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  1. #1
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    Aug 2013
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    Default Am I Interpreting This Illinois Law Correctly

    My question involves landlord-tenant law in the State of: Illinois, Cook County

    735 ILCS 5/9-117 states:
    This Section does not apply to any action based upon a breach of a contract entered into on or after July 1, 1962, for the purchase of premises in which the court has entered a stay under Section 9-110; nor shall this Section apply to any action to which the provisions of Section 9-111 apply; nor shall this Section affect the rights of Boards of Managers under Section 9-104.2.

    I am interpreting this as three prohibitions:
    A. This Section does not apply to any action based upon a breach of a contract entered into on or after July 1, 1962, for the purchase of premises in which the court has entered a stay under Section 9-110
    B. nor shall this Section apply to any action to which the provisions of Section 9-111 apply
    C. nor shall this Section affect the rights of Boards of Managers under Section 9-104.2.

    I am wondering about the comma after 1962, if A above has been interpreted as two different prohibitions i.e.
    This Section does not apply to any action:
    A. based upon a breach of a contract entered into on or after July 1, 1962
    B. for the purchase of premises in which the court has entered a stay under Section 9-110
    C. nor shall this Section apply to any action to which the provisions of Section 9-111 apply
    D. nor shall this Section affect the rights of Boards of Managers under Section 9-104.2.

  2. #2
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    Mar 2013
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    Default Re: Am I Interpreting This Illinois Law Correctly

    If you are in Chicago, Chicago has its own landlord tenant code that might apply to your situation.

  3. #3
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    Oct 2014
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    Default Re: Am I Interpreting This Illinois Law Correctly

    Quote Quoting Pascal666
    View Post
    My question involves landlord-tenant law in the State of: Illinois, Cook County

    735 ILCS 5/9-117 states:
    This Section does not apply to any action based upon a breach of a contract entered into on or after July 1, 1962, for the purchase of premises in which the court has entered a stay under Section 9-110; nor shall this Section apply to any action to which the provisions of Section 9-111 apply; nor shall this Section affect the rights of Boards of Managers under Section 9-104.2.

    I am interpreting this as three prohibitions:
    A. This Section does not apply to any action based upon a breach of a contract entered into on or after July 1, 1962, for the purchase of premises in which the court has entered a stay under Section 9-110
    B. nor shall this Section apply to any action to which the provisions of Section 9-111 apply
    C. nor shall this Section affect the rights of Boards of Managers under Section 9-104.2.

    I am wondering about the comma after 1962, if A above has been interpreted as two different prohibitions i.e.
    This Section does not apply to any action:
    A. based upon a breach of a contract entered into on or after July 1, 1962
    B. for the purchase of premises in which the court has entered a stay under Section 9-110
    C. nor shall this Section apply to any action to which the provisions of Section 9-111 apply
    D. nor shall this Section affect the rights of Boards of Managers under Section 9-104.2.
    In terms of reading the sentence, the proper interpretation based strictly on how the sentence is constructed would be the first way you interpreted it: there are three situations listed there for which the section does not apply.

  4. #4
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    Default Re: Am I Interpreting This Illinois Law Correctly

    Not in city of Chicago. I lost a foreclosure case in Cook County. On March 15, 2017, the court issued an "Order Approving Report of Sale and Distribution, Confirming Sale, and Order of Possession".

    735 ILCS 5/9-117 begins:
    No eviction order obtained in an action brought under this Article may be enforced more than 120 days after the order is entered, unless upon motion by the plaintiff the court grants an extension of the period of enforcement of the order.

    It has now been more than 120 days since that order was issued, but my mortgage was signed "after July 1, 1962". I want to confirm that I am reading that statute correctly such that I am not excluded just based upon the date.

    Thank you.

  5. #5
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    Default Re: Am I Interpreting This Illinois Law Correctly

    Quote Quoting Pascal666
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    Sorry adjusterjack, the rules for posting here state "Be Concise - State your question clearly, and omit unnecessary details."
    Yes, omit unnecessary details. Not omit necessary details.

    And you're right. I think the rule should be clarified so people do ask questions based on some detail about what's happening to them. Just seems to be common sense to me.

    Quote Quoting Pascal666
    View Post

    Not in city of Chicago. I lost a foreclosure case in Cook County.
    That was a necessary detail.

    That you lost a foreclosure case means you are looking at the wrong statute. 735 ILCS 5/9 et seq applies to landlord-tenant relationships, not foreclosures. So that section you are asking about shouldn't apply to you.

    The foreclosure statute is 735 ILCS 5/15 et seq and I think the post-foreclosure possessory actions are addressed beginning with 735 ILCS 5/1508:

    http://www.ilga.gov/legislation/ilcs...qEnd=115900000

    If your question involves the bank not having put you out of the house since last March, I have no answer to what the bank might do now.

    Are there more details that you would like to share as to what is happening to you now?

    By the way, please keep all future discussion to this thread and don't open up any new ones on this situation. It only leads to parallel discussions and it's not appreciated here.

  6. #6
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    Default Re: Am I Interpreting This Illinois Law Correctly

    Quote Quoting adjusterjack
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    That you lost a foreclosure case means you are looking at the wrong statute. 735 ILCS 5/9 et seq applies to landlord-tenant relationships, not foreclosures. So that section you are asking about shouldn't apply to you.
    Thank you.
    Quote Quoting adjusterjack
    View Post
    Are there more details that you would like to share as to what is happening to you now?

    By the way, please keep all future discussion to this thread and don't open up any new ones on this situation. It only leads to parallel discussions and it's not appreciated here.
    I was trying to separate threads based upon expertise. This one was simply statutory construction that a lot more people are able to answer, as opposed to appeal and foreclosure specific knowledge required to answer my other questions:
    https://www.expertlaw.com/forums/sho...d.php?t=228021
    https://www.expertlaw.com/forums/sho...d.php?t=228044
    I'm still waiting on an answer to my last post in the former, if you know how a granted motion to extend the time for petitioning for rehearing affects the 35 days for a Rule 315 petition.

    I'd be happy to go into pages of details, but unless you enjoy reading about foreclosure cases, I think that would probably be a waste of everybody's time.

  7. #7
    Join Date
    Oct 2006
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    16,200

    Default Re: Am I Interpreting This Illinois Law Correctly

    There is a huge difference between giving a brief one or two paragraphs that explain what you are dealing with, and writing pages of details. There is a huge difference between zero context, and unnecessary details. Much of how law is interpreted depends on context.

    Also, on this forum most of the volunteers respond or at least read in all categories. Therefore you general get the best advise when you keep all of your questions about one situation, in the same thread.

  8. #8
    Join Date
    Aug 2013
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    Default Re: Am I Interpreting This Illinois Law Correctly

    Thank you, that makes sense. Perhaps you will find something in the below that would be of help.

    CitiMortgage filed a foreclosure against me in 2009. I filed a Chapter 7 bankruptcy in 2010, received a discharge in 2011, and a HAMP modification in 2014 that ended the foreclosure. Shortly thereafter my servicer was switched to Seterus. They failed to follow the HAMP requirements and Fannie Mae filed another foreclosure against me in 2016. I lost that foreclosure in 2017, but appealed. I've been too sick to complete my appellant's brief, so the appeal was dismissed for want of prosecution. When the sheriff showed up to evict me on December 26, 2017, they could not do so because I have a tenant that was not listed on the foreclosure. I'm expecting Fammie Mae to file an eviction case against her at any time.

    I guess at this point my goals are:
    Find a way to keep us from being evicted
    If possible, continue my appeal
    Figure out a way to punish the Cook County Sheriff for violating General Order 2017-01 http://chicagoeviction.com/2017/12/e...ium-announced/
    Figure out a way to punish Fannie Mae/Seterus for violating the HAMP agreement

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