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IL HB4141
Bill
Status
2/27/2009
Primary Sponsor
Marlow Colvin
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AI Summary
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Redefines "mortgagee" to mean only the holder of indebtedness or obligee of non-monetary obligation secured by a mortgage and successors, removing language allowing persons designated or authorized to act on behalf of the holder.
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Requires foreclosure complaints to include a statement of the plaintiff's capacity (legal holder of indebtedness or trustee under trust deed) and attach copies of all documents demonstrating the plaintiff is the mortgagee as defined in the Act.
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Modifies evidence standards for foreclosure judgments to require verification of complaint or affidavit for undenied allegations, and removes provision allowing statements that a party has insufficient knowledge to form a belief.
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Requires judgments to include tangible evidence showing who holds the indebtedness, the indebtedness itself, and the mortgage being foreclosed.
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For non-original mortgagees, requires specific findings of fact in the judgment concerning the plaintiff's capacity to bring the foreclosure action and a determination of whether that capacity legally entitles the plaintiff to proceed.
Legislative Description
CIV PRO-FORECLOSURE ASSIGNMNT
Last Action
Rule 19(a) / Re-referred to Rules Committee
4/3/2009