SB3166sam001 99TH GENERAL ASSEMBLY

Sen. John G. Mulroe

Filed: 3/16/2016

09900SB3166sam001 LRB099 17233 HEP 46351 a

AMENDMENT TO SENATE BILL 3166

AMENDMENT NO. ______. Amend Senate Bill 3166 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by changing Section 9-117 as follows:

(735 ILCS 5/9-117) (from Ch. 110, par. 9-117)

Sec. 9-117. Expiration of Judgment.

(a) No judgment for possession obtained in an action brought under this Article may be enforced more than 120 days after judgment is entered, unless upon motion by the plaintiff the court grants an extension of the period of enforcement of the judgment.

(b) In all cases other than those brought by a mortgagee, receiver appointed under Section 15-1704 of this Code, holder of the certificate of sale, holder of the deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, or the owner of property obtained through a foreclosure action, the plaintiff's Plaintiff's notice of motion shall contain the following notice directed to the defendant:

"Your landlord, (insert name), obtained an eviction judgment against you on (insert date), but the sheriff did not evict you within the 120 days that the landlord has to evict after a judgment in court. On the date stated in this notice, your landlord will be asking the court to allow the sheriff to evict you based on that judgment. You must attend the court hearing if you want the court to stop the landlord from having you evicted. To prevent the eviction, you must be able to prove that (1) the landlord and you made an agreement after the judgment (for instance, to pay up back rent or to comply with the lease) and you have lived up to the agreement; or (2) the reason the landlord brought the original eviction case has been resolved or forgiven, and the eviction the landlord now wants the court to grant is based on a new or different reason; or (3) that you have another legal or equitable reason why the court should not grant the landlord's request for your eviction."

The court shall grant the motion for the extension of the judgment of possession unless the defendant establishes that the tenancy has been reinstated, that the breach upon which the judgment was issued has been cured or waived, that the plaintiff and defendant entered into a post-judgment agreement whose terms the defendant has performed, or that other legal or equitable grounds exist that bar enforcement of the judgment.

(c) In cases brought by a mortgagee, receiver appointed under Section 15-1704 of this Code, holder of the certificate of sale, holder of the deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, or the owner of a property obtained through a foreclosure proceeding, the plaintiff's notice of motion shall contain the following notice directed to the defendant:

"The owner of the property, (insert name), obtained an eviction judgment against you on (insert date), but the sheriff did not evict you within the 120 days that the owner has to evict after a judgment in court. On the date stated in this notice, the owner will be asking the court to allow the sheriff to evict you based on that judgment. You must attend the court hearing if you want the court to stop the owner from having you evicted."

The court shall grant the motion for extension of the judgment of possession unless the defendant establishes that the plaintiff and defendant have entered into a post-judgment agreement whose terms the defendant has performed, or that other legal or equitable grounds exist that bar enforcement of the judgment.

(d) This Section does not apply to any action based upon a breach of a contract entered into on or after July 1, 1962, for the purchase of premises in which the court has entered a stay under Section 9-110; nor shall this Section apply to any action to which the provisions of Section 9-111 apply; nor shall this Section affect the rights of Boards of Managers under Section 9-104.2.

(Source: P.A. 96-60, eff. 7-23-09.)".