CIV PRO-FORECLOSE-FRAUD-FELONY
Summary
Amends the Code of Civil Procedure. Provides that a person commits false representation concerning title to real estate, a Class 4 felony, when he or she knowingly, as part of any transaction or legal proceeding under the Mortgage Foreclosure Article of the Code, claims an interest in real estate or executes, notarizes, or records a fraudulent real estate document and that a person commits a pattern of making false representations concerning title to real estate, a Class 3 felony, by committing false representation concerning title to real estate in 2 or more instances with a similar pattern or purpose which are not isolated incidents within the preceding 4 years and in which the aggregate loss or intended loss is more than $250. Provides that the Attorney General has a private right of action for civil penalties arising from such conduct. Provides that a private cause of action for the owner or holder of the beneficial interest in real estate which is the subject of a false representation concerning title may bring a civil action in the circuit court in the county in which the real estate is located to recover damages suffered by the owner or holder of the beneficial interest plus reasonable attorney's fees.
Bill status
failed
3 of 5 stages cleared
Introduction
May 2012
Committee Review
May 2012
House Passage
May 2012
Senate Passage
Governor
Introduced May 10, 2012
Last action Jan 8, 2013
Floor votes · House May 10, 2012
How they voted
50–43
Passed · 4 other
Total votes 97
May 10, 2012
D
Democratic51
96% Yea
R
Republican46
93% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
40
Key actions
5
Committee
9
Amendments
4
May 10, 2012
Committee
Referred to Assignments
upper
May 10, 2012
Introduced
Arrive in Senate
upper
May 10, 2012
Amended
House Floor Amendment No. 2 Tabled Pursuant to Rule 40
lower
May 10, 2012
Lower · Passed
House Floor Amendment No. 1 Adopted by Voice Vote
lower
May 10, 2012
House · Passed
House Vote: pass (50-43-4)
house
Apr 30, 2012
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
lower
Apr 27, 2012
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Apr 27, 2012
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard
lower
Apr 24, 2012
Lower · Passed
Approved for Consideration Rules Committee; 004-000-000
lower
Mar 30, 2012
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Mar 27, 2012
Committee
House Floor Amendment No. 1 Referred to Rules Committee
lower
Mar 27, 2012
Introduced
House Floor Amendment No. 1 Filed with Clerk by Rep. Constance A. Howard
lower
Mar 8, 2012
Lower · Passed
Do Pass / Short Debate Judiciary II - Criminal Law Committee; 009-000-000
lower
Feb 27, 2012
Committee
Assigned to Judiciary II - Criminal Law Committee
lower
Feb 16, 2012
Committee
Referred to Rules Committee
lower
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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