Cities & Villages Committee
Filed: 3/12/2009
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| 1 | AMENDMENT TO HOUSE BILL 967
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| 2 | AMENDMENT NO. ______. Amend House Bill 967 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 15-1503 as follows:
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| 6 | (735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
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| 7 | Sec. 15-1503. Notice of Foreclosure. A notice of | ||||||
| 8 | foreclosure, whether
the foreclosure is initiated by complaint | ||||||
| 9 | or
counterclaim, made in accordance with this Section and | ||||||
| 10 | recorded in the
county in which the mortgaged real estate is | ||||||
| 11 | located shall be constructive
notice of the pendency of the | ||||||
| 12 | foreclosure to every person claiming an
interest in or lien on | ||||||
| 13 | the mortgaged real estate, whose interest or lien
has not been | ||||||
| 14 | recorded prior to the recording of such notice of foreclosure.
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| 15 | While the municipality within the boundaries of which the | ||||||
| 16 | property is located, or the township, if the area is | ||||||
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| 1 | unincorporated, shall not be joined as a party unless it is | ||||||
| 2 | joined as a party under other provisions of this Article, the | ||||||
| 3 | municipality or township shall be provided a copy of the | ||||||
| 4 | recorded notice of foreclosure. The notice shall be sent within | ||||||
| 5 | 15 days after the recording of the notice of foreclosure. The | ||||||
| 6 | notice shall be sent by first class mail to the municipal or | ||||||
| 7 | township clerk. Such notice of foreclosure must be executed by | ||||||
| 8 | any party or any party's
attorney and shall include (i) the | ||||||
| 9 | names of all plaintiffs and the case
number, (ii) the court in | ||||||
| 10 | which the action was brought, (iii) the names, addresses, phone | ||||||
| 11 | numbers, and other known contact information of
title holders | ||||||
| 12 | of record, (iv) a legal description of the real estate
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| 13 | sufficient to identify it with reasonable certainty, (v) a | ||||||
| 14 | common address
or description of the location of the real | ||||||
| 15 | estate and (vi) identification
of the mortgage sought to be | ||||||
| 16 | foreclosed. An incorrect common address or
description of the | ||||||
| 17 | location, or an immaterial error in the identification
of a | ||||||
| 18 | plaintiff or title holder of record, shall not invalidate the | ||||||
| 19 | lis
pendens effect of the notice under this Section.
A notice | ||||||
| 20 | which complies with this Section shall be deemed to comply with
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| 21 | Section 2-1901 of the Code of Civil
Procedure and shall have | ||||||
| 22 | the same effect as a notice filed pursuant to
that Section; | ||||||
| 23 | however, a notice which complies with Section 2-1901 shall
not | ||||||
| 24 | be constructive notice unless it also complies with the | ||||||
| 25 | requirements of
this Section.
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| 26 | (Source: P.A. 86-974.)
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| 1 | Section 99. Effective date. This Act takes effect upon | ||||||
| 2 | becoming law.".
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