IL SB2080 | 2011-2012 | 97th General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Failed on January 8 2013 - 100% progression
Action: 2013-01-08 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Code of Civil Procedure. Provides that a foreclosure complaint shall include a copy of all documents that demonstrate the capacity (instead of a statement of the capacity) in which the plaintiff brings the foreclosure (such as legal holder of the indebtedness, pledgee, agent, trustee under a trust deed, or otherwise). Provides that at a foreclosure trial, an allegation of fact that is not denied (instead of not denied or if the party has no knowledge to form a belief as to the truth of the allegation) must be proved by a verified complaint or separate affidavit. Provides that a foreclosure judgment shall include: tangible evidence of the indebtedness, who holds the indebtedness and, if the plaintiff is not the original mortgagee, specific findings of fact concerning the plaintiff's capacity to bring the foreclosure action and a determination of whether this capacity legally entitles the plaintiff to bring the action. Effective immediately.

Tracking Information

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Title

FORECLOSURE-PETITION-JUDGMENT

Sponsors


History

DateChamberAction
2013-01-08SenateSession Sine Die
2011-03-18SenateRule 3-9(a) / Re-referred to Assignments
2011-03-17SenatePostponed - Financial Institutions
2011-03-02SenateAssigned to Financial Institutions
2011-02-10SenateReferred to Assignments
2011-02-10SenateFirst Reading
2011-02-10SenateFiled with Secretary by Sen. Jacqueline Y. Collins

Code Citations

ChapterArticleSectionCitation TypeStatute Text
735515-1504Amended CodeCitation Text
735515-1506Amended CodeCitation Text

Illinois State Sources


Bill Comments

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