Real Estate Law

(Murphy, D-Des Plaines; Collins, D-Chicago) deletes Section 15-1503(b) that requires, among other things, a copy of the notice of foreclosure to be sent by first class mail to the municipality or county within the boundary of which the residential real estate is located. Provides that the court may seal a file, upon motion of a mortgagor, of any foreclosure action filed during the “COVID-19 emergency and economic recovery period.” (From March 9, 2020, to December 31, 2021.) This Section applies to any action to foreclose a mortgage relating to: (1) residential real estate as defined in Section 15-1219; and (2) real estate improved with a dwelling structure containing dwelling units for six or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as the mortgagor’s personal residence. This section doesn’t apply to mortgages enacted by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Department of Veterans Affairs. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is still pending after June 9, 2023, the court shall order the sealing of the court file. Effective June 9, 2023, but this section is repealed on June 1, 2025. 

(Croke, D-Chicago; Ellman, D-Naperville) creates a new article in the Probate Code authorizing the use of electronic nontestamentary estate planning documents. “Nontestamentary estate planning document” means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. It applies to electronic records readable as text at the time of signing that creates, exercises, modifies, releases, or revokes estate planning documents with the exception of deeds to real estate and car titles. Passed both chambers. 
 

(Tarver, D-Chicago; Sims, D-Chicago) provides that "seller" does not include a beneficiary who has both (1) never occupied the residential real property and (2) never had management responsibility for the residential real property. Passed both chambers. 

(Yednock, D-Ottawa) requires that the Department of Financial and Professional Regulation work with the Illinois Real Estate Lawyers Association and other interested parties to develop a standardized residential real estate contract. Scheduled for hearing this Wednesday in House Judiciary Committee. 

(Villa, West Chicago) Amends the Code of Civil Procedure. Provides that every individual is entitled to an estate of homestead to the extent in value of $30,000 of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence, or $60,000 if the homestead is owned by 2 or more individuals. Scheduled for hearing Tuesday in Senate Judiciary Committee. 

(Morrison, D-Deerfield) amends the Administrative Review Article of the Code of Civil Procedure. Provides that for an action to review a decision of an administrative agency with final decision-making authority over designated historic properties or areas or a decision of an administrative agency with final decision-making authority over exterior design review of buildings or structures, "parties of record" means only the administrative agency and applicants before the administrative agency, and "parties of record" does not mean persons who appeared before and submitted oral testimony or written statements to the zoning board of appeals with respect to the decision appealed. Requires that within two days of filing the action, the plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision. Requires that the notice shall state the caption of the action, the court in which the action was filed, and the names of the plaintiff in the action and the applicant to the administrative agency. Requires that the notice shall inform the person of his or her right to intervene. Provides that each person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice. Scheduled for hearing next Tuesday in Senate Judiciary Committee.