Bill Text: IL HB4122 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4122 Detail]
Download: Illinois-2013-HB4122-Amended.html
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1 | AMENDMENT TO HOUSE BILL 4122
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2 | AMENDMENT NO. ______. Amend House Bill 4122 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | adding Sections 15-1109, 15-1110, and 15-1111 as follows:
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6 | (735 ILCS 5/15-1109 new) | ||||||
7 | Sec. 15-1109. False representation concerning real estate | ||||||
8 | title. | ||||||
9 | (a) A person commits false representation concerning real | ||||||
10 | estate title when he or she knowingly as part of any | ||||||
11 | transaction or legal proceeding pursuant to this Article XV: | ||||||
12 | (1) claims an interest in, or a lien or encumbrance | ||||||
13 | against, real estate in a document that is recorded in the | ||||||
14 | recorder's office in the county in which the real estate is
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15 | located and knows or has reason to know that the document | ||||||
16 | is forged or groundless, contains a material misstatement |
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1 | or false claim, or is otherwise invalid; | ||||||
2 | (2) executes or notarizes a document purporting to | ||||||
3 | create an interest in or a lien or encumbrance against real | ||||||
4 | estate that is recorded in the recorder's office in the | ||||||
5 | county in which
the real estate is located and has specific | ||||||
6 | knowledge that the document is forged, contains a material | ||||||
7 | misstatement or false claim, or is otherwise invalid; or | ||||||
8 | (3) causes a document described in paragraph (1) or (2) | ||||||
9 | to be recorded in the recorder's office in the county in | ||||||
10 | which the
real estate is located and has specific knowledge | ||||||
11 | that the document is forged, contains a material | ||||||
12 | misstatement or false claim, or is otherwise invalid. | ||||||
13 | (b) A violation of this Section is a Class 4 felony.
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14 | (735 ILCS 5/15-1110 new) | ||||||
15 | Sec. 15-1110. Pattern of false representation concerning | ||||||
16 | real estate title. | ||||||
17 | (a) A person commits a pattern of making false | ||||||
18 | representations concerning real estate title when he or she | ||||||
19 | knowingly, as part of any transaction or legal proceedings | ||||||
20 | pursuant to this Article XV, commits one or more violations of | ||||||
21 | Section 15-1109 in 2 or more transactions: | ||||||
22 | (1) which have the same or similar pattern, purposes, | ||||||
23 | results, accomplices, victims, or methods of commission or | ||||||
24 | are otherwise interrelated by distinguishing | ||||||
25 | characteristics; |
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1 | (2) which are not isolated incidents within the | ||||||
2 | preceding 4 years; and | ||||||
3 | (3) in which the aggregate loss or intended loss is | ||||||
4 | more than $250. | ||||||
5 | (b) A violation of this Section is a Class 3 felony.
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6 | (735 ILCS 5/15-1111 new) | ||||||
7 | Sec. 15-1111. Civil actions for false representation | ||||||
8 | concerning real estate title. | ||||||
9 | (a) In addition to any criminal penalties imposed, a person | ||||||
10 | who violates Section 15-1109 or 15-1110 of this Code is subject | ||||||
11 | to a civil penalty of not more than $5,000 for each violation. | ||||||
12 | This penalty is recoverable in a civil action, brought in the | ||||||
13 | name of the State by the Attorney General, in the circuit court | ||||||
14 | in the county in which the real estate is located. In such an | ||||||
15 | action, the Attorney General may recover reasonable attorney's | ||||||
16 | fees and costs. | ||||||
17 | (b) Except as otherwise provided in this subsection, the | ||||||
18 | owner of or holder of the beneficial interest in real estate | ||||||
19 | which is the subject of a false representation concerning real | ||||||
20 | estate title may bring a civil action in the circuit court in | ||||||
21 | the county in which the real estate is located to recover any | ||||||
22 | damages suffered by the owner or holder of the beneficial | ||||||
23 | interest plus reasonable attorney's fees and costs. The owner | ||||||
24 | of or holder of the beneficial interest in the real estate | ||||||
25 | must, before bringing a civil action pursuant to this |
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1 | subsection, send a written request by first class mail to the | ||||||
2 | person who made the false representation requesting that the | ||||||
3 | person record a document which corrects the false | ||||||
4 | representation. If the person records such a document not later | ||||||
5 | than 20 days after the date of the written request, the owner | ||||||
6 | or holder of the beneficial interest may not bring a civil | ||||||
7 | action pursuant to this subsection. ".
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