Public Act 101-0399
 
SB0169 EnrolledLRB101 04859 LNS 49868 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Code of Civil Procedure is amended  by 
changing Section 15-1503 as follows:
 


    (735 ILCS 5/15-1503)  (from Ch. 110, par. 15-1503)



    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

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

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

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.

    (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.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.