Full Text of SB1473 97th General Assembly
SB1473 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1473 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | 735 ILCS 5/9-110 | from Ch. 110, par. 9-110 |
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Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning forcible entry and detainer.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing 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 | 8 | | enforcement. If
it appears on the
the trial that the plaintiff | 9 | | is entitled
to the possession of the whole of the premises | 10 | | claimed, judgment for the
possession thereof and for costs | 11 | | shall be entered in favor of the plaintiff.
However, if the | 12 | | action is brought under Article IX of this Code and is
based | 13 | | upon a breach of a contract entered into
on or after July 1, | 14 | | 1962 for the purchase of such premises, the court,
by order, | 15 | | may stay the enforcement of the judgment for a period
not to | 16 | | exceed 60 days from the date of the judgment, or if the court
| 17 | | finds that the amount unpaid on the contract is less than 75% | 18 | | of the
original purchase price, then the court shall stay the | 19 | | enforcement of the
judgment for a period of 180 days from the | 20 | | date of the judgment. The court
may order a stay of less than | 21 | | 180 days (but in no event less than 60
days) if it is shown that | 22 | | the plaintiff, prior to the filing of the action
under Article | 23 | | IX of this Act, granted the defendant previous extensions of
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| 1 | | time to pay the amounts due under the contract, or for other | 2 | | good cause
shown. If during such period of stay the defendant | 3 | | pays the entire amount
then due and payable under the terms of | 4 | | the contract other than such
portion of the principal balance | 5 | | due under the contract as would not be
due had no default | 6 | | occurred and costs and, if the contract provides
therefor, | 7 | | reasonable attorney's fees as fixed by the court, and cures
all | 8 | | other defaults then existing, the contract shall remain in | 9 | | force the
same as if no default had occurred. The relief | 10 | | granted to a defendant
by this Section shall not be exhausted | 11 | | by a single use thereof but shall
not be again available with | 12 | | respect to the same contract for a period of
5 years from the | 13 | | date of such judgment. Whenever defendant cures the
default | 14 | | under the contract pursuant to this Section, the defendant may | 15 | | within
the period of stay file a motion to vacate the judgment | 16 | | in the court in
which the judgment was entered, and, if the | 17 | | court, upon the hearing of
such motion, is satisfied that such | 18 | | default has been cured, such
judgment shall be vacated. Unless | 19 | | defendant files such motion to vacate
in the court or the | 20 | | judgment is otherwise stayed, enforcement of the judgment
may | 21 | | proceed
immediately upon the expiration of such period of stay | 22 | | and all rights of the
defendant in and to the premises and in | 23 | | and to the real estate described
in the contract are | 24 | | terminated. | 25 | | Nothing herein contained shall be construed as affecting | 26 | | the right of
a seller of such premises to any lawful remedy or |
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| 1 | | relief other than that
provided by Part 1 of Article IX of this | 2 | | Act.
| 3 | | (Source: P.A. 85-907.)
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