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| Public Act 101-0399 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Section 15-1503 as follows:
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(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
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Sec. 15-1503. Notice of Foreclosure. | ||||
(a) A notice of foreclosure, whether
the foreclosure is | ||||
initiated by complaint or
counterclaim, made in accordance with | ||||
this Section and recorded in the
county in which the mortgaged | ||||
real estate is located shall be constructive
notice of the | ||||
pendency of the foreclosure to every person claiming an
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interest in or lien on the mortgaged real estate, whose | ||||
interest or lien
has not been recorded prior to the recording | ||||
of such notice of foreclosure.
Such notice of foreclosure must | ||||
be executed by any party or any party's
attorney and shall | ||||
include (i) the names of all plaintiffs and the case
number, | ||||
(ii) the court in which the action was brought, (iii) the names | ||||
of
title holders of record, (iv) a legal description of the | ||||
real estate
sufficient to identify it with reasonable | ||||
certainty, (v) a common address
or description of the location | ||||
of the real estate and (vi) identification
of the mortgage | ||||
sought to be foreclosed. An incorrect common address or
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description of the location, or an immaterial error in the | ||
identification
of a plaintiff or title holder of record, shall | ||
not invalidate the lis
pendens effect of the notice under this | ||
Section.
A notice which complies with this Section shall be | ||
deemed to comply with
Section 2-1901 of the Code of Civil
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Procedure and shall have the same effect as a notice filed | ||
pursuant to
that Section; however, a notice which complies with | ||
Section 2-1901 shall
not be constructive notice unless it also | ||
complies with the requirements of
this Section.
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(b) With respect to residential real estate, a copy of the | ||
notice of foreclosure described in subsection (a) of Section | ||
15-1503 shall be sent by first class mail, postage prepaid, to | ||
the municipality within the boundary of which the mortgaged | ||
real estate is located, or to the county within the boundary of | ||
which the mortgaged real estate is located if the mortgaged | ||
real estate is located in an unincorporated territory. A | ||
municipality or county must clearly publish on its website a | ||
single address to which such notice shall be sent. If a | ||
municipality or county does not maintain a website, then the | ||
municipality or county must publicly post in its main office a | ||
single address to which such notice shall be sent. In the event | ||
that a municipality or county has not complied with the | ||
publication requirement in this subsection (b), then the copy | ||
of the notice to the municipality or county shall be sent by | ||
first class mail, postage prepaid, to the chairperson of the | ||
county board or county clerk in the case of a county, to the | ||
mayor or city clerk in the case of a city, to the president of | ||
the board of trustees or village clerk in the case of a | ||
village, or to the president or town clerk in the case of a | ||
town. Additionally, if the real estate is located in a city | ||
with a population of more than 2,000,000, regardless of whether | ||
that city has complied with the publication requirement in this | ||
subsection (b), the party must, within 10 days after filing the | ||
complaint or counterclaim: (i) send by first class mail, | ||
postage prepaid, a copy of the notice of foreclosure to the | ||
alderman for the ward in which the real estate is located and | ||
(ii) file an affidavit with the court attesting to the fact | ||
that the notice was sent to the alderman for the ward in which | ||
the real estate is located. The failure to send a copy of the | ||
notice to the alderman or to file an affidavit as required | ||
shall result in a stay of the foreclosure action on a motion of | ||
a party or the court. If the foreclosure action has been stayed | ||
by an order of the court, the plaintiff or the plaintiff's | ||
representative shall send the notice by certified mail, return | ||
receipt requested, or by private carrier that provides proof of | ||
delivery, and tender the return receipt or the proof of | ||
delivery to the court. After proof of delivery is tendered to | ||
the court, the court shall lift the stay of the foreclosure | ||
action. results in the dismissal without prejudice of the | ||
complaint or counterclaim on a motion of a party or the court. | ||
If, after the complaint or counterclaim has been dismissed | ||
without prejudice, the party refiles the complaint or | ||
counterclaim, then the party must again comply with the | ||
requirements that the party send by first class mail, postage | ||
prepaid, the notice to the alderman for the ward in which the | ||
real estate is located and file an affidavit attesting to the | ||
fact that the notice was sent. | ||
(Source: P.A. 96-856, eff. 3-1-10; 97-1164, eff. 6-1-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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