(Morrison, D-Deerfield; Moeller, D-Elgin) requires that the Department of Public Health study the feasibility of creating a statewide registry of advance directives and POLST (practitioner order for life-sustaining treatment) forms. It also allows the various advance directives to be in hard or electronic format under the Illinois Commerce Security Act (5 ILCS 175/5-115).
Effective January 1, 2020.
Court properly dismissed pro se complaint for wrongful foreclosure. Complaint was barred by section 15-1509(c ) of Mortgage Foreclosure Law, as a final judgment had been entered in foreclosure action and title to property had vested in another entity. Section 15-15-9(c ) of Foreclosure Law operates as an entire bar of all claims of the parties to a foreclosure after title has vested by deed. Order substituting Plaintiff as the party plaintiff was not void, as court had personal jurisdiction over Defendants and also subject-matter jurisdiction. (McBRIDE and BURKE, concurring)
(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.
In mortgage foreclosure action, Plaintiff bank sought a deficiency judgment solely against Defendant Laskowski, an individual whose loan was secured by a mortgage on residential property. The LLC (of which Laskowski was the sole member) to whom Laskowski purported to grant an equitable interest in the property by recorded Memorandum of Equitable Interest, was not a party against whom personal liability is asserted, and is not a mortgagor.Thus, Plaintiff bank was not required to serve process on LLC and court properly dismissed its Section 2-1401 petition to quash service and vacate the default judgment. As a bona fide purchaser had already purchased the property, LLC cannot collaterally attack foreclosure judgment.(PUCINSKI and MASON, concurring.)
Court entered judgment for Plaintiff bank in foreclosure action as to owner-occupied single-family home. Court does have personal jurisdiction over Defendant (who is pro se), as she filed a general appearance, a verified answer, and numerous motions. Defendant failed to prove Plaintiff's lack of standing. Record contains assignment of mortgage, in which original lender assigned mortgage to Plaintiff. Record shows that Defendant had advance notice of the judicial sale. Defendant may not raise arguments on behalf on any other party.(McBRIDE and REYES, concurring.)
(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.
(Didech, D-Highwood; Crowe, D-Wood River) amends the Illinois Partition Act to create a new set of procedures regulating the partition of property held in tenancy in common by one or more cotenants who are related or who acquired an interest in the property from a person related to the tenant by blood, marriage, or adoption. The Act applies only if one or more of the following conditions exist:
(1) 20 percent or more of the interests are held by cotenants who are related; (2) 20 percent or more of the interests are held by an individual or related entity who acquired title from a relative during the relative’s life or at death; or (3) 20 percent of the cotenants are relatives.
If the Act applies, the court is required to determine the fair market value of the property and give the cotenants who do not seek a partition of the property by sale the opportunity to purchase the interest of any cotenant who seeks to partition the property by sale. If no cotenant purchases the property and the property is not susceptible to being partitioned in kind, the Act provides the method by which the property is to be sold and costs apportioned.
Passed both chambers.