Construction Law

(Walker, D-Arlington Heights; Murphy, D-Des Plaines) adds a person authorized by the mortgagor, grantor, heir, legal representative, or assign to the list of those who may request that the mortgagee of real property execute and and deliver a release of a mortgage or deed of trust. If any mortgagee or trustee does not, within 30 days (rather than "one month") after the payment of the debt secured by the mortgage or trust deed complies with specific requirements, then it is liable for the sum of $200 to the aggrieved party. The successor in interest to the mortgagee or trustee is not be liable for the $200 penalty if it complies with specific requirements within 30 days (rather than "one month") after succeeding to the interest.

Effective January 1, 2020. 

(Harmon, D-Oak Park; Bristow, D-Alton) allows service by publication for foreclosure if the defendant resides outside of or has left the State, on due inquiry cannot be found, is concealed within the State so that process cannot be served upon him or her, or that the place of residence of the defendant cannot be ascertained. If the defendant’s residence is known, that must be alleged in the plaintiff’s affidavit seeking service by publication. Publication must be made in some newspaper published in the county in which the action is pending or, under certain circumstances, in a newspaper published in an adjoining county. Requires the clerk to send a copy by mail addressed to each defendant whose place of residence is stated in the affidavit within 10 days of the first publication of the notice. 

Passed both chambers. Effective January 1, 2020 if the Governor signs the bill into law. 

(Harmon, D-Oak Park; Zalewski, D-Chicago) creates a licensed activity of the “practice of voice writer reporting.” This means reporting by the use of a system of repeating words of the speaker into a closed-microphone voice-dictation silencer that is capable of digital translation into text. It could be used for grand jury proceedings, court proceedings, court-related proceedings, pretrial examinations, depositions, motions, and related proceedings of like character. Passed both chambers. 

(Mason, D-Gurnee; Bush, D-Grayslake) provides that a consumer age 65 and older has 15, rather than three, business days within which to cancel a contract if the sale is made at the consumer’s home. Limits this 15-day right of cancellation to purchases made from an uninvited solicitor. Passed both chambers. 

(Arroyo, D-Chicago; Martinez, D-Chicago) requires the General Assembly to redraw the subcircuit boundaries after every federal decennial census. The subcircuits shall be compact, contiguous, and substantially equal in population. Applies to Cook County and the 12th, 16th, 17th, 19th, and 22nd districts. In accordance with existing law, a resident judgeship assigned to a subcircuit shall continue to be assigned to that subcircuit. Any vacancy in a resident judgeship existing on or occurring after the effective date of a law redrawing the boundaries of the subcircuits shall be filled by a resident of the redrawn subcircuit.

Effective January 1, 2020.

(Mazzochi, R-Westmont) authorizes Cook County to allow a corporation or limited liability company to appear at an administrative hearing proceeding through an officer, a board member, a shareholder with a controlling interest in the corporation, a shareholder of an S corporation, or a member of an limited liability company with power to bind the corporation. It exempts appearances in “contested property tax proceedings.” On second reading in the House. 

( Harmon, Oak Park) makes it the duty of the plaintiff or his or her representative to mail to each defendant listed on the filed affidavit for service by publication a copy of the published notice by first-class mail addressed to each defendant whose place of residence is stated on the affidavit if any defendant cannot be personally served with a summons and complaint. Specifies that it is not the duty of the clerk of court or any nonparty to the case to do this. An affidavit of the plaintiff or his or her representative stating that he or she has mailed the copy of the notice is evidence that this has been done. Scheduled for hearing this Tuesday in Senate  Judiciary Committee.