Full Text of SB0201 103rd General Assembly
SB0201sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 3/17/2023
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| 1 | | AMENDMENT TO SENATE BILL 201
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 201 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 15-1503 and by adding Section 15-1515 as | 6 | | follows:
| 7 | | (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
| 8 | | Sec. 15-1503. Notice of foreclosure. | 9 | | (a) A notice of foreclosure, whether
the foreclosure is | 10 | | initiated by complaint or
counterclaim, made in accordance | 11 | | with this Section and recorded in the
county in which the | 12 | | mortgaged real estate is located shall be constructive
notice | 13 | | of the pendency of the foreclosure to every person claiming an
| 14 | | interest in or lien on the mortgaged real estate, whose | 15 | | interest or lien
has not been recorded prior to the recording | 16 | | of such notice of foreclosure.
Such notice of foreclosure must |
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| 1 | | be executed by any party or any party's
attorney and shall | 2 | | include (i) the names of all plaintiffs and the case
number, | 3 | | (ii) the court in which the action was brought, (iii) the names | 4 | | of
title holders of record, (iv) a legal description of the | 5 | | real estate
sufficient to identify it with reasonable | 6 | | certainty, (v) a common address
or description of the location | 7 | | of the real estate and (vi) identification
of the mortgage | 8 | | sought to be foreclosed. An incorrect common address or
| 9 | | description of the location, or an immaterial error in the | 10 | | identification
of a plaintiff or title holder of record, shall | 11 | | not invalidate the lis
pendens effect of the notice under this | 12 | | Section.
A notice which complies with this Section shall be | 13 | | deemed to comply with
Section 2-1901 of the Code of Civil
| 14 | | Procedure and shall have the same effect as a notice filed | 15 | | pursuant to
that Section; however, a notice which complies | 16 | | with Section 2-1901 shall
not be constructive notice unless it | 17 | | also complies with the requirements of
this Section.
| 18 | | (b) (Blank). With respect to residential real estate, a | 19 | | copy of the notice of foreclosure described in subsection (a) | 20 | | of Section 15-1503 shall be sent by first class mail, postage | 21 | | prepaid, to the municipality within the boundary of which the | 22 | | mortgaged real estate is located, or to the county within the | 23 | | boundary of which the mortgaged real estate is located if the | 24 | | mortgaged real estate is located in an unincorporated | 25 | | territory. A municipality or county must clearly publish on | 26 | | its website a single address to which such notice shall be |
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| 1 | | sent. If a municipality or county does not maintain a website, | 2 | | then the municipality or county must publicly post in its main | 3 | | office a single address to which such notice shall be sent. In | 4 | | the event that a municipality or county has not complied with | 5 | | the publication requirement in this subsection (b), then the | 6 | | copy of the notice to the municipality or county shall be sent | 7 | | by first class mail, postage prepaid, to the chairperson of | 8 | | the county board or county clerk in the case of a county, to | 9 | | the mayor or city clerk in the case of a city, to the president | 10 | | of the board of trustees or village clerk in the case of a | 11 | | village, or to the president or town clerk in the case of a | 12 | | town. Additionally, if the real estate is located in a city | 13 | | with a population of more than 2,000,000, regardless of | 14 | | whether that city has complied with the publication | 15 | | requirement in this subsection (b), the party must, within 10 | 16 | | days after filing the complaint or counterclaim: (i) send by | 17 | | first class mail, postage prepaid, a copy of the notice of | 18 | | foreclosure to the alderperson for the ward in which the real | 19 | | estate is located and (ii) file an affidavit with the court | 20 | | attesting to the fact that the notice was sent to the | 21 | | alderperson for the ward in which the real estate is located. | 22 | | The failure to send a copy of the notice to the alderperson or | 23 | | to file an affidavit as required shall result in a stay of the | 24 | | foreclosure action on a motion of a party or the court. If the | 25 | | foreclosure action has been stayed by an order of the court, | 26 | | the plaintiff or the plaintiff's representative shall send the |
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| 1 | | notice by certified mail, return receipt requested, or by | 2 | | private carrier that provides proof of delivery, and tender | 3 | | the return receipt or the proof of delivery to the court. After | 4 | | proof of delivery is tendered to the court, the court shall | 5 | | lift the stay of the foreclosure action. | 6 | | (Source: P.A. 101-399, eff. 8-16-19; 102-15, eff. 6-17-21.)
| 7 | | (735 ILCS 5/15-1515 new) | 8 | | Sec. 15-1515. COVID-19 emergency sealing of court file. | 9 | | (a) As used in this Section: | 10 | | "Court file" means the court file created when a | 11 | | foreclosure action is filed with the court. | 12 | | "COVID-19 emergency and economic recovery period" means | 13 | | the period beginning on March 9, 2020, when the Governor | 14 | | issued the first disaster proclamation for the State to | 15 | | address the circumstances related to COVID-19 and ending on | 16 | | December 31, 2021. | 17 | | (b) The court may seal the file, upon motion of a | 18 | | mortgagor, of any foreclosure action filed during the COVID-19 | 19 | | emergency and economic recovery period if the action was not | 20 | | subject to the moratoria enacted by the Federal National | 21 | | Mortgage Association, the Federal Home Loan Mortgage | 22 | | Corporation, the Federal Housing Administration, or the | 23 | | Department of Veterans Affairs. If an action was filed during | 24 | | the COVID-19 emergency and economic recovery period because it | 25 | | qualified under an exception to one of the above moratoria, |
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| 1 | | the action is not subject to being sealed under this Section. | 2 | | If a residential eviction action filed during the COVID-19 | 3 | | emergency and economic recovery period is pending on the | 4 | | effective date of this amendatory Act of the 103rd General | 5 | | Assembly and is not sealed, the court shall order the sealing | 6 | | of the court file. | 7 | | (c) This Section applies to any action to foreclose a | 8 | | mortgage relating to: (i) residential real estate as defined | 9 | | in Section 15-1219; and (ii) real estate improved with a | 10 | | dwelling structure containing dwelling units for 6 or fewer | 11 | | families living independently of each other in which the | 12 | | mortgagor is a natural person landlord renting the dwelling | 13 | | units, even if the mortgagor does not occupy any of the | 14 | | dwelling units as the mortgagor's personal residence. | 15 | | (d) This Section is repealed on June 1, 2025.
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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