101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0674
 
Introduced , by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:

  
735 ILCS 5/9-110 from Ch. 110, par. 9-110

 Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning forcible entry and detainer.



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A BILL FOR
 


HB0674LRB101 03699 LNS 48707 b



1 AN ACT concerning civil law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The Code of Civil Procedure is amended by 
5changing Section 9-110 as follows:




6 (735 ILCS 5/9-110) (from Ch. 110, par. 9-110)



7 Sec. 9-110. Judgment for whole premises - Stay of 
8enforcement. If
it appears on the
the trial that the plaintiff 
9is entitled
to the possession of the whole of the premises 
10claimed, judgment for the
possession thereof and for costs 
11shall be entered in favor of the plaintiff.
However, if the 
12action is brought under Article IX of this Code and is
based 
13upon a breach of a contract entered into
on or after July 1, 
141962 for the purchase of such premises, the court,
by order, 
15may stay the enforcement of the judgment for a period
not to 
16exceed 60 days from the date of the judgment, or if the court

17finds that the amount unpaid on the contract is less than 75% 
18of the
original purchase price, then the court shall stay the 
19enforcement of the
judgment for a period of 180 days from the 
20date of the judgment. The court
may order a stay of less than 
21180 days (but in no event less than 60
days) if it is shown that 
22the plaintiff, prior to the filing of the action
under Article 
23IX of this Act, granted the defendant previous extensions of

 
 
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1time to pay the amounts due under the contract, or for other 
2good cause
shown. If during such period of stay the defendant 
3pays the entire amount
then due and payable under the terms of 
4the contract other than such
portion of the principal balance 
5due under the contract as would not be
due had no default 
6occurred and costs and, if the contract provides
therefor, 
7reasonable attorney's fees as fixed by the court, and cures
all 
8other defaults then existing, the contract shall remain in 
9force the
same as if no default had occurred. The relief 
10granted to a defendant
by this Section shall not be exhausted 
11by a single use thereof but shall
not be again available with 
12respect to the same contract for a period of
5 years from the 
13date of such judgment. Whenever defendant cures the
default 
14under the contract pursuant to this Section, the defendant may 
15within
the period of stay file a motion to vacate the judgment 
16in the court in
which the judgment was entered, and, if the 
17court, upon the hearing of
such motion, is satisfied that such 
18default has been cured, such
judgment shall be vacated. Unless 
19defendant files such motion to vacate
in the court or the 
20judgment is otherwise stayed, enforcement of the judgment
may 
21proceed
immediately upon the expiration of such period of stay 
22and all rights of the
defendant in and to the premises and in 
23and to the real estate described
in the contract are 
24terminated.
25 Nothing herein contained shall be construed as affecting 
26the right of
a seller of such premises to any lawful remedy or 
 
 
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1relief other than that
provided by Part 1 of Article IX of this 
2Act.

3(Source: P.A. 85-907.)