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| 1 | | include (i) the names of all plaintiffs and the case
number, |
| 2 | | (ii) the court in which the action was brought, (iii) the names |
| 3 | | of
title holders of record, (iv) a legal description of the |
| 4 | | real estate
sufficient to identify it with reasonable |
| 5 | | certainty, (v) a common address
or description of the location |
| 6 | | of the real estate and (vi) identification
of the mortgage |
| 7 | | sought to be foreclosed. An incorrect common address or
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| 8 | | description of the location, or an immaterial error in the |
| 9 | | identification
of a plaintiff or title holder of record, shall |
| 10 | | not invalidate the lis
pendens effect of the notice under this |
| 11 | | Section.
A notice which complies with this Section shall be |
| 12 | | deemed to comply with
Section 2-1901 of the Code of Civil
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| 13 | | Procedure and shall have the same effect as a notice filed |
| 14 | | pursuant to
that Section; however, a notice which complies with |
| 15 | | Section 2-1901 shall
not be constructive notice unless it also |
| 16 | | complies with the requirements of
this Section.
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| 17 | | (b) With respect to residential real estate, a copy of the |
| 18 | | notice of foreclosure described in subsection (a) of Section |
| 19 | | 15-1503 shall be sent by first class mail, postage prepaid, to |
| 20 | | the municipality within the boundary of which the mortgaged |
| 21 | | real estate is located, or to the county within the boundary of |
| 22 | | which the mortgaged real estate is located if the mortgaged |
| 23 | | real estate is located in an unincorporated territory. A |
| 24 | | municipality or county must clearly publish on its website a |
| 25 | | single address to which such notice shall be sent. If a |
| 26 | | municipality or county does not maintain a website, then the |
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| 1 | | municipality or county must publicly post in its main office a |
| 2 | | single address to which such notice shall be sent. In the event |
| 3 | | that a municipality or county has not complied with the |
| 4 | | publication requirement in this subsection (b), then the copy |
| 5 | | of the notice to the municipality or county shall be sent by |
| 6 | | first class mail, postage prepaid, to the chairperson of the |
| 7 | | county board or county clerk in the case of a county, to the |
| 8 | | mayor or city clerk in the case of a city, to the president of |
| 9 | | the board of trustees or village clerk in the case of a |
| 10 | | village, or to the president or town clerk in the case of a |
| 11 | | town. Additionally, if the real estate is located in a city |
| 12 | | with a population of more than 2,000,000, regardless of whether |
| 13 | | that city has complied with the publication requirement in this |
| 14 | | subsection (b), the party must, within 10 days after filing the |
| 15 | | complaint or counterclaim: (i) send by first class mail, |
| 16 | | postage prepaid, a copy of the notice of foreclosure to the |
| 17 | | alderman for the ward in which the real estate is located and |
| 18 | | (ii) file an affidavit with the court attesting to the fact |
| 19 | | that the notice was sent to the alderman for the ward in which |
| 20 | | the real estate is located. The failure to send a copy of the |
| 21 | | notice to the alderman or to file an affidavit as required |
| 22 | | results in the dismissal without prejudice of the complaint or |
| 23 | | counterclaim on a motion of a party or the court. If, after the |
| 24 | | complaint or counterclaim has been dismissed without |
| 25 | | prejudice, the party refiles the complaint or counterclaim, |
| 26 | | then the party must again comply with the requirements that the |