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Rep. Elaine Nekritz
Filed: 5/23/2011
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| 1 | | AMENDMENT TO SENATE BILL 1355
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1355, AS AMENDED, |
| 3 | | with reference to page and line numbers of House Amendment No. |
| 4 | | 1, on page 3, replacing lines 6 through 16 with the following:
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| 5 | | "by first class mail to the chairperson of the county board or |
| 6 | | county clerk in the case of a county, to the mayor or city |
| 7 | | clerk in the case of a city, to the president of the board of |
| 8 | | trustees or village clerk in the case of a village, or to the |
| 9 | | president or town clerk in the case of a town provided pursuant |
| 10 | | to Section 2-211 of the Code of Civil Procedure. Additionally, |
| 11 | | if the real estate is located in a city with a population of |
| 12 | | more than 2,000,000, the party or the party's attorney must |
| 13 | | within 3 days after filing the complaint or counterclaim: (i) |
| 14 | | send a copy of the notice of foreclosure to the city clerk and |
| 15 | | (ii) file an affidavit attesting to the fact that the notice |
| 16 | | was sent to the city clerk. Within 5 days after receipt of a |
| 17 | | notice of foreclosure, the city clerk shall send a copy of the |
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| 1 | | notice to the alderman for the ward in which the real estate is |
| 2 | | located. The failure to send a copy of the notice to the clerk |
| 3 | | or to file an affidavit within 3 days as required results in |
| 4 | | the dismissal without prejudice of the complaint or |
| 5 | | counterclaim as a matter of law. If, after the complaint or |
| 6 | | counterclaim has been dismissed without prejudice as a matter |
| 7 | | of law, the party or the party's attorney refiles the complaint |
| 8 | | or counterclaim, then the party or the party's attorney must |
| 9 | | again meet the requirements that the party send the notice to |
| 10 | | the city clerk within 3 days and file an affidavit within 3 |
| 11 | | days attesting to the fact that the notice was sent as |
| 12 | | required. In that instance, the city clerk shall send a copy of |
| 13 | | the notice to the appropriate alderman within 5 days."; and
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| 14 | | on page 6, by replacing lines 5 through 14 as follows:
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| 15 | | "a county, to the mayor or city clerk in the case of a city, to |
| 16 | | the president of the board of trustees or village clerk in the |
| 17 | | case of a village, or to the president or town clerk in the |
| 18 | | case of a town provided pursuant to Section 2-211 of the Code |
| 19 | | of Civil Procedure. Additionally, if the real estate is located |
| 20 | | in a city with a population of more than 2,000,000, the party |
| 21 | | or the party's attorney filing the complaint or the counter |
| 22 | | claim must within 3 days after the entry of the confirmation |
| 23 | | order: (i) send a copy of the confirmation order to the city |
| 24 | | clerk and (ii) file an affidavit attesting to the fact that a |