Illinois Statutes of Limitations

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Illinois Statutes of Limitations Consumer Fraud
Generally: 3 years. 815 ILCS 505/10a(e). If an action is abased in whole or in part on grounds of an action by the Attorney General or State’s Attorney, the 3 year period shall be suspended during the pendency of that action and for 1 year thereafter.

Common Law Fraud
Generally: 5 years. 735 ILCS 5/13-205. Note: These limitation periods may not apply to counterclaims or to set-offs filed in a pending matter. 735 ILCS 5/13-207.

Contracts
Oral (other than claims for breach of sales agreements under the Uniform Commercial Code): 5 years. 735 ILCS 5/13205. Written: 10 years. If any payment or new promise to pay was made during that 10 year period, an action may be commenced 10 years from the date of the new payment or promise. 735 ILCS 5/13-206. Claims for breach of sales agreements under the Uniform Commercial Code: 4 years. 810 ILCS 5/2-725. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

Conversion
Generally: 5 years. 735 ILCS 5/13-205.

Estates
Time to File Claims Against an Estate: The representative of the estate must provide notice of the death of the decedent to each creditor whose name and address are known or are reasonably ascertainable; in these instances, claims may be filed 6 months from the date of the first publication of death, or 3 months from the date of mailing or delivery of the notice of death, whichever is later. 755 ILCS 5/18-3. Limitations on Claims Against Estate of Decedent: See the conditions set forth in 755 ILCS 5/18-12. In any event, all actions will be barred 2 years after the decedent’s death, whether or not death notice has been sent to creditors. Back to Top

Legal Malpractice
Generally: 2 years after knowledge of injury (or should have known), but in no event can the action be commenced more than 6 years from the date on which the injury occurred. 735 ILCS 5/13-214.3. Death: When the injury does not occur until the death of the recipient of legal services, the action may be commenced within 2 years of death. Legal disability (including minority age): Statute does not run until the disability has been removed.

Products Liability
Generally: 12 years from the date of first sale, or 10 years from the date of the first sale to initial user, whichever expires earlier. 735 ILCS 5/13-213(b).

Property Damage
Personal: 5 years. 735 ILCS 5/13-205. Real: 5 years.

Redemption
From Foreclosure on Real Estate: Residential: Redemption period ends on the later of (A) 7 months from the date the mortgagor has been served with summons or by publication or has otherwise submitted to the jurisdiction of the court, OR (B) 3 months from the date of entry of a judgment of foreclosure. 735 ILCS 5/15-1603. Other: Redemption period ends on the later of (A) 6 months from the date the mortgagor has been served with summons or by publication or has otherwise submitted to the jurisdiction of the court, OR (B) 3 months from the date of entry of a judgment of foreclosure. (Other conditions might apply. See 735 ILCS 5/15-1603.) From Judicial sale: 6 months. 735 ILCS 5/12-122. From Creditors: 6 months after the date of the original sale. 735 ILCS 5/12-137.

Deed of Trust - Record of conveyance of real estate to a trustee as security for the repayment of money loaned, showing date; names of grantor, grantee, trustee, and beneficiary; description and amount of note; description and location of property; terms of instrument; maturity; acknowledgement; date filed; and certificate of recorder. The document used in some states instead of a mortgage; title is conveyed to a trustee. Re-recording - The recording of a deed for the second time to correct an error contained in the deed when originally recorded. Also called Confirmation Deed, Correction Deed, or Reformation Deed.

Quitclaim Clients will often call a lawyer’s office and say they need a “quitclaim deed.” The lawyer’s response should almost always be “No, you don’t.” Why? For one reason, a quitclaim is not a true deed at all; it merely conveys whatever interest the grantor may have in a certain property – if he has any interest at all. Secondly, from a practical standpoint, title companies disdain quitclaims and will frequently ask that a true deed be obtained from one or more persons in the property’s history. One does no favor to the chain of title by inserting a quitclaim into it. If a grantor is unable or unwilling to provide any warranties, then a deed without warranties should be used instead of a quitclaim. Correction Deed A correction deed relates back in time to the original deed which contained some sort of error or mutual mistake. The original deed may have been any of the types of deeds discussed above. The correction deed corrects the mistake but leaves the other terms of the conveyance intact. The most common mistake is an error in describing the property. No new consideration is required for a correction deed. Generally, a correction deed should be signed by both grantor and grantee. Corrections deeds are appropriate for correcting errors only. If the parties intend to alter fundamental terms of the original conveyance, then a new instrument – not a correction deed - is required. Here is a sample correction deed clause: “This deed is made as a correction deed (“Correction Deed”) to that certain General Warranty Deed (“Corrected Deed”) dated ____, executed by Grantor herein to Grantee herein, and recorded under Clerk’s File No. ____in the Official Records of Real Property of ____ County, Texas, for the purpose of correcting the following: [eg., error in the property description]. This Correction Deed correctly describes the Property that was intended to be conveyed and should have been conveyed by the Corrected Deed. Other than this stated correction, this Correction Deed is intended to restate in all respects the Corrected Deed, and the effective date of this Correction Deed relates back to the effective date of the Corrected Deed.”

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