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Full Text of SB2951
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SB2951 - 104th General Assembly
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House Amendment 001
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Introduced
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House Amendment 001
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SB2951 Enrolled
LRB104 20377 JRC 33834 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Code of Civil Procedure is amended by
5
changing Sections 13-115 and 13-206 as follows:
6
(735 ILCS 5/13-115)
(from Ch. 110, par. 13-115)
7
Sec. 13-115.
Foreclosure of mortgage.
No person shall
8
commence an action or make a sale to foreclose any mortgage or
9
deed of trust in the nature of a mortgage, unless within 10
10
years after the right of action or right to make such sale
11
accrues.
Any indebtedness of any kind that is secured by a
12
mortgage or deed of trust in the nature of a mortgage shall
13
also have a 10-year period to commence an action.
14
(Source: P.A. 82-280.)
15
(735 ILCS 5/13-206)
(from Ch. 110, par. 13-206)
16
Sec. 13-206.
Ten year limitation.
Except as provided in
17
Section 2-725 of the "Uniform Commercial Code", actions on
18
bonds, promissory notes, bills of exchange, written leases,
19
written contracts,
any indebtedness of any kind that is
20
secured by a mortgage,
or other evidences of indebtedness in
21
writing and actions brought under the Illinois Wage Payment
22
and Collection Act shall be commenced within 10 years next
SB2951 Enrolled
- 2 -
LRB104 20377 JRC 33834 b
1
after the cause of action accrued; but if any payment or new
2
promise to pay has been made, in writing, on any bond, note,
3
bill, lease, contract, or other written evidence of
4
indebtedness, within or after the period of 10 years, then an
5
action may be commenced thereon at any time within 10 years
6
after the time of such payment or promise to pay. For purposes
7
of this Section, with regard to promissory notes dated on or
8
after the effective date of this amendatory Act of 1997, a
9
cause of action on a promissory note payable at a definite date
10
accrues on the due date or date stated in the promissory note
11
or the date upon which the promissory note is accelerated.
12
With respect to a demand promissory note dated on or after the
13
effective date of this amendatory Act of 1997, if a demand for
14
payment is made to the maker of the demand promissory note, an
15
action to enforce the obligation of a party to pay the demand
16
promissory note must be commenced within 10 years after the
17
demand. An action to enforce a demand promissory note is
18
barred if neither principal nor interest on the demand
19
promissory note has been paid for a continuous period of 10
20
years and no demand for payment has been made to the maker
21
during that period.
22
(Source: P.A. 95-209, eff. 8-16-07.)
23
Section 99.
Effective date.
This Act takes effect upon
24
becoming law.
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