SB0201sam001 103RD GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 3/17/2023

 

 


 

 


 
10300SB0201sam001LRB103 26085 LNS 57758 a

1
AMENDMENT TO SENATE BILL 201

2    AMENDMENT NO. ______. Amend Senate Bill 201 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 and by adding Section 15-1515 as
6follows:
 
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
10initiated by complaint or counterclaim, made in accordance
11with this Section and recorded in the county in which the
12mortgaged real estate is located shall be constructive notice
13of the pendency of the foreclosure to every person claiming an
14interest in or lien on the mortgaged real estate, whose
15interest or lien has not been recorded prior to the recording
16of such notice of foreclosure. Such notice of foreclosure must

 

 

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1be executed by any party or any party's attorney and shall
2include (i) the names of all plaintiffs and the case number,
3(ii) the court in which the action was brought, (iii) the names
4of title holders of record, (iv) a legal description of the
5real estate sufficient to identify it with reasonable
6certainty, (v) a common address or description of the location
7of the real estate and (vi) identification of the mortgage
8sought to be foreclosed. An incorrect common address or
9description of the location, or an immaterial error in the
10identification of a plaintiff or title holder of record, shall
11not invalidate the lis pendens effect of the notice under this
12Section. A notice which complies with this Section shall be
13deemed to comply with Section 2-1901 of the Code of Civil
14Procedure and shall have the same effect as a notice filed
15pursuant to that Section; however, a notice which complies
16with Section 2-1901 shall not be constructive notice unless it
17also complies with the requirements of this Section.
18    (b) (Blank). With respect to residential real estate, a
19copy of the notice of foreclosure described in subsection (a)
20of Section 15-1503 shall be sent by first class mail, postage
21prepaid, to the municipality within the boundary of which the
22mortgaged real estate is located, or to the county within the
23boundary of which the mortgaged real estate is located if the
24mortgaged real estate is located in an unincorporated
25territory. A municipality or county must clearly publish on
26its website a single address to which such notice shall be

 

 

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

 

 

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1notice by certified mail, return receipt requested, or by
2private carrier that provides proof of delivery, and tender
3the return receipt or the proof of delivery to the court. After
4proof of delivery is tendered to the court, the court shall
5lift 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
11foreclosure action is filed with the court.
12    "COVID-19 emergency and economic recovery period" means
13the period beginning on March 9, 2020, when the Governor
14issued the first disaster proclamation for the State to
15address the circumstances related to COVID-19 and ending on
16December 31, 2021.
17    (b) The court may seal the file, upon motion of a
18mortgagor, of any foreclosure action filed during the COVID-19
19emergency and economic recovery period if the action was not
20subject to the moratoria enacted by the Federal National
21Mortgage Association, the Federal Home Loan Mortgage
22Corporation, the Federal Housing Administration, or the
23Department of Veterans Affairs. If an action was filed during
24the COVID-19 emergency and economic recovery period because it
25qualified under an exception to one of the above moratoria,

 

 

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1the action is not subject to being sealed under this Section.
2If a residential eviction action filed during the COVID-19
3emergency and economic recovery period is pending on the
4effective date of this amendatory Act of the 103rd General
5Assembly and is not sealed, the court shall order the sealing
6of the court file.
7    (c) This Section applies to any action to foreclose a
8mortgage relating to: (i) residential real estate as defined
9in Section 15-1219; and (ii) real estate improved with a
10dwelling structure containing dwelling units for 6 or fewer
11families living independently of each other in which the
12mortgagor is a natural person landlord renting the dwelling
13units, even if the mortgagor does not occupy any of the
14dwelling 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
17becoming law.".