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| Public Act 098-0098 | ||||
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AN ACT concerning criminal 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 Criminal Code of 2012 is amended by changing | ||||
Section 32-13 as follows:
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(720 ILCS 5/32-13)
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Sec. 32-13. Unlawful clouding of title.
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(a) Any person who intentionally records or files or causes | ||||
to be recorded
or filed any document in the office of the | ||||
recorder or registrar of titles of
any county of this State | ||||
that is a cloud on the title of land in
this State, knowing | ||||
that the theory upon which the purported cloud on title is
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based is not recognized as a legitimate legal theory by the | ||||
courts of this
State or of the United States, commits the | ||||
offense of unlawful clouding of
title.
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(b) Unlawful clouding of title is a Class A misdemeanor for | ||||
a first offense if the cloud on the title has a value that does | ||||
not exceed $10,000. Unlawful clouding of title is a Class 4 | ||||
felony if the cloud on the title has a value that exceeds | ||||
$10,000, or for a second or subsequent offense.
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(c) In addition to any other sentence that may be imposed, | ||||
the court shall
order any person convicted of a violation of | ||||
this Section, or placed on
supervision for a violation of this | ||||
Section, to execute a release of the
purported cloud on title | ||
as may be requested by or on behalf of any person
whose | ||
property is encumbered or potentially encumbered by the | ||
document filed.
Irrespective of whether or not a person charged | ||
under this Section is convicted
of the offense of unlawful | ||
clouding of title, when the evidence demonstrates
that, as a | ||
matter of law, the cloud on title is not a type of cloud
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recognized or authorized by the courts of this State or the | ||
United
States, the court shall forthwith direct the recorder or | ||
registrar of titles to
expunge the cloud.
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(c-5) This Section does not apply to an attorney licensed | ||
to practice law
in this State who in good faith files a lien on | ||
behalf of his or her client and
who in good faith believes that | ||
the validity of the lien is supported by
statutory law, by a | ||
decision of a court of law, or by a good faith argument
for an | ||
extension, modification, or
reversal of existing court | ||
decisions relating to the validity of the lien.
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(d) For purposes of this Section, "cloud on title" or | ||
"cloud on the title"
means an outstanding claim or encumbrance | ||
that, if valid, would affect or
impair the title of the owner | ||
of an estate in land and on its face has that
effect, but can be | ||
shown by extrinsic proof to be invalid or inapplicable to
that | ||
estate.
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(Source: P.A. 89-682, eff. 1-1-97.)
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