Illinois Modifies Foreclosure Provisions
Illinois has amended its provisions regarding notice of foreclosure. These provisions are effective immediately.
Under the previous provision, the failure to send a copy of the notice of foreclosure to the alderman for the ward in which the real estate is located resulted in a dismissal without prejudice of the complaint.
Under the new provision, failure to send notice to the alderman shall result in a stay of the foreclosure action on a motion of a party or the court. A stay of the foreclosure action by an order of the court requires the plaintiff to send the notice by certified mail, return receipt requested, or by private carrier that provides proof of delivery. The plaintiff then must provide proof of delivery to the court. The court shall then lift the stay of the foreclosure action.
For the full text of Senate Bill 169, please refer to http://www.ilga.gov/legislation/publicacts/101/PDF/101-0399.pdf.
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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