96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2026


 
Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - John A. Fritchey
 
SYNOPSIS AS INTRODUCED:
 		







  



735 ILCS 5/9-110
  from Ch. 110, par. 9-110








    Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning forcible entry and detainer.
















LRB096 05471 AJO 15537 b

















 


 


A BILL FOR









 











HB2026

LRB096 05471 AJO 15537 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 9-110 as follows:
 



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    (735 ILCS 5/9-110)  (from Ch. 110, par. 9-110)



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    Sec. 9-110. Judgment for whole premises - Stay of 
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enforcement. If
it appears on the
the trial that the plaintiff 
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is entitled
to the possession of the whole of the premises 
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claimed, judgment for the
possession thereof and for costs 
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shall be entered in favor of the plaintiff.
However, if the 
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action is brought under Article IX of this Code and is
based 
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upon a breach of a contract entered into
on or after July 1, 
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1962 for the purchase of such premises, the court,
by order, 
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may stay the enforcement of the judgment for a period
not to 
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exceed 60 days from the date of the judgment, or if the court

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finds that the amount unpaid on the contract is less than 75% 
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of the
original purchase price, then the court shall stay the 
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enforcement of the
judgment for a period of 180 days from the 
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date of the judgment.  The court
may order a stay of less than 
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180 days (but in no event less than 60
days) if it is shown that 
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the plaintiff, prior to the filing of the action
under Article 
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IX of this Act, granted the defendant previous extensions of

 


 






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LRB096 05471 AJO 15537 b




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time to pay the amounts due under the contract, or for other 
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good cause
shown.  If during such period of stay the defendant 
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pays the entire amount
then due and payable under the terms of 
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the contract other than such
portion of the principal balance 
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due under the contract as would not be
due had no default 
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occurred and costs and, if the contract provides
therefor, 
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reasonable attorney's fees as fixed by the court, and cures
all 
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other defaults then existing, the contract shall remain in 
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force the
same as if no default had occurred.  The relief 
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granted to a defendant
by this Section shall not be exhausted 
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by a single use thereof but shall
not be again available with 
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respect to the same contract for a period of
5 years from the 
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date of such judgment.  Whenever defendant cures the
default 
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under the contract pursuant to this Section, the defendant may 
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within
the period of stay file a motion to vacate the judgment 
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in the court in
which the judgment was entered, and, if the 
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court, upon the hearing of
such motion, is satisfied that such 
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default has been cured, such
judgment shall be vacated.  Unless 
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defendant files such motion to vacate
in the court or the 
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judgment is otherwise stayed, enforcement of the judgment
may 
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proceed
immediately upon the expiration of such period of stay 
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and all rights of the
defendant in and to the premises and in 
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and to the real estate described
in the contract are 
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terminated.
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    Nothing herein contained shall be construed as affecting 
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the right of
a seller of such premises to any lawful remedy or 
 


 






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relief other than that
provided by Part 1 of Article IX of this 
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Act.

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(Source: P.A. 85-907.)