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| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1443 Introduced 1/31/2025, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: | | | Amends the Mortgage Act. Provides that the Act does not abrogate the Illinois common law that the payment in full of a debt secured by a mortgage extinguishes the lien. Provides that payment in full of a debt secured by a mortgage pursuant to a payoff statement, as defined in the Mortgage Certificate of Release Act, issued by or on behalf of the holder of the indebtedness extinguishes the lien of the mortgage. Effective immediately. |
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| | A BILL FOR |
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| | SB1443 | | LRB104 07581 JRC 17625 b |
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| 1 | | AN ACT concerning civil law. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Mortgage Act is amended by adding Section |
| 5 | | 17 as follows: |
| 6 | | (765 ILCS 905/17 new) |
| 7 | | Sec. 17. Notwithstanding any other provisions of this Act: |
| 8 | | (1) The Act does not abrogate the Illinois common law |
| 9 | | that the payment in full of a debt secured by a mortgage |
| 10 | | extinguishes the lien. |
| 11 | | (2) Payment in full of a debt secured by a mortgage |
| 12 | | pursuant to a payoff statement, as defined in Section 5 of |
| 13 | | the Mortgage Certificate of Release Act, issued by or on |
| 14 | | behalf of the holder of the indebtedness extinguishes the |
| 15 | | lien of the mortgage. |
| 16 | | Section 99. Effective date. This Act takes effect upon |
| 17 | | becoming law. |