Construction Law

(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. 

(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. Introduced and referred to House Rules Committee. 
 

(Demmer, R-Dixon) urges the ARDC to look into further amending Supreme Court Rule 756 to require Illinois attorneys to disclose to prospective and current clients if and when the attorney's malpractice insurance has lapsed. This is a legislative resolution. It has just been introduced. 

(Mulroe, D-Chicago) provides that a summons that otherwise complies with Supreme Court Rules and is properly served is not invalidated and the court's jurisdiction is not affected by an error in format. Provides that a summons is not defective if the named defendant is listed on a document attached to the summons. Provides that the changes to the Code of Civil Procedure are declarative of existing law set forth by the Illinois Supreme Court in Fleshner v. Copeland, 13 Ill.2d 72 (1958).

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. Just introduced.