Illinois General Assembly - Full Text of SB0169
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Full Text of SB0169  101st General Assembly


Sen. John G. Mulroe

Filed: 2/27/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 169 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing Section 15-1503 as follows:
6    (735 ILCS 5/15-1503)  (from Ch. 110, par. 15-1503)
7    Sec. 15-1503. Notice of Foreclosure.
8    (a) A notice of foreclosure, whether the foreclosure is
9initiated by complaint or counterclaim, made in accordance with
10this Section and recorded in the county in which the mortgaged
11real estate is located shall be constructive notice of the
12pendency of the foreclosure to every person claiming an
13interest in or lien on the mortgaged real estate, whose
14interest or lien has not been recorded prior to the recording
15of such notice of foreclosure. Such notice of foreclosure must
16be executed by any party or any party's attorney and shall



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1include (i) the names of all plaintiffs and the case number,
2(ii) the court in which the action was brought, (iii) the names
3of title holders of record, (iv) a legal description of the
4real estate sufficient to identify it with reasonable
5certainty, (v) a common address or description of the location
6of the real estate and (vi) identification of the mortgage
7sought to be foreclosed. An incorrect common address or
8description of the location, or an immaterial error in the
9identification of a plaintiff or title holder of record, shall
10not invalidate the lis pendens effect of the notice under this
11Section. A notice which complies with this Section shall be
12deemed to comply with Section 2-1901 of the Code of Civil
13Procedure and shall have the same effect as a notice filed
14pursuant to that Section; however, a notice which complies with
15Section 2-1901 shall not be constructive notice unless it also
16complies with the requirements of this Section.
17    (b) With respect to residential real estate, a copy of the
18notice of foreclosure described in subsection (a) of Section
1915-1503 shall be sent by first class mail, postage prepaid, to
20the municipality within the boundary of which the mortgaged
21real estate is located, or to the county within the boundary of
22which the mortgaged real estate is located if the mortgaged
23real estate is located in an unincorporated territory. A
24municipality or county must clearly publish on its website a
25single address to which such notice shall be sent. If a
26municipality or county does not maintain a website, then the



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1municipality or county must publicly post in its main office a
2single address to which such notice shall be sent. In the event
3that a municipality or county has not complied with the
4publication requirement in this subsection (b), then the copy
5of the notice to the municipality or county shall be sent by
6first class mail, postage prepaid, to the chairperson of the
7county board or county clerk in the case of a county, to the
8mayor or city clerk in the case of a city, to the president of
9the board of trustees or village clerk in the case of a
10village, or to the president or town clerk in the case of a
11town. Additionally, if the real estate is located in a city
12with a population of more than 2,000,000, regardless of whether
13that city has complied with the publication requirement in this
14subsection (b), the party must, within 10 days after filing the
15complaint or counterclaim: (i) send by first class mail,
16postage prepaid, a copy of the notice of foreclosure to the
17alderman for the ward in which the real estate is located and
18(ii) file an affidavit with the court attesting to the fact
19that the notice was sent to the alderman for the ward in which
20the real estate is located. The failure to send a copy of the
21notice to the alderman or to file an affidavit as required
22shall result in a stay of the foreclosure action on a motion of
23a party or the court. If the foreclosure action has been stayed
24by an order of the court, the plaintiff or the plaintiff's
25representative shall send the notice by certified mail, return
26receipt requested, or by private carrier that provides proof of



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1delivery, and tender the return receipt or the proof of
2delivery to the court. After proof of delivery is tendered to
3the court, the court shall lift the stay of the foreclosure
4action. results in the dismissal without prejudice of the
5complaint or counterclaim on a motion of a party or the court.
6If, after the complaint or counterclaim has been dismissed
7without prejudice, the party refiles the complaint or
8counterclaim, then the party must again comply with the
9requirements that the party send by first class mail, postage
10prepaid, the notice to the alderman for the ward in which the
11real estate is located and file an affidavit attesting to the
12fact that the notice was sent.
13(Source: P.A. 96-856, eff. 3-1-10; 97-1164, eff. 6-1-13.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".