IL SB3067

Foreclosure complaints must include copies of documents demonstrating plaintiff's legal standing as the holder of indebtedness, pledgee, agent, trustee under a trust deed, or other legally entitled capacity (new Exhibit C requirement).

Evidence supporting foreclosure complaints must be presented in open court, except when allegations are undenied in verified answers or counterclaims, eliminating the prior standard allowing defendants to claim insufficient knowledge.

Courts may (rather than shall) enter foreclosure judgments based solely on an affidavit stating the amount due, requiring more judicial discretion in summary proceedings.

Foreclosure judgments must include specific findings of fact about plaintiff's capacity to bring the action and a determination of whether that capacity legally entitles plaintiff to proceed, when plaintiff is not the original mortgagee.

Evidence of the legal holder's identity, the indebtedness itself, and the mortgage must be marked as exhibits and filed with the court in all cases.