Bill Status of HB 2832   98th General Assembly

Short Description:  CTY RECORDER-FRAUDULENT FILING

House Sponsors
Rep. Lou Lang-Emanuel Chris Welch-Marcus C. Evans, Jr.

Senate Sponsors
(Sen. Ira I. Silverstein-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  7/19/2013HousePublic Act . . . . . . . . . 98-0099

Statutes Amended In Order of Appearance
55 ILCS 5/3-5010.5 new

Synopsis As Introduced
Amends the Counties Code. Provides that a county recorder may establish a Review Index and procedures for investigating filings that would cause the recorder to reasonably believe that the filing may be fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. Provides the General Assembly's findings regarding property fraud and fraudulent filings. Provides for the following: (1) the filing of a notice sheet regarding a suspected fraudulent filing; (2) criteria that a recorder may rely upon to identify a filing as appropriate to be placed in the Review Index; (3) notification requirements of a recorder's determinations regarding a filing; (4) procedures for removal of a filing from the Review Index; (5) administrative review of a recorder's determination; (6) priority of filing; and (7) fees associated with filing a deed or instrument that is determined to be fraudulent. Further provides that no recorder, nor any of his or her employees or agents, shall be liable for any omission or error under this Section, nor for the failure to place a deed or instrument into the Review Index. Provides that the provisions of the amendatory Act only apply to deeds or instruments filed after the effective date of the amendatory Act. Effective immediately.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Replaces references to "Review Index" with "fraud referral and review"; makes corresponding changes. Deletes the process whereby the recorder posts any document under review on the recorder's website. Deletes provisions regarding a notice sheet. Sets forth public notice requirements for a recorder intending to create a fraud referral and review process in counties with a population of less than 3 million. Authorizes a recorder to request that the Secretary of the Department of Financial and Professional Regulation assist in investigating possible fraudulent claims. Provides that documents representing that the subject of the lien is releasing itself from a lien held by another entity, with no apparent cooperation or authorization provided by the lienholder, may be criteria for determining whether to refer a document to an Administrative Law Judge for review. Provides that the recorder shall add a Notice of Referral to the Property Index when he or she determines that a deed or instrument may be fraudulent. Removes a provision that a recorder has the discretion to not record a deed or instrument if the last owner of record is not aware of the filing or states the filing is fraudulent or unlawful. Deletes a provision regarding the recorder's ability to move a deed or instrument that is not fraudulent into its proper place in the chain of title. Requires the recorder to use county property tax records to identify the last owner of record. Deletes provisions authorizing the recorder to advise the filer of any deed of ways to prove the legitimacy of the deed or instrument, as well as procedures for removal. Sets forth procedures for an administrative decision and referral and review process; Provides that the recorder's decision to refer a document for review is a final administrative decision. Requires the recorder to, upon receiving notice of a judgment either of fraud or legitimacy, to record the judgment. Deletes provisions regarding priority of filing. Repeals the provisions of the amendatory Act on June 1, 2018. Makes technical changes. Effective immediately.

Senate Committee Amendment No. 1
Replaces a reference to "Property Index" with "grantor's index or the grantee's index". Makes technical changes.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, as amended by Senate Committee Amendment Number 1. Provides that prior to referral, the last owner of record shall be notified by the recorder of the document or documents suspected to be fraudulent. Permits the person, entity, or legal representative thereof to confirm in writing his or her belief that a document or documents are suspected to be fraudulent and to request that the recorder refer the case for review. Requires a referral and case sent to an administrative law judge to clearly identify the person, persons, or entity believed to be the last true owner of record as the petitioner. Provides that nothing in the amendatory Act precludes a private right of action by any party with an interest in the property affected by the review and referral, or the filer of the document or documents suspected to be fraudulent. Further provides that nothing in the amendatory Act requires a person or entity who may have had a fraudulent document or encumbrance filed against his or her property to use the fraud review and referral process or administrative review. Makes other technical changes. Effective immediately.

Actions 
DateChamber Action
  2/22/2013HouseFiled with the Clerk by Rep. Lou Lang
  2/26/2013HouseFirst Reading
  2/26/2013HouseReferred to Rules Committee
  3/4/2013HouseAssigned to Counties & Townships Committee
  3/14/2013HouseDo Pass / Short Debate Counties & Townships Committee; 005-000-000
  3/14/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2013HouseAdded Chief Co-Sponsor Rep. Emanuel Chris Welch
  3/21/2013HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/12/2013HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  4/12/2013HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/15/2013HouseHouse Floor Amendment No. 1 Rules Refers to Counties & Townships Committee
  4/16/2013HouseHouse Floor Amendment No. 1 Recommends Be Adopted Counties & Townships Committee; 005-000-000
  4/17/2013HouseSecond Reading - Short Debate
  4/17/2013HouseHouse Floor Amendment No. 1 Adopted
  4/17/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/18/2013HouseThird Reading - Short Debate - Passed 103-011-000
  4/19/2013SenateArrive in Senate
  4/19/2013SenatePlaced on Calendar Order of First Reading
  4/19/2013SenateChief Senate Sponsor Sen. Ira I. Silverstein
  4/19/2013SenateFirst Reading
  4/19/2013SenateReferred to Assignments
  4/24/2013SenateAssigned to Judiciary
  4/30/2013SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein
  4/30/2013SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/30/2013SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  4/30/2013SenateSenate Committee Amendment No. 1 Adopted
  5/1/2013SenatePostponed - Judiciary
  5/8/2013SenateDo Pass as Amended Judiciary; 012-000-000
  5/8/2013SenatePlaced on Calendar Order of 2nd Reading May 9, 2013
  5/9/2013SenateSecond Reading
  5/9/2013SenatePlaced on Calendar Order of 3rd Reading May 14, 2013
  5/17/2013SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Ira I. Silverstein
  5/17/2013SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/20/2013SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  5/21/2013SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 009-001-000
  5/22/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/22/2013SenateRecalled to Second Reading
  5/22/2013SenateSenate Floor Amendment No. 2 Adopted; Silverstein
  5/22/2013SenatePlaced on Calendar Order of 3rd Reading
  5/22/2013SenateThird Reading - Passed; 054-003-000
  5/23/2013HouseArrived in House
  5/23/2013HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/24/2013HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Lou Lang
  5/24/2013HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Lou Lang
  5/24/2013HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/24/2013HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/28/2013HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Counties & Townships Committee
  5/28/2013HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Counties & Townships Committee
  5/29/2013HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Counties & Townships Committee; 005-000-000
  5/29/2013HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Counties & Townships Committee; 005-000-000
  5/30/2013HouseSenate Committee Amendment No. 1 House Concurs 110-007-000
  5/30/2013HouseSenate Floor Amendment No. 2 House Concurs 110-007-000
  5/30/2013HouseHouse Concurs
  5/30/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  7/19/2013HouseGovernor Approved
  7/19/2013HouseEffective Date July 19, 2013
  7/19/2013HousePublic Act . . . . . . . . . 98-0099

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