HB3636sam002 97TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 2/22/2012

09700HB3636sam002 LRB097 05212 AJO 61501 a

AMENDMENT TO HOUSE BILL 3636

AMENDMENT NO. ______. Amend House Bill 3636 on page 1, by replacing line 5 with the following:

"Sections 16 and 34 as follows:

(770 ILCS 60/16) (from Ch. 82, par. 16)

Sec. 16. No incumbrance upon land, created before or after the making of the contract for improvements under the provisions of this act, shall operate upon the building erected, or materials furnished until a lien in favor of the persons having done work or furnished material (hereinafter "lien creditor") shall have been satisfied, and upon any questions arising between incumbrancers and lien creditors, all previous incumbrances shall be preferred only to the extent of the value of the land at the time of making of the contract for improvements, but shall not be preferred to the value of any subsequent improvements, and each the lien creditor shall be preferred to the value of all the subsequent improvements erected on said premises, whether or not provided by the lien creditor, and the court shall ascertain by jury or otherwise, as the case may require, what proportion of the proceeds of any sale shall be paid to the several parties in interest. All incumbrances, whether by mortgage, judgment or otherwise, charged and shown to be fraudulent, in respect to creditors, may be set aside by the court, and the premises freed and discharged from such fraudulent incumbrance. When the proceeds of a sale are insufficient to satisfy the claims of both previous incumbrancers and lien creditors, the proceeds of the sale shall be distributed as follows: (i) any previous incumbrancers shall have a paramount lien in the portion of the proceeds attributable to the value of the land at the time of making of the contract for improvements; and (ii) any lien creditors shall have a paramount lien in the portion of the proceeds attributable to the value of all subsequent improvements made to the property.

(Source: Laws 1903, p. 230.)"; and

on page 1, below line 21, by inserting the following:

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