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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3762
Introduced 2/25/2009, by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED:
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Amends the Code of Civil Procedure. Provides that in addition to any rights and under the federal Service members Civil Relief Act, whenever it is determined in a foreclosure proceeding that the mortgagor defendant is a person who was deployed to a combat or combat support posting while on active military duty within the previous 12 months, the court must stay the proceedings for a period of 90 days. "Active military duty" means service on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.
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A BILL FOR
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HB3762 |
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LRB096 09908 AJO 20071 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 adding |
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| Section 15-1501.5 as follows:
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| (735 ILCS 5/15-1501.5 new) |
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| Sec. 15-1501.5. Return from combat stay. In addition to |
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| any rights and obligations provided under the federal Service |
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| members Civil Relief Act, whenever it is determined in a |
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| foreclosure proceeding that the mortgagor defendant is a person |
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| who was deployed to a combat or combat support posting while on |
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| active military duty within the previous 12 months, the court |
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| must stay the proceedings for a period of 90 days. "Active |
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| military duty" means, for purposes of this Section, service on |
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| active duty as a member of the Armed Forces of the United |
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| States, the Illinois National Guard, or any reserve component |
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| of the Armed Forces of the United States.
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