97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0956

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-110  from Ch. 110, par. 9-110

    Amends the Code of Civil Procedure. Makes a technical change in provisions concerning forcible entry and detainer.


LRB097 03772 AJO 43809 b

 

 

A BILL FOR

 

HB0956LRB097 03772 AJO 43809 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 9-110 as follows:
 
6    (735 ILCS 5/9-110)  (from Ch. 110, par. 9-110)
7    Sec. 9-110. Judgment for whole premises - Stay of
8enforcement. If it appears on the the trial that the plaintiff
9is entitled to the possession of the whole of the premises
10claimed, judgment for the possession thereof and for costs
11shall be entered in favor of the plaintiff. However, if the
12action is brought under Article IX of this Code and is based
13upon a breach of a contract entered into on or after July 1,
141962 for the purchase of such premises, the court, by order,
15may stay the enforcement of the judgment for a period not to
16exceed 60 days from the date of the judgment, or if the court
17finds that the amount unpaid on the contract is less than 75%
18of the original purchase price, then the court shall stay the
19enforcement of the judgment for a period of 180 days from the
20date of the judgment. The court may order a stay of less than
21180 days (but in no event less than 60 days) if it is shown that
22the plaintiff, prior to the filing of the action under Article
23IX of this Act, granted the defendant previous extensions of

 

 

HB0956- 2 -LRB097 03772 AJO 43809 b

1time to pay the amounts due under the contract, or for other
2good cause shown. If during such period of stay the defendant
3pays the entire amount then due and payable under the terms of
4the contract other than such portion of the principal balance
5due under the contract as would not be due had no default
6occurred and costs and, if the contract provides therefor,
7reasonable attorney's fees as fixed by the court, and cures all
8other defaults then existing, the contract shall remain in
9force the same as if no default had occurred. The relief
10granted to a defendant by this Section shall not be exhausted
11by a single use thereof but shall not be again available with
12respect to the same contract for a period of 5 years from the
13date of such judgment. Whenever defendant cures the default
14under the contract pursuant to this Section, the defendant may
15within the period of stay file a motion to vacate the judgment
16in the court in which the judgment was entered, and, if the
17court, upon the hearing of such motion, is satisfied that such
18default has been cured, such judgment shall be vacated. Unless
19defendant files such motion to vacate in the court or the
20judgment is otherwise stayed, enforcement of the judgment may
21proceed immediately upon the expiration of such period of stay
22and all rights of the defendant in and to the premises and in
23and to the real estate described in the contract are
24terminated.
25    Nothing herein contained shall be construed as affecting
26the right of a seller of such premises to any lawful remedy or

 

 

HB0956- 3 -LRB097 03772 AJO 43809 b

1relief other than that provided by Part 1 of Article IX of this
2Act.
3(Source: P.A. 85-907.)