(735 ILCS 5/13-207) (from Ch. 110, par. 13-207)
Sec. 13-207. Counterclaim or set-off. A defendant may plead
a set-off or counterclaim barred by
the statute of limitation or the statute of repose, while held and owned by him or her, to any action,
the cause of which was owned by the plaintiff or person under whom he
or she claims, before such set-off or counterclaim was so barred, and not
otherwise. This section shall not affect the right of a bona
fide assignee of a negotiable instrument assigned before due. The changes made to this Section by this amendatory Act of the 102nd General Assembly apply to claims initiated on or after the effective date of this amendatory Act of the 102nd General Assembly and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period.
(Source: P.A. 102-908, eff. 5-27-22.)
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(735 ILCS 5/13-208) (from Ch. 110, par. 13-208)
Sec. 13-208.
Absence from State.
(a) If, when the cause of action accrues
against a person, he or she is out of
the state, the action may be commenced within the times herein limited,
after his or her coming into or return to the state; and if, after the cause of
action accrues, he or she departs from and resides out of the state, the time
of his or her absence is no part of the time limited for the commencement of
the action.
(b) For purposes of subsection (a) of this
Section no person shall be considered to be out of the State or to have
departed from the State or to reside outside of the State during any
period when he or she is subject to the jurisdiction of the courts of this
State with respect to that cause of action pursuant to Sections 2-208 and
2-209 of this Act, Section 10-301 of "The Illinois Vehicle
Code", Section 5.25 of the "Business Corporation Act of 1983", or any other
statute authorizing service of process which would subject that person
to the jurisdiction of the courts of this State. If a person files an
action in a court of this State and attempts to secure service of
process upon a defendant pursuant to a statute referred to in the
preceding sentence, but does not obtain service of process upon such
defendant, such defendant shall not be considered to be subject to the
jurisdiction of the courts of this State at the time such action was
filed, for purposes of the preceding sentence of this section.
This subsection (b) of Section 13-208 of this Act shall
apply only to actions commenced after October 1, 1973.
(Source: P.A. 83-1362.)
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(735 ILCS 5/13-209) (from Ch. 110, par. 13-209)
Sec. 13-209.
Death of party.
(a) If a person entitled to bring an
action dies before the
expiration of the time limited for the commencement thereof, and the
cause of action survives:
(1) an action may be commenced by his or her | ||
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(2) if no petition for letters of office for the | ||
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(b) If a person against whom an
action may be brought dies before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred:
(1) an action may be commenced against his or her | ||
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(2) if no petition has been filed for letters of | ||
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(c) If a party commences an action against a deceased person whose
death is unknown to the party before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred, the action may be commenced against the deceased person's
personal representative if all of the following terms and conditions are met:
(1) After learning of the death, the party proceeds | ||
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(2) The party proceeds with reasonable diligence to | ||
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(3) If process is served more than 6 months after the | ||
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(4) In no event can a party commence an action under | ||
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(Source: P.A. 90-111, eff. 7-14-97.)
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(735 ILCS 5/13-210) (from Ch. 110, par. 13-210)
Sec. 13-210.
Foreign limitation.
When a cause of action has arisen in a
state or territory
out of this State, or in a foreign country, and, by the laws thereof, an
action thereon cannot be maintained by reason of the lapse of time, an
action thereon shall not be maintained in this State.
(Source: P.A. 83-707.)
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(735 ILCS 5/13-211) (from Ch. 110, par. 13-211)
Sec. 13-211. Minors and persons under legal disability. (a) If the person
entitled to bring an action, specified in Sections 13-201 through 13-210
of this Code, at the time the cause of action accrued, is under the age of
18 years or is under a legal disability, then he or she may bring the
action within 2 years after the person attains the age of 18 years, or the
disability is removed. (b) If the person
entitled to bring an action specified under Sections 13-201 through 13-210
of this Code is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (b) does not invalidate any statute of repose provisions contained in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
this Code. In no event shall the period of limitations for a
cause of action under Section 13-205 or 13-206 of this Code be
stayed in excess of 10 years from the date of the adjudication
of legal disability. This subsection (b) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1077, eff. 1-1-15.)
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(735 ILCS 5/13-212) (from Ch. 110, par. 13-212)
Sec. 13-212. Physician or hospital.
(a) Except as provided in Section
13-215 of this Act, no action for damages for injury or death against any
physician, dentist, registered nurse or hospital duly licensed under
the laws of this State, whether based upon tort, or breach of contract, or
otherwise, arising out of patient care shall be brought more than 2 years
after the date on which the claimant knew, or through the use of reasonable
diligence should have known, or received notice in writing of the existence
of the injury or death for which damages are sought in the action,
whichever of such date occurs first, but in no event shall such action be
brought more than 4 years after the date on which occurred the act or
omission or occurrence alleged in such action to have been the cause of
such injury or death.
(b) Except as provided in Section 13-215 of this Act, no action for
damages for injury or death against any physician, dentist, registered
nurse or hospital duly licensed under the laws of this State, whether based
upon tort, or breach of contract, or otherwise, arising out of patient care
shall be brought more than 8 years after the date on which
occurred the act or omission or occurrence alleged in such action to have
been the cause of such injury or death where the person entitled to bring
the action was, at the time the cause of action accrued, under the age of
18 years; provided, however, that in no event may the cause of action be
brought after the person's 22nd birthday. If the person was under the age
of 18 years when the cause of action accrued and, as a result of this
amendatory Act of 1987, the action is either barred or there remains less
than 3 years to bring such action, then he or she may bring the action
within 3 years of July 20, 1987.
(c) If the person entitled to bring an action
described in this Section is, at the time the cause
of action accrued, under a legal disability other than being under
the age of 18 years, then the period of limitations does
not begin to run until the disability is removed. (d) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (d) does not invalidate any statute of repose provisions contained in this Section. This subsection (d) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1077, eff. 1-1-15.)
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(735 ILCS 5/13-213) (from Ch. 110, par. 13-213)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability; statute of repose.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
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(2) "Product" means any tangible object or goods | ||
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(3) "Product liability action" means any action based | ||
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(4) "Seller" means one who, in the course of a | ||
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on any theory or doctrine shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on any theory or doctrine to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
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(2) the action commenced within the applicable | ||
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(3) when the injury or damage is claimed to have | ||
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on any theory or
doctrine to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(h) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
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(2) "Product" means any tangible object or goods | ||
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(3) "Product liability action" means any action based | ||
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(4) "Seller" means one who, in the course of a | ||
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on the doctrine of strict
liability in tort shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on the doctrine of strict
liability in tort to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
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(2) the action commenced within the applicable | ||
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(3) when the injury or damage is claimed to have | ||
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on the
doctrine of
strict liability in tort to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(Source: P.A. 85-907; 86-1329.)
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(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
Sec. 13-214. Construction; design management and supervision. As used
in this Section, "person" means any individual, any business or legal entity,
or any body politic.
(a) Actions based upon tort, contract or otherwise against any person
for an act or omission of such person in the design, planning, supervision,
observation or management of construction, or construction of an
improvement to real property shall be commenced within 4 years from the
time the person bringing an action, or his or her privity, knew or should
reasonably have known of such act or omission. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be brought against
any person for an act or omission of such person in the design, planning,
supervision, observation or management of construction, or construction
of an improvement to real property after 10 years have elapsed from the
time of such act or omission. However, any person who discovers such act or
omission prior to expiration of 10 years from the time of such act or
omission shall in no event have less than 4 years to bring an action as
provided in subsection (a) of this Section. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could not have
brought such action within the limitation periods herein solely because
such person was under the age of 18 years, or a person with a developmental
disability or a person with mental illness, then the limitation periods herein
shall not begin to run until the person attains the age of 18 years, or the
disability is removed.
(d) Subsection (b) shall not prohibit any action against a defendant who
has expressly warranted or promised the improvement to real property for
a longer period from being brought within that period.
(e) The limitations of this Section shall not apply to causes of action
arising out of fraudulent misrepresentations or to fraudulent concealment
of causes of action.
(f) Subsection (b) does not apply to an action that is based on personal
injury, disability, disease, or death resulting from the discharge into the
environment of asbestos.
(Source: P.A. 100-201, eff. 8-18-17.)
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(735 ILCS 5/13-214.1) (from Ch. 110, par. 13-214.1)
Sec. 13-214.1. Action for damages involving criminal
acts. (a) Actions for damages for an injury described in Section 13-202
or Section 13-203 arising out of first degree murder or the commission of
a Class X felony
by the person against whom the action is brought may be commenced no later
than 10 years after the person who inflicted such injury has completed his
or her sentence therefor.
(b) For an action for damages arising out of: theft of property exceeding $100,000 in value under Section 16-1 of the Criminal Code of 2012; identity theft under subsection (a) of Section 16-30 of the Criminal Code of 2012; aggravated identity theft under subsection (b) of Section 16-30 of the Criminal Code of 2012; financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 2012; or any offense set forth in Article 16H or Section 17-10.6 of the Criminal Code of 2012, the action may be commenced within 10 years of the last act committed in furtherance of the crime. However, if any other provision of law provides for a longer limitation period, then the longer limitation period applies.(Source: P.A. 101-136, eff. 7-26-19.)
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(735 ILCS 5/13-214.2) (from Ch. 110, par. 13-214.2)
Sec. 13-214.2.
(a) Actions based upon tort, contract or otherwise
against any person, partnership or corporation registered pursuant to the
Illinois Public Accounting Act, as amended, or any of its employees,
partners, members, officers or shareholders, for an act or omission in the
performance of professional services shall be commenced within 2 years from
the time the person bringing an action knew or should reasonably have known
of such act or omission.
(b) In no event shall such action be brought more than 5 years after the
date on which occurred the act or omission alleged in such action to have
been the cause of the injury to the person bringing such action against a
public accountant. Provided, however, that in the event that an income tax
assessment is made or criminal prosecution is brought against a person,
that person may bring an action against the public accountant who prepared
the tax return within two years from the date of the assessment or
conclusion of the prosecution.
(c) If a person entitled to bring the action is, at the time the cause
of action accrues, under the age of 18, or under a legal disability,
the period of limitations shall not begin to run until the disability
is removed.
(d) This Section shall apply to all causes of action which accrue on or
after its effective date.
(Source: P.A. 85-655; 86-1329.)
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(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
Sec. 13-214.3. Attorneys.
(a) In this Section: "attorney" includes (i) an individual attorney,
together with his or her employees who are attorneys, (ii) a professional
partnership of attorneys, together with its employees, partners, and
members who are attorneys, and (iii) a professional service corporation of
attorneys, together with its employees, officers, and shareholders who are
attorneys; and "non-attorney employee" means a person who is not an
attorney but is employed by an attorney.
(b) An action for damages based on tort, contract, or otherwise (i)
against an attorney arising out of an act or omission in the performance of
professional services or (ii) against a non-attorney employee arising out
of an act or omission in the course of his or her employment by an attorney
to assist the attorney in performing professional services
must be commenced within 2 years from
the time the person bringing the action knew or reasonably should have
known of the injury for which damages are sought.
(c) Except as provided in subsection (d), an action described in
subsection (b) may not be commenced in any event more than 6 years after
the date on which the act or omission occurred.
(d) When the injury caused by the act or omission does not
occur until
the death of the person for whom the professional services were rendered,
the action may be commenced within 2 years after the date of the person's
death unless letters of office are issued or the person's will is admitted
to probate within that 2 year period, in which case the action must be
commenced within the time for filing claims against the estate or a
petition contesting the validity of the will of the deceased person,
whichever is later, as provided in the Probate Act of 1975. An action may not be commenced in any event more than 6 years after the date the professional services were performed.
(e) If the person entitled to bring the action is under the age of
majority or under other legal disability at the time the cause of action
accrues, the period of limitations shall not begin to run until majority is
attained or the disability is removed. (f) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (f) does not invalidate any statute of repose provisions contained in this Section. This subsection (f) applies to actions commenced or pending on or after January 1, 2015 (the effective date of Public Act 98-1077).
(g) This Section applies to any cause of action, regardless of the date the cause of action arises. This Section, however, does not bar the filing of an action based on the performance of professional services before the effective date of this amendatory Act of the 102nd General Assembly if the action is timely filed under the version of this Section in effect on January 1, 2021, and is filed within a reasonable period, not to exceed 6 years, after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-377, eff. 1-1-22.)
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(735 ILCS 5/13-214.4)
Sec. 13-214.4.
Actions against insurance producers, limited insurance
representatives, and registered firms. All causes of action brought by any
person or entity under any statute or any legal or equitable theory against an
insurance producer, registered firm, or limited insurance representative
concerning the sale, placement, procurement, renewal, cancellation of, or
failure to procure any policy of insurance shall be brought within 2 years of
the date the cause of action accrues.
(Source: P.A. 89-152, eff. 1-1-96.)
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(735 ILCS 5/13-215) (from Ch. 110, par. 13-215)
Sec. 13-215.
Fraudulent concealment.
If a person liable to an action
fraudulently conceals the
cause of such action from the knowledge of the person entitled thereto,
the action may be commenced at any time within 5 years after the
person entitled to bring the same discovers that he or she has such cause of
action, and not afterwards.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-216) (from Ch. 110, par. 13-216)
Sec. 13-216.
Stay of action.
When the commencement of an action is stayed
by injunction,
order of a court, or statutory prohibition, the time of the
continuance of the injunction or prohibition is not part of the time
limited for the commencement of the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-217) (from Ch. 110, par. 13-217)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue. No action which is voluntarily dismissed by the plaintiff or
dismissed for want of prosecution by the court may be filed where the time for
commencing the action has expired.
This amendatory Act of 1995 applies to causes of action accruing on or
after
its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is voluntarily dismissed by the plaintiff, or the action is dismissed
for want of prosecution, or the action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or after the action is voluntarily dismissed by the
plaintiff, or the action is dismissed for want of prosecution, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue.
(Source: P.A. 87-1252.)
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(735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
Sec. 13-218. Revival of judgment. A petition to revive a judgment, as provided by Section 2-1601 of this Code, may be
filed no later than 20 years next
after the date of entry of such judgment. The provisions of this amendatory Act of the 96th General Assembly are declarative of existing law.
(Source: P.A. 96-305, eff. 8-11-09.)
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(735 ILCS 5/13-219) (from Ch. 110, par. 13-219)
Sec. 13-219.
Railroads and carriers.
(a) All actions by railroads, motor
carriers, common
carriers by water, common carriers by air, the Railway Express Agency or
freight forwarders for the recovery of their charges, or any part
thereof, for the transportation of property moving wholly within the
State of Illinois shall be filed within 3 years from the time the cause
of action accrues, and not after.
(b) All actions against railroads, motor carriers, common carriers
by water, common carriers by air, the Railway Express Agency or freight
forwarders for the recovery of any part of transportation charges paid
to such carrier for the transportation of property moving wholly within
the State of Illinois shall be filed within 3 years from the time the
cause of action accrues, and not after.
(c) If on or before the expiration of the 3 year period of
limitation in subsection (b) a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency or a freight
forwarder files an action under subsection (a) for recovery of charges in
respect of the same transportation service, or, without filing an
action, collects charges in respect of that service, the period of
limitation shall be extended to include 90 days from the time such
action is filed or such charges are collected.
(d) The cause of action in respect of a shipment of property shall,
for the purposes of this section, be deemed to accrue upon delivery or
tender of delivery thereof by a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency, or a
freight forwarder, and not after.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-220) (from Ch. 110, par. 13-220)
Sec. 13-220.
Fraud by decedents.
Actions under Sections 10 to 14, both
inclusive, of
"An Act to revise
the law in relation to frauds and perjuries", approved February 16,
1874, as amended, shall be commenced within 2 years after the
death of the person
who makes a fraudulent legacy as provided in that Act, or who dies
intestate and leaves real estate to his or her heirs to descend according to
the laws of this State, unless letters of office
are applied for on his or her estate within 2 years after his or
her death and the representative has complied with the provisions of
Section 18-3 of the Probate Act of 1975, as amended, in regard to the
giving of notice to creditors, in which
case the action shall be commenced within and not after the time for
presenting claims against estates of deceased persons as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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(735 ILCS 5/13-221) (from Ch. 110, par. 13-221)
Sec. 13-221.
Contract to make will.
An action against
the representative,
heirs
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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(735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
Sec. 13-222.
Action against land surveyor.
(a) Registered land surveyor. No action may be brought against
a registered land surveyor to recover damages for negligence, errors or
omissions in the making of any survey nor for contribution or indemnity
related to such negligence, errors or omissions more than 4 years after the
person claiming such damages actually knows or should have known of such
negligence, errors or omissions. This Section applies to surveys completed
after July 26, 1967. This subsection (a) applies only to causes of action
accruing before the effective date of this amendatory Act of the 92nd General
Assembly.
(b) Professional land surveyor. No action may be brought against a
professional land surveyor to recover damages for negligence, errors,
omissions, torts, breaches of contract, or otherwise in the making of any
survey, nor contribution or indemnity, more than 4 years after the person
claiming the damages actually knows or should have known of the negligence,
errors, omissions, torts, breaches of contract, or other action.
In no event may such an action be brought if 10 years have elapsed from the
time of the act or omission. Any person who discovers the act or
omission before expiration of the 10-year period, however, may in no event have
less
than 4 years to bring an action. Contract actions against a surety on a
payment or performance bond must be commenced within the same time limitation
applicable to the bond principal.
If the person entitled to bring the action is under the age of 18 or under
a legal disability, the period of limitation does not begin to run until the
person reaches 18 years of age or the disability is removed.
This subsection (b) applies to causes of action accruing on or after the
effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-265, eff. 1-1-02.)
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(735 ILCS 5/13-223) (from Ch. 110, par. 13-223)
Sec. 13-223.
Inter vivos trusts.
An action to set aside or contest the
validity of a revocable inter
vivos trust agreement or declaration of trust to which a
legacy is provided by the settlor's will which is admitted to probate,
shall be commenced within and not after the time to contest the validity
of a will as provided in the Probate Act of 1975 as amended.
(Source: P.A. 83-707.)
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(735 ILCS 5/13-224) (from Ch. 110, par. 13-224)
Sec. 13-224.
Recovery in Tax Actions.
In any action against the State
to recover taxes imposed pursuant to Section 2 of the Messages Tax Act,
Section 2 of the Gas Revenue Tax Act, Section 2 of the Public Utilities
Revenue Act or Section 2-202 of The Public Utilities Act,
that were illegally or unconstitutionally collected, or in any action
against a municipality to recover taxes imposed pursuant to Section 8-11-2
of the Illinois Municipal Code that were illegally or unconstitutionally
collected or in any action against a taxpayer to recover charges imposed
pursuant to Sections 9-201 or 9-202 of The Public Utilities Act that
were illegally or
unconstitutionally collected, the prevailing party shall not be entitled to
recover an amount exceeding such taxes or charges paid, plus interest,
where applicable, during a period beginning 3 years prior to the date of
filing an administrative claim as authorized by statute or ordinance or
court complaint, whichever occurs earlier. This provision shall be
applicable to all actions filed on or after September 21, 1985.
(Source: P.A. 85-1209.)
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(735 ILCS 5/13-225) Sec. 13-225. Trafficking victims protection. (a) In this Section, "human trafficking", "involuntary servitude", "sex trade", and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Trafficking Victims Protection Act. (b) Subject to both subsections (e) and (f) and notwithstanding any other provision of law, an action under the Trafficking Victims Protection Act must be commenced within 25 years of the date the limitation period begins to run under subsection (d) or within 25 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (i) that the sex trade, involuntary servitude, or human trafficking act occurred, and (ii) that the defendant caused, was responsible for, or profited from the sex trade, involuntary servitude, or human trafficking act. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade, involuntary servitude, or human trafficking act occurred is not, by itself, sufficient to start the discovery period under this subsection (b). (c) If the injury is caused by 2 or more acts that are part of a continuing series of sex trade, involuntary servitude, or human trafficking acts by the same defendant, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover (i) that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred, and (ii) that the defendant caused, was responsible for, or profited from the series of sex trade, involuntary servitude, or human trafficking acts. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). (d) The limitation periods in subsection (b) do not begin to run before the plaintiff attains the age of 18 years; and, if at the time the plaintiff attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability. (e) The limitation periods in subsection (b) do not run during a time period when the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant. (f) The limitation periods in subsection (b) do not commence running until the expiration of all limitations periods applicable to the criminal prosecution of the plaintiff for any acts which form the basis of a cause of action under the Trafficking Victims Protection Act.
(Source: P.A. 100-939, eff. 1-1-19; 101-18, eff. 1-1-20.) |
(735 ILCS 5/13-226) Sec. 13-226. Opioid litigation. (a) Definitions. In this Section: "National multistate opioid settlement" means any agreement (i) to which the State and at least two other states are parties and (ii) in which the State agrees to release claims that it has brought or could have brought in an action against an opioid defendant or has the claims released in a final order entered by a court. "National multistate opioid settlement" includes (i) any form of resolution reached in a bankruptcy proceeding, provided that the Attorney General both agrees to the specific terms of such resolution or agreement in a bankruptcy proceeding and announces his or her agreement in the record of such bankruptcy proceeding, or (ii) a final order entered by the bankruptcy court. "Opioid defendant" means (i) a defendant in opioid litigation brought by the Attorney General, or (ii) a person or entity engaged in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation, alleging unlawful conduct in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Unit of local government" has the meaning provided in Article VII, Section 1 of the Illinois Constitution of 1970. (b) Release of claims. (1) On and after the effective date of this | ||
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(2) If counties representing 60% of the population of | ||
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(c) Nothing in this Section affects the Attorney General's authority to appear, intervene, or control litigation brought in the name of the State of Illinois or on behalf of the People of the State of Illinois. (d) When an intrastate allocation agreement between counties representing 60% of the population of the State, including all counties with a population of at least 250,000, and the Attorney General is reached, becoming a party to or filing opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement are exclusive powers and functions of the State and a home rule unit may not file or become a party to opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement unless approved by the Attorney General. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-85, eff. 7-9-21.) |
(735 ILCS 5/13-227) Sec. 13-227. Collection of debt arising from a municipal violation. An action to collect a debt arising from a violation of a municipal ordinance may not be filed more than 7 years after the date of adjudication.
(Source: P.A. 102-192, eff. 7-30-21.) |
(735 ILCS 5/Art. XIV heading) ARTICLE XIV
MANDAMUS
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(735 ILCS 5/14-101) (from Ch. 110, par. 14-101)
Sec. 14-101.
Action commenced by plaintiff.
In all proceedings commenced
under Article XIV of this Act the name of the person seeking the relief afforded by
this Article shall be set out as plaintiff without the use of the phrase
"People ex rel." or "People on the relation of".
(Source: P.A. 83-707.)
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(735 ILCS 5/14-102) (from Ch. 110, par. 14-102)
Sec. 14-102.
Summons to issue.
Upon the filing of a complaint
for mandamus the clerk of the court shall issue a summons, in like form,
as near as may be as summons in other civil cases.
The summons shall be
made returnable within a time designated by the plaintiff not less than 5 nor
more than 30 days after the service of the summons.
(Source: P.A. 83-357.)
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(735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
Sec. 14-103.
Defendant to plead.
Every defendant who is served with summons
shall answer or otherwise plead on or before the return day of the
summons, unless the time for doing so is extended by the court. If the
defendant defaults, judgment by default may be entered by the court. No
matters not germane to the distinctive purpose of the proceeding shall be
introduced by joinder, counterclaim or otherwise.
(Source: P.A. 90-655, eff. 7-30-98.)
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(735 ILCS 5/14-104) (from Ch. 110, par. 14-104)
Sec. 14-104.
Reply by plaintiff.
The plaintiff may reply or otherwise
plead to the answer,
within 5 days after the last day allowed
for the filing of the answer, unless the time for doing so is extended and
further pleadings may be had as in
other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-105) (from Ch. 110, par. 14-105)
Sec. 14-105.
Judgment - Costs.
If judgment is entered in favor of
the plaintiff, the plaintiff shall recover
damages and costs.
If judgment is entered in favor of the defendant, the defendant shall recover costs.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-106) (from Ch. 110, par. 14-106)
Sec. 14-106.
False return.
If damages are recovered against the defendant,
the defendant shall not
be liable to be sued in any other action or proceeding for making a false
return.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-107) (from Ch. 110, par. 14-107)
Sec. 14-107.
Successor in office.
The death, resignation or removal from
office, by lapse of
time or otherwise, of any defendant, shall not have the effect to abate
the proceeding, and upon a proper showing, the officer's successor may be
made a party thereto, and any relief
may be directed against the successor officer.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-108) (from Ch. 110, par. 14-108)
Sec. 14-108.
Other remedy - Amendments.
The proceedings for mandamus shall not be
dismissed nor the relief denied because the plaintiff may have another
judicial remedy, even where such other remedy will afford proper and
sufficient relief; and amendments may be allowed as in other civil
cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-109) (from Ch. 110, par. 14-109)
Sec. 14-109.
Seeking wrong remedy not fatal.
Where relief is sought under Article XIV of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XV heading) ARTICLE XV
MORTGAGE FORECLOSURE
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(735 ILCS 5/Art. XV Pt. 11 heading) Part 11.
General Provisions
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(735 ILCS 5/15-1101) (from Ch. 110, par. 15-1101)
Sec. 15-1101.
Title.
This Article shall be known, and may be cited,
as the Illinois Mortgage Foreclosure Law.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1102) (from Ch. 110, par. 15-1102)
Sec. 15-1102.
Enforcement.
The Court has full power to enforce any order
entered pursuant to this Article by contempt process or by such other order
as may be appropriate.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1103) (from Ch. 110, par. 15-1103)
Sec. 15-1103.
Jurisdiction.
The authority of the
court continues during
the entire pendency of the foreclosure and until disposition of all
matters
arising out of the foreclosure.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1104) (from Ch. 110, par. 15-1104)
Sec. 15-1104.
Wrongful Inducement of Abandonment.
Any person who willfully
misrepresents to the Court any fact resulting in a finding of abandonment
of mortgaged real estate in connection with subsection (b) of Section 15-1603 or
subsection (d) of Section 15-1706 of this Article or who threatens to injure the person or
property of occupants of mortgaged real estate, or who knowingly gives such
occupants false and misleading information, or who harasses or intimidates
such occupants, with the intent of inducing such occupants to abandon the
mortgaged premises, in order to obtain a finding of abandonment under
subsection (b) of Section 15-1603 or subsection (d) of Section 15-1706 of
this Article, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1105) (from Ch. 110, par. 15-1105)
Sec. 15-1105.
Interpretation.
(a) "May." The word "may" as used in this
Article means permissive and not mandatory.
(b) "Shall." The word "shall" as used in this Article means mandatory
and not permissive.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1106) (from Ch. 110, par. 15-1106)
Sec. 15-1106. Applicability of Article. (a) Exclusive Procedure. From and after July 1, 1987 (the
effective date of Public Act 84-1462), the following shall be
foreclosed in a foreclosure pursuant to this Article:
(1) any mortgage created prior to, on or after July | ||
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(2) any real estate installment contract for | ||
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(3) any collateral assignment of beneficial interest | ||
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(b) Uniform Commercial Code. A secured party, as defined in Article
9 of the Uniform Commercial Code, may at its election enforce its security interest in a
foreclosure under this Article if its security interest was created on or after July 1, 1987 (the effective date of Public Act 84-1462) and is created by (i) a collateral
assignment of beneficial interest in a land trust or (ii) an assignment for
security of a buyer's interest in a real estate installment contract. Such
election shall be made by filing a complaint stating that it is brought
under this Article, in which event the provisions of this Article shall be
exclusive in such foreclosure.
(c) Real Estate Installment Contracts. A contract seller may at its
election enforce in a foreclosure under this Article any real estate
installment contract entered into on or after July 1, 1987 (the effective date of Public Act 84-1462)
and not required to be foreclosed under this Article. Such election shall
be made by filing a complaint stating that it is brought under this
Article, in which event the provisions of this Article shall be exclusive
in such foreclosure. A contract seller must enforce its contract under
this Article if the real estate installment contract is one described in
paragraph (2) of subsection (a) of this Section.
(d) Effect of Election. An election made pursuant to subsection (b) or
(c) of this Section shall be binding only in the foreclosure and shall be
void if
the foreclosure is terminated prior to entry of judgment.
(e) Supplementary General Principles of Law. General principles of law
and equity, such as those relating to capacity to contract, principal and
agent, marshalling of assets, priority, subrogation, estoppel, fraud,
misrepresentations, duress, collusion, mistake, bankruptcy or other
validating or invalidating cause, supplement this Article unless displaced
by a particular provision of it.
Section 9-110 of this Code shall not be applicable to
any real estate installment contract which is foreclosed under this Article.
(f) Pending Actions. A complaint to foreclose a mortgage filed before
July 1, 1987, and all proceedings and third party actions in connection
therewith, shall be adjudicated pursuant to the Illinois statutes and
applicable law in effect immediately prior to July 1, 1987. Such statutes
shall remain in effect with respect to such complaint, proceedings and
third party actions notwithstanding the amendment or repeal of such
statutes on or after July 1, 1987. (g) The changes made to this Section by this amendatory Act of the 100th General Assembly apply to real estate installment contracts for residential real estate executed on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-416, eff. 1-1-18.)
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(735 ILCS 5/15-1107) (from Ch. 110, par. 15-1107)
Sec. 15-1107. Mode of Procedure. (a) Other Statutes.
Except as otherwise provided in this Article, the mode of procedure,
including the manner of service of pleadings and other papers and service
by publication, shall be in
accordance with the provisions of Article II of the Illinois Code of Civil
Procedure and any other statutes of this State which are from time to
time applicable, and with Illinois Supreme Court Rules applicable to
actions generally or otherwise applicable. If a mortgage lien is being
foreclosed under this Article and one or more non-mortgage liens or
encumbrances is being foreclosed or enforced in the same proceedings, then,
regardless of the respective priorities of the various liens or
encumbrances, the procedures and all other provisions of this Article
shall govern such proceedings, and any inconsistent statutory provisions
shall not be applicable. Without limiting the foregoing, any provision
of Article XII or
any other Article of the
Code of Civil Procedure shall apply unless inconsistent with this
Article and, in case of such inconsistency, shall not
be applicable to actions under this Article.
(b) Mechanics' Liens. Mechanics' liens shall be enforced as provided in
the Mechanics
Lien Act; provided, however,
that any mechanics' lien
claimant may assert such lien in a foreclosure under this Article, may
intervene in such foreclosure in accordance with this Article and may be
made a party in such foreclosure.
(c) Instruments Deemed a Mortgage. For the purpose of proceeding under
this Article, any instrument described in paragraph (2) or (3) of
subsection (a) of Section 15-1106, or in subsection (b) or (c) of Section
15-1106 which is foreclosed under this Article shall be deemed a mortgage.
For such purpose, the real estate installment contract purchaser, the
assignor of the beneficial interest in the land trust and the debtor, as
appropriate, shall be deemed the
mortgagor, and the real estate installment contract seller, the assignee of
the beneficial interest in the land trust and the secured party, as
appropriate, shall be deemed the mortgagee.
(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/15-1108) Sec. 15-1108. Declaration of policy relating to abandoned residential property. The following findings directly relate to the changes made by this amendatory Act of the 97th General Assembly. The General Assembly finds that residential mortgage foreclosures and the abandoned properties that sometimes follow create enormous challenges for Illinois residents, local governments, and the courts, reducing neighboring property values, reducing the tax base, increasing crime, placing neighbors at greater risk of foreclosure, imposing additional costs on local governments, and increasing the burden on the courts of this State; conversely, maintaining and securing abandoned properties stabilizes property values and the tax base, decreases crime, reduces the risk of foreclosure for nearby properties, thus reducing costs for local governments and making a substantial contribution to the operation and maintenance of the courts of this State by reducing the volume of matters which burden the court system in this State. The General Assembly further finds that the average foreclosure case for residential property takes close to 2 years in Illinois; when a property is abandoned, the lengthy foreclosure process harms lien-holders, neighbors, and local governments, and imposes significant and unnecessary burdens on the courts of this State; and an expedited foreclosure process for abandoned residential property can also help the courts of this State by decreasing the volume of foreclosure cases and allowing these cases to proceed more efficiently through the court system. The General Assembly further finds that housing counseling has proven to be an effective way to help many homeowners find alternatives to foreclosure; and that housing counseling therefore also reduces the volume of matters which burden the court system in this State and allows the courts to more efficiently handle the burden of foreclosure cases.
(Source: P.A. 97-1164, eff. 6-1-13.) |
(735 ILCS 5/Art. XV Pt. 12 heading) Part 12.
Definitions
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(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 | ||
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(2) contains an incomplete structure if the real | ||
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(b) with respect to which either: (1) two or more of the following conditions are shown | ||
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(A) construction was initiated on the property | ||
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(B) multiple windows on the property are boarded | ||
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(C) doors on the property are smashed through, | ||
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(D) the property has been stripped of copper or | ||
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(E) gas, electrical, or water services to the | ||
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(F) there exist one or more written statements of | ||
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(G) law enforcement officials have received at | ||
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(H) the property has been declared unfit for | ||
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(I) the local police, fire, or code enforcement | ||
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(J) the property is open and unprotected and in | ||
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(K) there exists other evidence indicating a | ||
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(2) the real estate is zoned for residential | ||
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(Source: P.A. 97-1164, eff. 6-1-13.) |
(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) (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) (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)
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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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)
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) 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 | ||
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(2) the lease was the result of an arms-length | ||
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(3) the lease requires the receipt of rent that is | ||
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(4) either (i) the lease was entered into or renewed | ||
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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.) |
(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.) |
(735 ILCS 5/Art. XV Pt. 13 heading) Part 13.
Mortgage Lien Priorities
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(735 ILCS 5/15-1301) (from Ch. 110, par. 15-1301)
Sec. 15-1301.
Lien Created.
Except as provided in Section 15-1302,
from the time a mortgage is recorded it shall be a lien upon the real
estate that is the subject of the mortgage for all monies advanced or
applied or other obligations secured in accordance with the terms of the
mortgage or as authorized by law, including the amounts specified in a
judgment of foreclosure in accordance with subsection (d) of Section 15-1603.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1302) (from Ch. 110, par. 15-1302)
Sec. 15-1302. Certain Future Advances. (a) Advances Made After
Eighteen Months. Except as provided in subsection (b) of Section 15-1302, as to any
monies advanced or applied more than 18 months after a mortgage is
recorded, the mortgage shall be a lien as to subsequent purchasers and
judgment creditors only from the time such monies are advanced or applied.
However, nothing in this Section shall affect any lien arising or existing
by virtue of the Mechanics
Lien Act.
(b) Exceptions.
(1) All monies advanced or applied pursuant to | ||
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(2) All monies advanced or applied, whenever advanced | ||
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(3) All monies advanced or applied in accordance with | ||
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(4) All interest which in accordance with the terms | ||
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(5) All monies advanced by the mortgagee in | ||
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(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/Art. XV Pt. 14 heading) Part 14.
Methods of Terminating
Mortgagor's Interest in Real Estate
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