(Wheeler, Keith; R-North Aurora) provides upon signing and dating the disclosure report, the prospective buyer accepts and acknowledges that the prospective buyer has received the residential real property disclosure report form in its entirety, including the disclosure report and a copy of the Act. Scheduled for hearing in House Judiciary Committee March 8.
(McDermed, R-Frankfort) provides an owner, contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights unless the claimant executes and delivers a waiver and release under specified conditions and in conformance with a statutory form. Includes some exceptions. Scheduled for hearing in House Judiciary Committee March 8.
(Mitchell, R-Decatur) requires that a specified notice to creditors be delivered to the Illinois Department of Healthcare and Family Services, at the Bureau of Collections at the Chicago office of the Department, if the decedent was 55 years of age or older or resided in a nursing facility or other medical institution. Requires that a copy of the petition to admit the will to probate or for letters of administration and the decedent's social security number and date of birth be attached to the notice delivered to the Department. It was just introduced.
In a mortgage foreclosure action, a mortgage assignee's lack of a license to conduct business of residential mortgage lending was not a basis to invalidate the assignment. Thus, court erred in concluding that assignee lacked standing to pursue foreclosure, denied confirmation of foreclosure sale, and dismissed foreclosure action. (HALL and REYES, concurring.)
(Oberweis, R-Sugar Grove) provides that the notice to parties in a contested case under the Act shall be served, among other forms of service, by electronic mail. Provides that parties in a contested case under the Act shall be notified, among other forms of notification, by electronic mail of any decision or order in that case.
Provides that an agency may require all attorneys to designate an electronic mail address to which all documents required under certain specified sections may be transmitted. Provides that if an attorney is required to designate an electronic mail address, he or she must designate one primary electronic mail address, and may designate no more than two secondary electronic mail addresses.
Provides that an agency may request, but not require, an unrepresented party to designate an electronic mail address to which all documents required under certain specified sections may be transmitted.
Allows an agency to, by rule, make electronic mail the default option for service of documents. Provides that service by electronic mail is complete on the first business day following transmission. It has just been introduced.
(Guzzardi, D-Chicago) repeals this Act. It has just been introduced.
(Barickman, R-Bloomington) provides a means for correcting inadvertent failures to correctly name necessary parties in actions for administrative review, which are called misnomers.
(1) It amends the Administrative Procedure Act (APA) to mandate that final administrative orders list all of the parties of record together with their last known address of record. The final order must also include whether there are any agency rules requiring a motion for reconsideration as a part of obtaining a reviewable final administrative decision and, if so, the rules citation.
(2) It amends the ARL to prohibit an action for administrative review to be dismissed for lack of jurisdiction based on the misnomer of any agency that is properly served with summons issued in the action within the applicable time limits. It also prohibits dismissal for failure to perfectly name an agent if a timely action of administrative review has been filed that identifies the final administrative decision under review and makes a good faith effort to properly name the administrative agency.
(3) It amends the ARL to allow a court to correct misnomers for an erroneous identification of the administrative agency.
Senate Bill 584 passed out of Senate Judiciary Committee yesterday but will receive some tweaking amendments.
After court entered judgment of foreclosure, Defendant argued that mortgage was void because original lender was not licensed at time loan was originated pursuant to Residential Mortgage License Act of 1987. There is no public policy requiring that mortgage contracts be held void when an entity is not licensed pursuant to the License Act. Thus, court properly entered judgment of foreclosure and order approving sale in mortgage foreclosure action. (GORDON and LAMPKIN, concurring.)
Condo association filed forcible entry and detainer action against Defendant, alleging breach of contract, for failure to pay her condominium assessments. Court entered order for possession, and then entered judgment for Plaintiff. Unit was then foreclosed upon by bank. As condo association pursued contract theory of recovery, instead of statutory theory of recovery under Condominium Property Act or Forcible Entry and Detainer Act, it cannot avail itself of any attorney fee remedies permitted under those acts. As Plaintiff failed to identify any written instrument or contract providing for its recovery of attorney fees, court properly denied Plaintiff's petition for attorney's fees. (HOFFMAN and CUNNINGHAM, concurring.)