Public Act 099-0439
 
SB1487 EnrolledLRB099 09675 HEP 29884 b


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

  
 
    Section 5. The Counties Code is amended  by adding Section 
3-5010.7 as follows:
 
    (55 ILCS 5/3-5010.7 new)
    Sec. 3-5010.7. Foreclosure property pilot program.
    (a) The recorder in a county with a population of more than 
3,000,000 shall establish a pilot program that permits 
documents to be recorded against a property in foreclosure by 
judicial order only.
    (b) Beginning January 1, 2016, upon motion by the  plaintiff 
in a foreclosure action, the judge shall issue an order barring 
any nonrecord claimants from recording, without approval of the 
court, an interest on the property that is the subject of the 
foreclosure action. The order shall also prohibit the owner of 
the property from recording any document without judicial 
approval except for court orders related to the foreclosure 
case or court orders related to the property that were entered 
after the effective date of the order prohibiting recordation.  
The term "nonrecord claimant", for purposes of this Act, has 
the meaning ascribed to that term in Section 15-1210 of the 
Code of Civil Procedure.  The order shall expire on the date of 
the court order confirming the judicial sale of the property 
pursuant to a judgment of foreclosure unless renewed by order 
of the judge.
    (c) Upon inspecting the order and making a  determination 
that the order is  valid and prevents any nonrecord claimants 
from recording an interest on the property without court 
approval, the recorder shall record the court's order as a 
separate document in the chain of title, after the notice of 
foreclosure.  It is the responsibility of the plaintiff to 
attach any necessary exhibits to fulfill statutory recording 
requirements.  The recorder may charge the standard and 
applicable recording fees at the time the order is presented 
for recording.
    (d) If a court order has been recorded under this Section, 
a nonrecord claimant shall not record a document regarding the 
property that is the subject of the foreclosure action without 
a certified court order.  A nonrecord claimant shall obtain a 
certified court order by filing a motion in the office of the 
clerk of the court in which the action is pending. The court 
shall then issue a dated certified order indicating the type of 
document to be recorded, the person or entity authorized to 
record, the property index number of the property, and the case 
number of the foreclosure.  The order must be presented in 
person to designated staff in the recorder's office along with 
the document to be recorded.  The recorder shall not accept 
recordings subject to this Section by mail or electronic 
submission. A mechanics lien claimant, unit of government, or 
any duly appointed persons or entities acting as agents for a 
unit of government or judicial body shall not be required to 
obtain a certified court order in accordance with this 
subsection in order to record a document on the property that 
is the subject of a foreclosure action.
    (e) The recorder is authorized to inspect the photo 
identification of any person attempting to record a document on 
a title that is subject to a court order under this Section and 
may deny recordation to any person who refuses to provide 
proper photo identification.
    (f) Once the foreclosure is finalized and a new deed is 
issued, an official court order confirming the sale must be 
presented for inspection at the time of recordation of the deed 
as evidence of the expiration of the order prohibiting 
recordation.
    (g) This Section does not apply to a mortgagee or its agent 
that recorded the lis pendens notice of foreclosure.
    (h)  If a document is recorded contrary to a court's order 
and the recorder determines that the recorder's office is 
responsible for the error, the recorder shall notify in writing 
the person recording the document, if possible, and if after 30 
days' notice or 30 days after the recording when the recorder 
is unable to notify the filer and that person fails to obtain 
the certified order required under subsection (d), the  recorder 
shall then record a new document clearly referencing the 
document number of the erroneous recording and indicating that 
it has been voided.  If feasible, the recorder shall watermark 
the erroneous recording as voided using the word "voided".
    (i)  Except in cases of willful or wanton misconduct, the 
recorder, or any agent or employee of the recorder, is immune 
from any liability under this Section.
    (j)  The program implemented under this amendatory Act of 
the 99th General Assembly shall be considered a pilot program 
from January 1, 2016 to January 1, 2019.  The recorder may end 
the pilot program earlier than January 1, 2019 by sending a 
certified letter to the Chief Judge of the county if the 
recorder determines that either workforce challenges or 
computer hardware or software limitations have prevented the 
effective implementation and operation of the program.  The 
recorder shall enforce in good faith any frozen title requests 
initiated prior to cancelling the pilot program.
    (k)  This Section is repealed on January 1, 2019.