225 ILCS 454/20-90
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 454/ - Real Estate License Act of 2000.|Article 20 - Disciplinary Provisions

(Section scheduled to be repealed on January 1, 2030)Sec. 20-90. Collection from Real Estate Recovery Fund; procedure.(a) No action for a judgment that subsequently results in a post-judgment order for  collection from the  Real Estate Recovery Fund shall be started later than 2 years after the date on  which the aggrieved  person knew, or through the use of reasonable diligence should have known, of  the acts or  omissions giving rise to a right of recovery from the Real Estate Recovery  Fund.(b) When any aggrieved person commences action for a judgment that may  result in  collection from the Real Estate Recovery Fund, the aggrieved person must name  as parties  defendant to that action any and all licensees, their  employees, or independent contractors who allegedly committed or are responsible for acts or omissions  giving rise to a right  of recovery from the Real Estate Recovery Fund.  Failure to name as parties  defendant such  licensees, their employees, or independent contractors shall preclude recovery  from the Real Estate  Recovery Fund of any portion of any judgment received in such an action. These parties defendant shall also include any corporations, limited  liability companies,  partnerships, registered limited liability partnership, or other business  associations licensed under this Act that may be  responsible for acts giving rise to a right of recovery from the Real Estate  Recovery Fund.(c) (Blank).(d) When any aggrieved person commences action for a judgment that may  result in  collection from the Real Estate Recovery Fund, and the aggrieved person is unable to obtain legal  and proper service upon the parties defendant licensed under this Act under the provisions of Illinois law concerning service of  process in civil actions, the aggrieved person may petition the court where the action to obtain  judgment was begun for an order to allow service of legal process on the Secretary. Service of  process on the Secretary shall be taken and held in that court to be as valid and binding as if  due service had been made upon the parties defendant licensed under this Act. In case any process mentioned in this Section is  served upon the Secretary, the Secretary shall forward a copy of the  process by certified  mail to the licensee's last address on record with the Department. Any judgment obtained  after service of  process on the Secretary under this Act shall apply to and be enforceable  against the Real  Estate Recovery Fund only. The Department may intervene in and defend any such action.(e) (Blank).(f) The aggrieved person shall give written notice to the Department within 30 days of  the entry of any  judgment that may result in collection from the Real Estate Recovery Fund. The  aggrieved person shall provide the Department with 20 days prior written notice of all  supplementary  proceedings so as to allow the Department to intervene and participate in all efforts to collect on the  judgment in the same manner as any party.(g) When any aggrieved person recovers a valid judgment in any court of  competent  jurisdiction in an action in which the court has found the aggrieved person to be injured or otherwise damaged by any licensee or an unlicensed employee of any licensee as a result of  fraud, misrepresentation, discrimination, or deceit or intentional violation of this Act by the licensee or the unlicensed employee of the licensee, the aggrieved person may,  upon the termination  of all proceedings, including review and appeals in connection with the  judgment, file a verified  claim in the court in which the judgment was entered and, upon 30 days' written  notice to the Department,  and to the person against whom the judgment was obtained, may apply to the  court for a post-judgment order  directing payment from the Real Estate Recovery Fund of the amount unpaid  upon the judgment,  not including interest on the judgment, and subject to the limitations stated  in Section 20-85 of this  Act.  The aggrieved person must set out in that verified claim and subsequently prove at an  evidentiary hearing to be  held by the court upon the application that the claim meets all requirements of Section 20-85 and this Section to be eligible for payment from the Real Estate Recovery Fund. The aggrieved party shall be required to  show that the  aggrieved person:(1) Is not a spouse of the debtor or debtors or the     personal representative of such spouse.(2) Has complied with all the requirements of this     Section.(3) Has obtained a judgment stating the amount     thereof and the amount owing thereon, not including interest thereon, at the date of the application.(4) Has shown evidence of the amount of attorney's     fees sought to be recovered and the reasonableness of those fees up to the maximum allowed pursuant to Section 20-85 of this Act. An affidavit from the aggrieved party's attorney shall be sufficient evidence of the attorney's fees incurred.(h) If, after conducting the evidentiary hearing required under this Section, the court finds the aggrieved party has satisfied the requirements of Section 20-85 and this Section, the court shall, in a post-judgment order directed to the Department, order payment from  the Real Estate  Recovery Fund in the amount of the unpaid balance of the aggrieved party's judgment subject   to and in  accordance with the limitations contained in Section 20-85 of this Act.(i) If the Department pays from the Real Estate Recovery Fund any amount in  settlement of a claim  or toward satisfaction of a judgment against any licensee  or an unlicensed  employee of a licensee, the licensee's license shall be automatically revoked  upon the issuance of a  post-judgment order authorizing payment from the Real Estate Recovery Fund.  No  petition for restoration of  a license shall be heard until repayment has been made in full, plus interest  at the rate prescribed in  Section 12-109 of the Code of Civil Procedure of the amount paid from  the Real Estate Recovery Fund on their account, notwithstanding any provision to the contrary in Section 2105-15 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. A discharge in bankruptcy shall  not relieve a  person from the penalties and disabilities provided in this subsection (i).(j) If, at any time, the money deposited in the Real Estate Recovery Fund is  insufficient to  satisfy any duly authorized claim or portion thereof, the Department shall, when  sufficient money has been  deposited in the Real Estate Recovery Fund, satisfy such unpaid claims or  portions thereof, in the  order that such claims or portions thereof were originally filed, plus  accumulated interest at the rate  prescribed in Section 12-109 of the Code of Civil Procedure, provided that amount does not exceed the limits set forth in rules adopted by the Department.  (Source: P.A. 101-357, eff. 8-9-19.)