093_SB0730eng SB730 Engrossed LRB093 02918 WGH 02934 b 1 AN ACT in relation to civil procedure. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Civil Procedure is amended by 5 changing Section 12-101 as follows: 6 (735 ILCS 5/12-101) (from Ch. 110, par. 12-101) 7 Sec. 12-101. Lien of judgment. With respect to the 8 creation of liens on real estate by judgments, all real 9 estate in the State of Illinois is divided into 2 classes. 10 The first class consists of all real property, the title 11 to which is registered under "An Act concerning land titles", 12 approved May 1, 1897, as amended. 13 The second class consists of all real property not 14 registered under "An Act concerning land titles". 15 As to real estate in class one, a judgment is a lien on 16 the real estate of the person against whom it is entered for 17 the same period as in class two, when Section 85 of "An Act 18 concerning land titles", has been complied with. 19 As to real estate included within class two, a judgment 20 is a lien on the real estate of the person against whom it is 21 entered in any county in this State, including the county in 22 which it is entered, only from the time a transcript, 23 certified copy or memorandum of the judgment is filed in the 24 office of the recorder in the county in which the real estate 25 is located. The lien may be foreclosed by an action brought 26 in the name of the judgment creditor or its assignee of 27 record under Article XV in the same manner as a mortgage of 28 real property, except thatthe redemption period shall be 629months from the date of sale andthe real estate homestead 30 exemption under Section 12-901 shall apply. A judgment 31 resulting from the entry of an order requiring child support SB730 Engrossed -2- LRB093 02918 WGH 02934 b 1 payments shall be a lien upon the real estate of the person 2 obligated to make the child support payments, but shall not 3 be enforceable in any county of this State until a 4 transcript, certified copy, or memorandum of the lien is 5 filed in the office of the recorder in the county in which 6 the real estate is located. Any lien hereunder arising out of 7 an order for support shall be a lien only as to and from the 8 time that an installment or payment is due under the terms of 9 the order. Further, the order for support shall not be a 10 lien on real estate to the extent of payments made as 11 evidenced by the records of the Clerk of the Circuit Court or 12 State agency receiving payments pursuant to the order. In 13 the event payments made pursuant to that order are not paid 14 to the Clerk of the Circuit Court or a State agency, then 15 each lien imposed by this Section may be released in the 16 following manner: 17 (a) A Notice of Filing and an affidavit stating 18 that all installments of child support required to be 19 paid pursuant to the order under which the lien or liens 20 were imposed have been paid shall be filed with the 21 office of recorder in each county in which each such lien 22 appears of record, together with proof of service of such 23 notice and affidavit upon the recipient of such payments. 24 (b) Service of such affidavit shall be by any means 25 authorized under Sections 2-203 and 2-208 of the Code of 26 Civil Procedure or under Supreme Court Rules 11 or 27 105(b). 28 (c) The Notice of Filing shall set forth the name 29 and address of the judgment debtor and the judgment 30 creditor, the court file number of the order giving rise 31 to the judgment and, in capital letters, the following 32 statement: 33 YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE 34 ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF SB730 Engrossed -3- LRB093 02918 WGH 02934 b 1 .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, ILLINOIS. 2 IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO 3 FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED 4 JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT 5 LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO 6 FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A 7 SATISFACTION OF SUCH JUDGMENT. 8 (d) If no affidavit objecting to the release of the 9 lien or liens is filed within 28 days of the Notice 10 described in paragraph (c) of this Section such lien or 11 liens shall be deemed to be released and no longer 12 subject to foreclosure. 13 A judgment is not a lien on real estate for longer than 7 14 years from the time it is entered or revived, unless the 15 judgment is revived within 7 years after its entry or last 16 revival and a memorandum of judgment is filed before the 17 expiration of the prior memorandum of judgment. 18 When a judgment is revived it is a lien on the real 19 estate of the person against whom it was entered in any 20 county in this State from the time a transcript, certified 21 copy or memorandum of the order of revival is filed in the 22 office of the recorder in the county in which the real estate 23 is located. 24 A foreign judgment registered pursuant to Sections 12-601 25 through 12-618 of this Act is a lien upon the real estate of 26 the person against whom it was entered only from the time (1) 27 a certified copy of the verified petition for registration of 28 the foreign judgment or (2) a transcript, certified copy or 29 memorandum of the final judgment of the court of this State 30 entered on that foreign judgment is filed in the office of 31 the recorder in the county in which the real estate is 32 located. However, no such judgment shall be a lien on any 33 real estate registered under "An Act concerning land titles", 34 as amended, until Section 85 of that Act has been complied SB730 Engrossed -4- LRB093 02918 WGH 02934 b 1 with. 2 The release of any transcript, certified copy or 3 memorandum of judgment or order of revival which has been 4 recorded shall be filed by the person receiving the release 5 in the office of the recorder in which such judgment or order 6 has been recorded. 7 Such release shall contain in legible letters a statement 8 as follows: 9 FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE 10 FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES 11 IN WHOSE OFFICE THE LIEN WAS FILED. 12 The term "memorandum" as used in this Section means a 13 memorandum or copy of the judgment signed by a judge or a 14 copy attested by the clerk of the court entering it and 15 showing the court in which entered, date, amount, number of 16 the case in which it was entered, name of the party in whose 17 favor and name and last known address of the party against 18 whom entered. If the address of the party against whom the 19 judgment was entered is not known, the memorandum or copy of 20 judgment shall so state. 21 The term "memorandum" as used in this Section also means 22 a memorandum or copy of a child support order signed by a 23 judge or a copy attested by the clerk of the court entering 24 it or a copy attested by the administrative body entering it. 25 This Section shall not be construed as showing an 26 intention of the legislature to create a new classification 27 of real estate, but shall be construed as showing an 28 intention of the legislature to continue a classification 29 already existing. 30 (Source: P.A. 91-357, eff. 7-29-99; 92-817, eff. 8-21-02.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.