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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.Every fact on this page links to its source, starting with the official bill record.