Rep. Chapin Rose
Filed: 3/11/2011
 
 

 

 

 
09700HB3636ham001LRB097 05212 AJO 52886 a



1
AMENDMENT TO HOUSE BILL 3636




2    AMENDMENT NO. ______. Amend House Bill 3636 on page 1, by 
3replacing line 5 with the following:
 

 
4"Sections 16 and 34 as follows:
 



5    (770 ILCS 60/16)  (from Ch. 82, par. 16)



6    Sec. 16. 
No incumbrance upon land, created before or after 
7the making of
the contract under the provisions of this act, 
8shall operate upon the
building erected, or materials furnished 
9until a lien in favor of the
persons having done work or 
10furnished material (hereinafter "lien creditor") shall have 
11been satisfied,
and upon any questions arising between 
12incumbrancers and lien creditors, all
previous incumbrances 
13shall be preferred only to the extent of the value of the
land 
14at the time of making of the contract, but shall not be 
15preferred to the value of any subsequent improvements, and each 
16the lien creditor shall be
preferred to the value of all the 
 
 
09700HB3636ham001- 2 -LRB097 05212 AJO 52886 a

1improvements erected on said premises, whether or not provided 
2by the lien creditor, and
the court shall ascertain by jury or 
3otherwise, as the case may require,
what proportion of the 
4proceeds of any sale shall be paid to the several
parties in 
5interest. All incumbrances, whether by mortgage, judgment or

6otherwise, charged and shown to be fraudulent, in respect to 
7creditors, may
be set aside by the court, and the premises 
8freed and discharged from such
fraudulent incumbrance.

9(Source: Laws 1903, p. 230.)"; and

 
10on page 1, below line 21, by inserting the following:
 

11    "Section 99. Effective date. This Act takes effect upon 
12becoming law.".