Full Text of HB4122 98th General Assembly
HB4122ham001 98TH GENERAL ASSEMBLY | Rep. Esther Golar Filed: 3/27/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4122
| 2 | | AMENDMENT NO. ______. Amend House Bill 4122 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | adding Sections 15-1109, 15-1110, and 15-1111 as follows: | 6 | | (735 ILCS 5/15-1109 new) | 7 | | Sec. 15-1109. False representation concerning real estate | 8 | | title. | 9 | | (a) A person commits false representation concerning real | 10 | | estate title when he or she knowingly as part of any | 11 | | transaction or legal proceeding pursuant to this Article XV: | 12 | | (1) claims an interest in, or a lien or encumbrance | 13 | | against, real estate in a document that is recorded in the | 14 | | recorder's office in the county in which the real estate is
| 15 | | located and knows or has reason to know that the document | 16 | | is forged or groundless, contains a material misstatement |
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| 1 | | or false claim, or is otherwise invalid; | 2 | | (2) executes or notarizes a document purporting to | 3 | | create an interest in or a lien or encumbrance against real | 4 | | estate that is recorded in the recorder's office in the | 5 | | county in which
the real estate is located and has specific | 6 | | knowledge that the document is forged, contains a material | 7 | | misstatement or false claim, or is otherwise invalid; or | 8 | | (3) causes a document described in paragraph (1) or (2) | 9 | | to be recorded in the recorder's office in the county in | 10 | | which the
real estate is located and has specific knowledge | 11 | | that the document is forged, contains a material | 12 | | misstatement or false claim, or is otherwise invalid. | 13 | | (b) A violation of this Section is a Class 4 felony. | 14 | | (735 ILCS 5/15-1110 new) | 15 | | Sec. 15-1110. Pattern of false representation concerning | 16 | | real estate title. | 17 | | (a) A person commits a pattern of making false | 18 | | representations concerning real estate title when he or she | 19 | | knowingly, as part of any transaction or legal proceedings | 20 | | pursuant to this Article XV, commits one or more violations of | 21 | | Section 15-1109 in 2 or more transactions: | 22 | | (1) which have the same or similar pattern, purposes, | 23 | | results, accomplices, victims, or methods of commission or | 24 | | are otherwise interrelated by distinguishing | 25 | | characteristics; |
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| 1 | | (2) which are not isolated incidents within the | 2 | | preceding 4 years; and | 3 | | (3) in which the aggregate loss or intended loss is | 4 | | more than $250. | 5 | | (b) A violation of this Section is a Class 3 felony. | 6 | | (735 ILCS 5/15-1111 new) | 7 | | Sec. 15-1111. Civil actions for false representation | 8 | | concerning real estate title. | 9 | | (a) In addition to any criminal penalties imposed, a person | 10 | | who violates Section 15-1109 or 15-1110 of this Code is subject | 11 | | to a civil penalty of not more than $5,000 for each violation. | 12 | | This penalty is recoverable in a civil action, brought in the | 13 | | name of the State by the Attorney General, in the circuit court | 14 | | in the county in which the real estate is located. In such an | 15 | | action, the Attorney General may recover reasonable attorney's | 16 | | fees and costs. | 17 | | (b) Except as otherwise provided in this subsection, the | 18 | | owner of or holder of the beneficial interest in real estate | 19 | | which is the subject of a false representation concerning real | 20 | | estate title may bring a civil action in the circuit court in | 21 | | the county in which the real estate is located to recover any | 22 | | damages suffered by the owner or holder of the beneficial | 23 | | interest plus reasonable attorney's fees and costs. The owner | 24 | | of or holder of the beneficial interest in the real estate | 25 | | must, before bringing a civil action pursuant to this |
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| 1 | | subsection, send a written request by first class mail to the | 2 | | person who made the false representation requesting that the | 3 | | person record a document which corrects the false | 4 | | representation. If the person records such a document not later | 5 | | than 20 days after the date of the written request, the owner | 6 | | or holder of the beneficial interest may not bring a civil | 7 | | action pursuant to this subsection. ".
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