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Illinois Compiled Statutes
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CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/Art. XV Pt. 12
(735 ILCS 5/Art. XV Pt. 12 heading)
Part 12.
Definitions
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735 ILCS 5/15-1200.5 (735 ILCS 5/15-1200.5) Sec. 15-1200.5. Abandoned residential property. "Abandoned residential property" means residential real estate that: (a) either: (1) is not occupied by any mortgagor or lawful | | occupant as a principal residence; or
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| (2) contains an incomplete structure if the real
| | estate is zoned for residential development, where the structure is empty or otherwise uninhabited and is in need of maintenance, repair, or securing; and
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| (b) with respect to which either:
(1) two or more of the following conditions are shown
| | (A) construction was initiated on the property
| | and was discontinued prior to completion, leaving a building unsuitable for occupancy, and no construction has taken place for at least 6 months;
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| (B) multiple windows on the property are boarded
| | up or closed off or are smashed through, broken off, or unhinged, or multiple window panes are broken and unrepaired;
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| (C) doors on the property are smashed through,
| | broken off, unhinged, or continuously unlocked;
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| (D) the property has been stripped of copper or
| | other materials, or interior fixtures to the property have been removed;
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| (E) gas, electrical, or water services to the
| | entire property have been terminated;
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| (F) there exist one or more written statements of
| | the mortgagor or the mortgagor's personal representative or assigns, including documents of conveyance, which indicate a clear intent to abandon the property;
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| (G) law enforcement officials have received at
| | least one report of trespassing or vandalism or other illegal acts being committed at the property in the last 6 months;
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| (H) the property has been declared unfit for
| | occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;
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| (I) the local police, fire, or code enforcement
| | authority has requested the owner or other interested or authorized party to secure or winterize the property due to the local authority declaring the property to be an imminent danger to the health, safety, and welfare of the public;
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| (J) the property is open and unprotected and in
| | reasonable danger of significant damage due to exposure to the elements, vandalism, or freezing; or
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| (K) there exists other evidence indicating a
| | clear intent to abandon the property; or
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| (2) the real estate is zoned for residential
| | development and is a vacant lot that is in need of maintenance, repair, or securing.
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(Source: P.A. 97-1164, eff. 6-1-13 .)
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735 ILCS 5/15-1200.7 (735 ILCS 5/15-1200.7) Sec. 15-1200.7. Abandoned residential property; exceptions. A property shall not be considered abandoned residential property if: (i) there is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in substantial compliance with all applicable ordinances, codes, regulations, and laws; (ii) there is a building occupied on a seasonal basis, but otherwise secure; (iii) there is a secure building on which there are bona fide rental or sale signs; (iv) there is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute; or (v) there is a building that is otherwise secure and in substantial compliance with all applicable ordinances, codes, regulations, and laws.
(Source: P.A. 97-1164, eff. 6-1-13 .) |
735 ILCS 5/15-1201
(735 ILCS 5/15-1201) (from Ch. 110, par. 15-1201)
Sec. 15-1201. Agricultural Real Estate. "Agricultural real estate"
means real estate which is used primarily (i)
for the growing and harvesting of crops, (ii) for the feeding, breeding
and management of livestock, (iii) for dairying, or (iv) for any other agricultural
or horticultural use or combination thereof, including without limitation, aquaculture,
silviculture, and any other activities customarily engaged in by persons
engaged in the business of farming.
(Source: P.A. 95-331, eff. 8-21-07.)
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735 ILCS 5/15-1202
(735 ILCS 5/15-1202) (from Ch. 110, par. 15-1202)
Sec. 15-1202.
Collateral Assignment of Beneficial Interest.
"Collateral
assignment of beneficial interest" means any pledge or assignment of the
beneficial interest in a land trust to any person to secure a debt or other obligation.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1202.5 (735 ILCS 5/15-1202.5)
Sec. 15-1202.5. Dwelling unit. For the purposes of Sections 9-207.5, 15-1224, 15-1225, 15-1506, 15-1508, 15-1508.5, 15-1701, 15-1703, and 15-1704 only, "dwelling unit" means a room or suite of rooms providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life.
(Source: P.A. 97-575, eff. 8-26-11; 98-514, eff. 11-19-13.) |
735 ILCS 5/15-1203
(735 ILCS 5/15-1203) (from Ch. 110, par. 15-1203)
Sec. 15-1203.
Foreclosure.
"Foreclosure" means an action commenced
under this Article and "to foreclose" means to terminate legal and equitable
interests in real estate pursuant to a foreclosure.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1204
(735 ILCS 5/15-1204) (from Ch. 110, par. 15-1204)
Sec. 15-1204.
Guarantor.
"Guarantor" means any person who has
undertaken to pay any indebtedness or perform any obligation of a mortgagor
under a mortgage or of any other person who owes payment or the performance
of other obligations secured by the mortgage, which undertaking is made by
a guaranty or surety agreement of any kind.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1205
(735 ILCS 5/15-1205) (from Ch. 110, par. 15-1205)
Sec. 15-1205.
Land Trust.
"Land trust" means any trust arrangement
under which the legal and equitable title to real estate is held by a
trustee, the interest of the beneficiary of the trust is personal property
and the beneficiary or any person designated in writing by the beneficiary
has (i) the exclusive power to direct or control the trustee in dealing
with the title to the trust property, (ii) the exclusive control of the
management, operation, renting and selling of the trust property and (iii)
the exclusive right to the earnings, avails and proceeds of the trust property.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1206
(735 ILCS 5/15-1206) (from Ch. 110, par. 15-1206)
Sec. 15-1206. Mechanics' Lien. "Mechanics' lien" or "mechanics' lien
claim" means a lien or claim arising under the Mechanics
Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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735 ILCS 5/15-1207
(735 ILCS 5/15-1207) (from Ch. 110, par. 15-1207)
Sec. 15-1207.
Mortgage.
"Mortgage" means any consensual lien created
by a written instrument which grants or retains an interest in real estate
to secure a debt or other obligation. The term "mortgage" includes, without limitation:
(a) mortgages securing "reverse mortgage" loans as authorized by
subsection (a) of Section
5 of the Illinois Banking Act;
(b) mortgages securing "revolving credit" loans as authorized by
subsection (c) of Section
5 of the Illinois Banking Act, Section 1-6b of the Illinois Savings and
Loan Act and Section 46 of the Illinois Credit Union Act;
(c) every deed conveying real estate, although an absolute conveyance in
its terms, which shall have been intended only as a security in the nature
of a mortgage;
(d) equitable mortgages; and
(e) instruments which would have been deemed instruments in the nature
of a mortgage prior to the effective date of this amendatory Act of 1987.
(Source: P.A. 85-907.)
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735 ILCS 5/15-1208
(735 ILCS 5/15-1208) (from Ch. 110, par. 15-1208)
Sec. 15-1208.
Mortgagee.
"Mortgagee" means (i) the holder of an
indebtedness or obligee of a
non-monetary obligation secured by a mortgage or any person designated or
authorized to act on behalf of such holder and (ii) any person claiming
through a mortgagee as successor.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1209
(735 ILCS 5/15-1209) (from Ch. 110, par. 15-1209)
Sec. 15-1209.
Mortgagor.
"Mortgagor" means (i) the person whose
interest in the real estate is the subject of the mortgage and (ii) any
person claiming through a mortgagor as successor.
Where a mortgage is executed by a trustee of a land trust, the mortgagor
is the trustee and not the beneficiary or beneficiaries.
(Source: P.A. 85-907.)
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735 ILCS 5/15-1210
(735 ILCS 5/15-1210) (from Ch. 110, par. 15-1210)
Sec. 15-1210.
Nonrecord Claimant.
"Nonrecord claimant" means any
person (i) who has or claims to have an interest in mortgaged real estate,
(ii) whose name or interest, at the time a notice of foreclosure is
recorded in accordance with Section 15-1503, is not disclosed of record
either (1) by means of a recorded notice or (2) by means of a proceeding
which under the law as in effect at the time the foreclosure is commenced
would afford constructive notice of the existence of such interest and
(iii) whose interest falls in any of the following categories: (1) right of
homestead, (2) judgment creditor, (3) beneficial interest under any trust
other than the beneficial interest of a beneficiary of a trust in actual
possession of all or part of the real estate or (4) mechanics' lien claim.
Notwithstanding the foregoing, for the purpose of this Article no
proceeding shall be deemed to constitute constructive notice of the
interest of any nonrecord claimant in the mortgaged real estate unless in
the proceeding there is a legal description of the real estate sufficient
to identify it with reasonable certainty. The classification of any person
as a nonrecord claimant under the foregoing definition shall not be
affected by any actual notice or knowledge
of or attributable to the mortgagee.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1211
(735 ILCS 5/15-1211) (from Ch. 110, par. 15-1211)
Sec. 15-1211.
Notice of Foreclosure.
"Notice of foreclosure" means
the notice of a foreclosure which is made and recorded in accordance with
Section 15-1503 of this Article.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1212
(735 ILCS 5/15-1212) (from Ch. 110, par. 15-1212)
Sec. 15-1212.
Owner of Redemption.
"Owner of redemption" means a
mortgagor, or other owner or co-owner of the
mortgaged real estate.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1213
(735 ILCS 5/15-1213) (from Ch. 110, par. 15-1213)
Sec. 15-1213. Real Estate. "Real estate" means land or any estate or
interest in, over or under land (including minerals, air rights,
structures, fixtures and other things which by custom, usage or law pass
with a conveyance of land though not described or mentioned in the contract
of sale or instrument of conveyance). "Mortgaged real estate" means the
real estate which is the subject of a mortgage. "Real estate" includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
(Source: P.A. 98-749, eff. 7-16-14.)
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735 ILCS 5/15-1214
(735 ILCS 5/15-1214) (from Ch. 110, par. 15-1214)
Sec. 15-1214.
Real Estate Installment Contract.
"Real estate
installment contract" means any agreement or contract for a deed under
which the purchase price is to be paid in installments with title to the
real estate to be conveyed to the buyer upon payment of the purchase price
or a specified portion thereof. For the purpose of this definition, an
earnest money deposit shall not be considered an installment.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1215
(735 ILCS 5/15-1215) (from Ch. 110, par. 15-1215)
Sec. 15-1215.
Receiver.
"Receiver" means a receiver appointed
pursuant to Section 15-1704 of this Article.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1216
(735 ILCS 5/15-1216) (from Ch. 110, par. 15-1216)
Sec. 15-1216.
Recorder.
"Recorder" means (i) the Recorder
of the county in which the mortgaged real estate is located or (ii) if the
mortgaged real estate is registered under the Torrens Act, the Registrar of
Titles of the county in which the mortgaged real estate is located.
"Recorder" includes any authorized assistant or employee of the Recorder.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1217
(735 ILCS 5/15-1217) (from Ch. 110, par. 15-1217)
Sec. 15-1217. Recording of Instruments. "Recording of instruments"
or "to record" means to present to the Recorder a document, in recordable
form, which is to be recorded in accordance with Section 3-5024 of the Counties Code, together with the required recording fee. The Registrar of
Titles shall accept the filing of notices or affidavits required or
permitted by this Article without the necessity of the production of evidence of title.
(Source: P.A. 96-328, eff. 8-11-09.)
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735 ILCS 5/15-1218
(735 ILCS 5/15-1218) (from Ch. 110, par. 15-1218)
Sec. 15-1218.
Recorded Notice.
"Recorded notice" with respect to any
real estate means (i) any instrument filed in accordance with Sections
2-1901 or 12-101 of the Code of Civil Procedure or (ii) any
recorded instrument which
discloses (a) the names and
addresses of the persons making the claim or asserting the interest
described in the notice; (b) that such persons have or claim some interest
in or lien on the subject real estate; (c) the nature of the claim; (d) the
names of the persons against whom the claim is made; (e) a legal
description of the real estate sufficient to identify it with reasonable
certainty; (f) the name and address of the person executing the notice; and
(g) the name and address of the person preparing the notice.
(Source: P.A. 85-907.)
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735 ILCS 5/15-1219
(735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219)
Sec. 15-1219. Residential Real Estate. "Residential real estate"
means any real estate, except a single tract of agricultural real estate
consisting of more than 40 acres, which is improved with a single family
residence or residential condominium units or a multiple dwelling structure
containing single family dwelling units for six or fewer families living
independently of each other, which residence, or at least one of which
condominium or dwelling units, is occupied as a principal residence either
(i) if a mortgagor is an individual,
by that mortgagor, that mortgagor's spouse or that mortgagor's descendants,
or (ii) if a mortgagor is a trustee of a trust or an executor or
administrator of an estate, by a beneficiary of that trust or estate or by such
beneficiary's spouse or descendants or (iii) if a mortgagor is a
corporation, by persons owning collectively at least 50 percent of the
shares of voting stock of such corporation or by a spouse or descendants
of such persons.
The use of a portion of residential real estate for non-residential
purposes shall not affect the characterization of such real estate as
residential real estate. For purposes of the definition of the term "abandoned residential property" in Section 15-1200.5 of this Article, "abandoned residential property" shall not include the requirement that the real estate be occupied, or if zoned for residential development, improved with a dwelling structure.
(Source: P.A. 97-1164, eff. 6-1-13 .)
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735 ILCS 5/15-1220
(735 ILCS 5/15-1220) (from Ch. 110, par. 15-1220)
Sec. 15-1220.
Statutory Judgment Rate.
"Statutory judgment rate"
means the rate of interest on judgments specified in Section 2-1303 of the
Code of Civil Procedure.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1221
(735 ILCS 5/15-1221) (from Ch. 110, par. 15-1221)
Sec. 15-1221.
Unknown Owner.
"Unknown owner" means the same as
"unknown owner" as used in Section 2-413 of the Code of Civil Procedure.
(Source: P.A. 84-1462.)
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735 ILCS 5/15-1222
(735 ILCS 5/15-1222) (from Ch. 110, par. 15-1222)
Sec. 15-1222. Acts Referred to in this Article. Acts referred to by
name in this Article shall mean those Acts, as amended from time to time,
and, in particular:
(a) "Torrens Act" means "An act concerning land titles", approved May 1, 1897.
(b) (Blank).
(c) "Mechanics
Lien Act" means the Mechanics Lien Act, 770 ILCS 60/Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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735 ILCS 5/15-1223
(735 ILCS 5/15-1223)
Sec. 15-1223.
Occupant.
"Occupant" means a person in lawful physical
possession
of all or part of the mortgaged real estate.
(Source: P.A. 88-265.)
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735 ILCS 5/15-1224 (735 ILCS 5/15-1224) Sec. 15-1224. Bona fide lease. (a) For purposes of Sections 9-207.5, 15-1225, 15-1506, 15-1508, and 15-1701 of this Code only, the term "bona fide lease" means a lease of a dwelling unit in residential real estate in foreclosure for which: (1) the mortgagor or the child, spouse, or parent of | | the mortgagor is not the tenant;
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| (2) the lease was the result of an arms-length
| | (3) the lease requires the receipt of rent that is
| | not substantially less than fair market rent for the property or the rent is reduced or subsidized pursuant to a federal, State, or local subsidy; and
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| (4) either (i) the lease was entered into or renewed
| | on or before the date of the filing of the lis pendens on the residential real estate in foreclosure pursuant to Section 2-1901 of this Code or (ii) the lease was entered into or renewed after the date of the filing of the lis pendens on the residential real estate in foreclosure and before the date of the judicial sale of the residential real estate in foreclosure, and the term of the lease is for one year or less.
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| (b) A written lease for a term exceeding one year that is entered into or renewed after the date of the filing of the lis pendens on the residential real estate in foreclosure pursuant to Section 2-1901 of this Code and before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a term of one year.
(c) An oral lease entered into at any time before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a month-to-month term, unless the lessee proves by a preponderance of evidence that the oral lease is for a longer term. In no event shall an oral lease be deemed to be a bona fide lease for a term of more than one year.
(d) A written or oral lease entered into on or after the date of the judicial sale of the residential real estate in foreclosure and before the date of the court order confirming the judicial sale that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a month-to-month term.
(e) Notwithstanding paragraph (1) of subsection (a) of this Section, a child, spouse, or parent of the mortgagor may prove by a preponderance of evidence that a written or oral lease that otherwise meets the requirements of subsection (a) of this Section is a bona fide lease.
(Source: P.A. 98-514, eff. 11-19-13.)
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735 ILCS 5/15-1225 (735 ILCS 5/15-1225) Sec. 15-1225. Residential real estate in foreclosure. For purposes of Sections 9-207.5, 15-1224, 15-1506, 15-1508, and 15-1701 of this Code only, the term "residential real estate in foreclosure" means any real estate, except a single tract of agricultural real estate consisting of more than 40 acres, which is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for one or more families living independently of one another, for which an action to foreclose the real estate: (1) has commenced and is pending; (2) was pending when the bona fide lease was entered into or renewed; or (3) was commenced after the bona fide lease was entered into or renewed.
(Source: P.A. 98-514, eff. 11-19-13.) |
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