Illinois General Assembly - Full Text of SB0201
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Full Text of SB0201  103rd General Assembly




SB0201 EnrolledLRB103 26085 LNS 52440 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 15-1503 and by adding Section 15-1515 as
7    (735 ILCS 5/15-1503)  (from Ch. 110, par. 15-1503)
8    Sec. 15-1503. Notice of foreclosure.
9    (a) A notice of foreclosure, whether the foreclosure is
10initiated by complaint or counterclaim, made in accordance
11with this Section and recorded in the county in which the
12mortgaged real estate is located shall be constructive notice
13of the pendency of the foreclosure to every person claiming an
14interest in or lien on the mortgaged real estate, whose
15interest or lien has not been recorded prior to the recording
16of such notice of foreclosure. Such notice of foreclosure must
17be executed by any party or any party's attorney and shall
18include (i) the names of all plaintiffs and the case number,
19(ii) the court in which the action was brought, (iii) the names
20of title holders of record, (iv) a legal description of the
21real estate sufficient to identify it with reasonable
22certainty, (v) a common address or description of the location
23of the real estate and (vi) identification of the mortgage



SB0201 Enrolled- 2 -LRB103 26085 LNS 52440 b

1sought to be foreclosed. An incorrect common address or
2description of the location, or an immaterial error in the
3identification of a plaintiff or title holder of record, shall
4not invalidate the lis pendens effect of the notice under this
5Section. A notice which complies with this Section shall be
6deemed to comply with Section 2-1901 of the Code of Civil
7Procedure and shall have the same effect as a notice filed
8pursuant to that Section; however, a notice which complies
9with Section 2-1901 shall not be constructive notice unless it
10also complies with the requirements of this Section.
11    (b) (Blank). With respect to residential real estate, a
12copy of the notice of foreclosure described in subsection (a)
13of Section 15-1503 shall be sent by first class mail, postage
14prepaid, to the municipality within the boundary of which the
15mortgaged real estate is located, or to the county within the
16boundary of which the mortgaged real estate is located if the
17mortgaged real estate is located in an unincorporated
18territory. A municipality or county must clearly publish on
19its website a single address to which such notice shall be
20sent. If a municipality or county does not maintain a website,
21then the municipality or county must publicly post in its main
22office a single address to which such notice shall be sent. In
23the event that a municipality or county has not complied with
24the publication requirement in this subsection (b), then the
25copy of the notice to the municipality or county shall be sent
26by first class mail, postage prepaid, to the chairperson of



SB0201 Enrolled- 3 -LRB103 26085 LNS 52440 b

1the county board or county clerk in the case of a county, to
2the mayor or city clerk in the case of a city, to the president
3of the board of trustees or village clerk in the case of a
4village, or to the president or town clerk in the case of a
5town. Additionally, if the real estate is located in a city
6with a population of more than 2,000,000, regardless of
7whether that city has complied with the publication
8requirement in this subsection (b), the party must, within 10
9days after filing the complaint or counterclaim: (i) send by
10first class mail, postage prepaid, a copy of the notice of
11foreclosure to the alderperson for the ward in which the real
12estate is located and (ii) file an affidavit with the court
13attesting to the fact that the notice was sent to the
14alderperson for the ward in which the real estate is located.
15The failure to send a copy of the notice to the alderperson or
16to file an affidavit as required shall result in a stay of the
17foreclosure action on a motion of a party or the court. If the
18foreclosure action has been stayed by an order of the court,
19the plaintiff or the plaintiff's representative shall send the
20notice by certified mail, return receipt requested, or by
21private carrier that provides proof of delivery, and tender
22the return receipt or the proof of delivery to the court. After
23proof of delivery is tendered to the court, the court shall
24lift the stay of the foreclosure action.
25(Source: P.A. 101-399, eff. 8-16-19; 102-15, eff. 6-17-21.)



SB0201 Enrolled- 4 -LRB103 26085 LNS 52440 b

1    (735 ILCS 5/15-1515 new)
2    Sec. 15-1515. COVID-19 emergency sealing of court file.
3    (a) As used in this Section:
4    "Court file" means the court file created when a
5foreclosure action is filed with the court.
6    "COVID-19 emergency and economic recovery period" means
7the period beginning on March 9, 2020, when the Governor
8issued the first disaster proclamation for the State to
9address the circumstances related to COVID-19 and ending on
10December 31, 2021.
11    (b) The court may seal the file, upon motion of a
12mortgagor, of any foreclosure action filed during the COVID-19
13emergency and economic recovery period if the action was not
14subject to the moratoria enacted by the Federal National
15Mortgage Association, the Federal Home Loan Mortgage
16Corporation, the Federal Housing Administration, or the
17Department of Veterans Affairs. If an action was filed during
18the COVID-19 emergency and economic recovery period because it
19qualified under an exception to one of the above moratoria,
20the action is not subject to being sealed under this Section.
21If a residential eviction action filed during the COVID-19
22emergency and economic recovery period is pending on the
23effective date of this amendatory Act of the 103rd General
24Assembly and is not sealed, the court shall order the sealing
25of the court file.
26    (c) This Section applies to any action to foreclose a



SB0201 Enrolled- 5 -LRB103 26085 LNS 52440 b

1mortgage relating to: (i) residential real estate as defined
2in Section 15-1219; and (ii) real estate improved with a
3dwelling structure containing dwelling units for 6 or fewer
4families living independently of each other in which the
5mortgagor is a natural person landlord renting the dwelling
6units, even if the mortgagor does not occupy any of the
7dwelling units as the mortgagor's personal residence.
8    (d) This Section is repealed on June 1, 2025.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.