a State agency, then
24    each lien imposed by this Section  may  be  released  in  the
25    following manner:
26             (a)  A  Notice  of  Filing  and an affidavit stating
27        that all installments of child  support  required  to  be
28        paid  pursuant to the order under which the lien or liens
29        were imposed have been  paid  shall  be  filed  with  the
30        office of recorder in each county in which each such lien
31        appears of record, together with proof of service of such
32        notice and affidavit upon the recipient of such payments.
33             (b)  Service of such affidavit shall be by any means
34        authorized  under Sections 2-203 and 2-208 of the Code of
 
                            -3-      LRB093 02918 DRJ 14117 a
 1        Civil Procedure  or  under  Supreme  Court  Rules  11  or
 2        105(b).
 3             (c)  The  Notice  of Filing shall set forth the name
 4        and address of  the  judgment  debtor  and  the  judgment
 5        creditor,  the court file number of the order giving rise
 6        to the judgment and, in capital  letters,  the  following
 7        statement:
 8        YOU  ARE  HEREBY  NOTIFIED  THAT  ON  (insert  date)  THE
 9    ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF
10    ....  COUNTY,  ILLINOIS, WHOSE ADDRESS IS ........, ILLINOIS.
11    IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE,  YOU  FAIL  TO
12    FILE  AN  AFFIDAVIT  OBJECTING  TO  THE RELEASE OF THE STATED
13    JUDGMENT LIEN OR LIENS, IN THE ABOVE  OFFICE,  SUCH  JUDGMENT
14    LIEN  WILL  BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO
15    FORECLOSURE.   THIS  RELEASE  OF  LIEN  WILL  NOT  ACT  AS  A
16    SATISFACTION OF SUCH JUDGMENT.
17             (d)  If no affidavit objecting to the release of the
18        lien or liens is filed  within  28  days  of  the  Notice
19        described  in  paragraph (c) of this Section such lien or
20        liens shall be  deemed  to  be  released  and  no  longer
21        subject to foreclosure.
22        A judgment is not a lien on real estate for longer than 7
23    years  from  the  time  it  is entered or revived, unless the
24    judgment is revived within 7 years after its  entry  or  last
25    revival  and  a  memorandum  of  judgment is filed before the
26    expiration of the prior memorandum of judgment.
27        When a judgment is revived it  is  a  lien  on  the  real
28    estate  of  the  person  against  whom  it was entered in any
29    county in this State from the time  a  transcript,  certified
30    copy  or  memorandum  of the order of revival is filed in the
31    office of the recorder in the county in which the real estate
32    is located.
33        A foreign judgment registered pursuant to Sections 12-601
34    through 12-618 of this Act is a lien upon the real estate  of
 
                            -4-      LRB093 02918 DRJ 14117 a
 1    the person against whom it was entered only from the time (1)
 2    a certified copy of the verified petition for registration of
 3    the  foreign  judgment or (2) a transcript, certified copy or
 4    memorandum of the final judgment of the court of  this  State
 5    entered  on  that  foreign judgment is filed in the office of
 6    the recorder in the  county  in  which  the  real  estate  is
 7    located.  However,  no  such  judgment shall be a lien on any
 8    real estate registered under "An Act concerning land titles",
 9    as amended, until Section 85 of that Act  has  been  complied
10    with.
11        The   release   of  any  transcript,  certified  copy  or
12    memorandum of judgment or order of  revival  which  has  been
13    recorded  shall  be filed by the person receiving the release
14    in the office of the recorder in which such judgment or order
15    has been recorded.
16        Such release shall contain in legible letters a statement
17    as follows:
18        FOR THE PROTECTION OF THE OWNER, THIS  RELEASE  SHALL  BE
19         FILED  WITH  THE  RECORDER  OR  THE  REGISTRAR OF TITLES
20            IN WHOSE OFFICE THE LIEN WAS FILED.
21        The term "memorandum" as used in  this  Section  means  a
22    memorandum  or  copy  of  the judgment signed by a judge or a
23    copy attested by the clerk  of  the  court  entering  it  and
24    showing  the  court in which entered, date, amount, number of
25    the case in which it was entered, name of the party in  whose
26    favor  and  name  and last known address of the party against
27    whom entered.  If the address of the party against  whom  the
28    judgment  was entered is not known, the memorandum or copy of
29    judgment shall so state.
30        The term "memorandum" as used in this Section also  means
31    a  memorandum  or  copy  of a child support order signed by a
32    judge or a copy attested by the clerk of the  court  entering
33    it or a copy attested by the administrative body entering it.
34        This  Section  shall  not  be  construed  as  showing  an
 
                            -5-      LRB093 02918 DRJ 14117 a
 1    intention  of  the legislature to create a new classification
 2    of  real  estate,  but  shall  be  construed  as  showing  an
 3    intention of the legislature  to  continue  a  classification
 4    already existing.
 5    (Source: P.A. 91-357, eff. 7-29-99; 92-817, eff. 8-21-02.)

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