96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0967


 
Introduced 2/10/2009, by Rep. LaShawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 		








  



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







    Amends the Code of Civil Procedure.  Provides that in a foreclosure action while the municipality within which the property is located shall not be joined as a party unless joined under other provisions of the Code, the municipality shall be added to the service list in the foreclosure action  and all parties shall provide the clerk of the municipality with a copy of  any document or notice filed in the foreclosure action.

Effective immediately.
















LRB096 10686 AJO 20860 b

















 


 


A BILL FOR









 











HB0967

LRB096 10686 AJO 20860 b






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    AN ACT concerning civil law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


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



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



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    Sec. 15-1503. Notice of Foreclosure. A notice of 
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foreclosure, whether
the foreclosure is initiated by complaint 
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or
counterclaim, made in accordance with this Section and 
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recorded in the
county in which the mortgaged real estate is 
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located shall be constructive
notice of the pendency of the 
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foreclosure to every person claiming an
interest in or lien on 
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the mortgaged real estate, whose interest or lien
has not been 
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recorded prior to the recording of such notice of foreclosure. 
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While the municipality within which the property is located 
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shall not be joined as a party unless joined under other 
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provisions of this Article, the municipality shall be added to 
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the service list in the foreclosure action  and all parties 
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shall provide the clerk of the municipality with  a copy of  any 
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document or notice filed in the foreclosure action.
 Such notice 
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of foreclosure must be executed by any party or any party's

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attorney and shall include (i) the names of all plaintiffs and 
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the case
number, (ii) the court in which the action was 
 


 






HB0967
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LRB096 10686 AJO 20860 b




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brought, (iii) the names of
title holders of record, (iv) a 
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legal description of the real estate
sufficient to identify it 
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with reasonable certainty, (v) a common address
or description 
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of the location of the real estate and (vi) identification
of 
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the mortgage sought to be foreclosed.  An incorrect common 
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address or
description of the location, or an immaterial error 
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in the identification
of a plaintiff or title holder of record, 
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shall not invalidate the lis
pendens effect of the notice under 
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this Section.
A notice which complies with this Section shall 
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be deemed to comply with
Section 2-1901 of the Code of Civil

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Procedure and shall have the same effect as a notice filed 
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pursuant to
that Section; however, a notice which complies with 
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Section 2-1901 shall
not be constructive notice unless it also 
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complies with the requirements of
this Section.

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(Source: P.A. 86-974.)

 

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