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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 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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