Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2080 Detail]

Text: Latest bill text (Introduced) [HTML]

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