Bill Text: IL HB5667 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that a person commits false representation concerning real estate title, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document. Provides that a person commits a pattern of making false representations concerning real estate title, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the Attorney General has a private right of action for civil penalties arising from such conduct. Provides that if a person does not correct the false representation within 20 days of a written request to do so, the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning real estate title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5667 Detail]

Download: Illinois-2013-HB5667-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5667 Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED:
735 ILCS 5/15-1109 new
735 ILCS 5/15-1110 new
735 ILCS 5/15-1111 new
Amends the Code of Civil Procedure. Provides that a person commits false representation concerning real estate title, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document. Provides that a person commits a pattern of making false representations concerning real estate title, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the Attorney General has a private right of action for civil penalties arising from such conduct. Provides that if a person does not correct the false representation within 20 days of a written request to do so, the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning real estate title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.
LRB098 18655 HEP 53798 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning foreclosure.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by adding
Sections 15-1109, 15-1110, and 15-1111 as follows:
(735 ILCS 5/15-1109 new)
Sec. 15-1109. False representation concerning real estate
title.
(a) A person commits false representation concerning real
estate title when he or she knowingly as part of any
transaction or legal proceeding pursuant to this Article XV:
(1) claims an interest in, or a lien or encumbrance
against, real estate in a document that is recorded in the
recorder's office in the county in which the real estate is
located and who knows or has reason to know that the
document is forged or groundless, contains a material
misstatement or false claim, or is otherwise invalid;
(2) executes or notarizes a document purporting to
create an interest in or a lien or encumbrance against real
estate that is recorded in the recorder's office in the
county in which the real estate is located and who has
specific knowledge that the document is forged, contains a
material misstatement or false claim, or is otherwise

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invalid; or
(3) causes a document described in paragraph (1) or (2)
to be recorded in the recorder's office in the county in
which the real estate is located and who has specific
knowledge that the document is forged, contains a material
misstatement or false claim, or is otherwise invalid.
(b) A violation of this Section is a Class 4 felony.
(735 ILCS 5/15-1110 new)
Sec. 15-1110. Pattern of false representation concerning
real estate title.
(a) A person commits a pattern of making false
representations concerning real estate title when he or she
knowingly, as part of any transaction or legal proceedings
pursuant to this Article XV, commits one or more violations of
Section 15-1109 in 2 or more transactions:
(1) which have the same or similar pattern, purposes,
results, accomplices, victims, or methods of commission or
are otherwise interrelated by distinguishing
characteristics;
(2) which are not isolated incidents within the
preceding 4 years; and
(3) in which the aggregate loss or intended loss is
more than $250.
(b) A violation of this Section is a Class 3 felony.

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(735 ILCS 5/15-1111 new)
Sec. 15-1111. Civil actions for false representation
concerning real estate title.
(a) In addition to any criminal penalties imposed, a person
who violates Section 15-1109 or 15-1110 of this Code is subject
to a civil penalty of not more than $5,000 for each violation.
This penalty is recoverable in a civil action, brought in the
name of the State by the Attorney General, in the circuit court
in the county in which the real estate is located. In such an
action, the Attorney General may recover reasonable attorney's
fees and costs.
(b) Except as otherwise provided in this subsection, the
owner or holder of the beneficial interest in real estate which
is the subject of a false representation concerning real estate
title may bring a civil action in the circuit court in the
county in which the real estate is located to recover any
damages suffered by the owner or holder of the beneficial
interest plus reasonable attorney's fees and costs. The owner
or holder of the beneficial interest in the real estate must,
before bringing a civil action pursuant to this subsection,
send a written request by first class mail to the person who
made the false representation requesting that the person record
a document which corrects the false representation. If the
person records such a document not later than 20 days after the
date of the written request, the owner or holder of the
beneficial interest may not bring a civil action pursuant to

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this subsection.