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92_HB1953 LRB9207260WHtm 1 AN ACT concerning civil procedure. 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 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 thesuchpremises, the court, by 15 order, may stay the enforcement of the judgment for a period 16 not to exceed 60 days from the date of the judgment, or if 17 the court finds that the amount unpaid on the contract is 18 less than 75% of the original purchase price, then the court 19 shall stay the enforcement of the judgment for a period of 20 180 days from the date of the judgment. The court may order 21 a stay of less than 180 days (but in no event less than 60 22 days) if it is shown that the plaintiff, prior to the filing 23 of the action under Article IX of this Act, granted the 24 defendant previous extensions of time to pay the amounts due 25 under the contract, or for other good cause shown. If during 26 such period of stay the defendant pays the entire amount then 27 due and payable under the terms of the contract other than 28 such portion of the principal balance due under the contract 29 as would not be due had no default occurred and costs and, if 30 the contract provides therefor, reasonable attorney's fees as 31 fixed by the court, and cures all other defaults then -2- LRB9207260WHtm 1 existing, the contract shall remain in force the same as if 2 no default had occurred. The relief granted to a defendant 3 by this Section shall not be exhausted by a single use 4 thereof but shall not be again available with respect to the 5 same contract for a period of 5 years from the date of such 6 judgment. Whenever defendant cures the default under the 7 contract pursuant to this Section, the defendant may within 8 the period of stay file a motion to vacate the judgment in 9 the court in which the judgment was entered, and, if the 10 court, upon the hearing of such motion, is satisfied that 11 such default has been cured, such judgment shall be vacated. 12 Unless defendant files such motion to vacate in the court or 13 the judgment is otherwise stayed, enforcement of the judgment 14 may proceed immediately upon the expiration of such period of 15 stay and all rights of the defendant in and to the premises 16 and in and to the real estate described in the contract are 17 terminated. 18 Nothing herein contained shall be construed as affecting 19 the right of a seller of such premises to any lawful remedy 20 or relief other than that provided by Part 1 of Article IX of 21 this Act. 22 (Source: P.A. 85-907.)