SB 1134

Abstract

Amends the Code of Civil Procedure. Makes a technical change in a Section regarding the short title of the Article concerning mortgage foreclosures. Senate Committee Amendment No. 1 Deletes reference to: 735 ILCS 5/15-1101 Adds reference to: 735 ILCS 5/15-1503 from Ch. 110, par. 15-1503 Replaces everything after the enacting clause. Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that if any defendant cannot be personally served with a summons and complaint but is served by publication, it is the duty of the plaintiff or his or her representative to mail to each defendant listed on the filed Affidavit for Service by Publication a copy of the published notice by first-class mail, addressed to each defendant whose place of residence is stated on the affidavit. Provides that an affidavit of the plaintiff or his or her representative stating that he or she has mailed the copy of the notice is evidence that he or she has done so. Senate Floor Amendment No. 2 Deletes reference to: 735 ILCS 5/15-1101 Adds reference to: 735 ILCS 5/2-206 from Ch. 110, par. 2-206 Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Provides that if, in any action brought under the Judicial Foreclosure Article, a plaintiff files an affidavit showing that the defendant resides outside of or has left the State, or on due inquiry cannot be found, or is concealed within the State so that process cannot be served upon him or her, and stating the place of residence of the defendant or that the place of residence of the defendant cannot be ascertained, the plaintiff shall cause publication to be made in some newspaper published in the county in which the action is pending or, under certain circumstances, in a newspaper published in an adjoining county. Provides that the plaintiff shall, within 10 days of the first publication of the notice, send a copy by mail, addressed to each defendant whose place of residence is stated in the affidavit. House Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: Provides that the clerk of the court (rather than the plaintiff) shall, within 10 days of the first publication of the notice, send a copy of the notice by mail to each defendant whose place of residence is stated in the affidavit. Makes a corresponding change.