Construction Law

(Breen, R-Lombard; Curran, R-Woodridge) amends the Counties Code, the Municipal Code, and the Township Code affecting provisions regarding building or structure zoning violations. Prohibits any suit against a unit of government or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. Makes an exception for property owned by the unit of government. Passed both chambers. 

(Mulroe, D-Chicago; Welch, D-Westchester) deletes language requiring that a conveyance of real property to a trust include evidence of acceptance by the trustee and deletes language providing that if the transferor is a trustee of the trust, an interest in real property does not become trust property unless the instrument of conveyance is recorded in the office of the recorder of the county in which the property is located. Passed both chambers. 

(Mulroe, D-Chicago; Martwick, D-Chicago) amends the Code of Civil Procedure to provide that the court’s jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served. If a petition is filed to reopen a foreclosure proceeding, the purchaser or successor purchaser of real property who was not a party to the mortgage foreclosure action is entitled to remain in possession of the property  until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than six months. Actions for the recovery of real property following a foreclosure must be brought within two years after possession is taken. Every person in the actual possession of lands or tenements as a purchaser following a foreclosure is adjudged to be the legal owner of the lands or tenements if for two successive years continues in possession and pays all taxes legally during that time.

Amends the Mortgage Rescue Fraud Act to provide that it is a violation for a distressed property consultant to, among other things, enter into, enforce, or act upon any agreement with a foreclosure defendant, whether the foreclosure is completed or otherwise, if the agreement provides for a division of proceeds between the foreclosure defendant and the distressed property consultant derived from litigation related to the foreclosure. 

Passed both chambers. 

(Thapedi, D-Chicago; Mulroe, D-Chicago) amends the Home Repair and Remodeling Act to make the consumer-rights brochure more explanatory for homeowners, contractors, and lawyers. It makes no changes to substantive law. Passed both chambers. 

(Ford, D-Chicago; Castro, D-Chicago) amends the Counties Code to create a mechanics lien demand and referral pilot program. Provides that in counties with a code hearing unit, a recorder may adopt rules establishing a mechanics lien demand and referral process for residential property after a public hearing. Provides that if a recorder determines that a mechanics lien recorded in the grantor's index or the grantee's index is a defective lien, the recorder shall serve a Notice of Defective Lien by certified mail to the last known address of the owner.

Provides that if the owner or legal representative of the owner of the residential property confirms in writing that the lien is not involved in pending litigation, the owner may request that the recorder refer the defective mechanics lien to the county's code hearing department for adjudication or serve a Demand to Commence Suit forcing the lienholder to either file suit, respond to the Demand, or forfeit the lien. Provides how the recorder is to serve a Demand to Commence Suit or file a Notice of Referral with the code hearing unit.

Provides that if the mechanics lien is referred to the code hearing unit, the code hearing unit will set a hearing and notify the applicable parties. Provides if the recorder shows by clear and convincing evidence that the lien in question is a defective lien, the administrative law judge shall rule the lien is forfeited and that the lien no longer affects the chain of title of the property in any way.

Repeals the provisions on January 1, 2022. Further amends the Counties Code making conforming changes in county code hearing unit provisions. Amends the Mechanics Lien Act making conforming changes. Scheduled for hearing Tuesday in Senate Judiciary Committee. 

(Currie, D-Chicago) amends the Code of Civil Procedure to provide that for judgments of $50,000 or less that do not include any compensation for bodily injury or death, judgments recovered in any court shall draw interest at a rate of 2% (currently 9% or 6% if the judgment debtor is a governmental entity) per annum. Scheduled for a hearing in House Judiciary Committee next Tuesday and for a subject-matter hearing tomorrow in House Judiciary Committee. 

(Currie, D-Chicago) amends the Code of Civil Procedure to provide that every individual is entitled to an estate of homestead to the extent in value of $150,000 (instead of $15,000) of his or her interest in real property occupied by him or her as a residence.

Provides that if two or more individuals own property that is exempt as a homestead, the value of the exemption of each individual may not exceed his or her proportionate share of $200,000 (instead of $30,000) based upon percentage of ownership. Scheduled for hearing in House Judiciary Committee next Tuesday and for a subject-matter hearing tomorrow in House Judiciary Committee. 
 

(Guzzardi, D-Chicago) amends the Code of Civil Procedure to provide that a judgment may be revived by filing a petition to revive the judgment in the fifth year after its entry (instead of the seventh year after its entry, or in the seventh year after its last revival, or in the twentieth year after its entry, or at any other time within 20 years after its entry if the judgment becomes dormant. Changes the limitations period for the enforcement of certain judgments from seven to five years. Scheduled for hearing in House Judiciary next Tuesday and for a subject-matter hearing tomorrow in House Judiciary. 
 

(Zalewski, D-Chicago) creates the Claims Against Real Estate Recordation Act. Provides that all claims against real estate must be recorded in the office of the recorder of the county in which the real estate is located. Scheduled for hearing Tuesday, April 10 in House Judiciary Committee. 

(Zalewski, D-Chicago) amends the Conveyances Act. It provides that the Section concerning the interests of subsequent purchasers without notice is a pure-notice recording statute. Scheduled for hearing on April 10 in House Judiciary Committee.