Bill Status of SB 2443   96th General Assembly

Short Description:  CIV PRO-FORECLOSURE ASSIGNMNT

Senate Sponsors
Sen. Jacqueline Y. Collins-Linda Holmes

Last Action  View All Actions

DateChamber Action
  1/12/2011SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/15-1504from Ch. 110, par. 15-1504
735 ILCS 5/15-1506from Ch. 110, par. 15-1506

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that a foreclosure complaint shall include 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, along with copies of documents upon which the plaintiff relies and which show the plaintiff to be the legal holder of the indebtedness, a pledgee, an agent, the trustee under a trust deed or otherwise (instead of a statement of the capacity in which the plaintiff brings the foreclosure and indicates whether plaintiff is the legal holder of the indebtedness, a pledgee, an agent, the trustee under a trust deed or otherwise). Provides that a foreclosure judgment shall include: allegations of fact in the complaint that are not denied by the verified answer or counterclaim (instead of not denied by the verified answer or counterclaim or where the defendant states in an affidavit that he or she has no knowledge sufficient to form a belief) are sufficient evidence thereof; the last date for redemption; court rulings as to each request for relief; tangible evidence of who holds the indebtedness, the indebtedness, and the mortgage foreclosed (instead of the indebtedness and the mortgage foreclosed) shall be exhibited to and filed with the court; 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 (instead of a foreclosure judgment shall include the last date for redemption and court rulings as to each request for relief). Effective immediately.

Actions 
DateChamber Action
  3/24/2009SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  3/24/2009SenateFirst Reading
  3/24/2009SenateReferred to Assignments
  2/10/2010SenateAssigned to Financial Institutions
  2/10/2010SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  3/3/2010SenateTo Financial Institutions Subcommittee on Mortgages
  3/8/2010SenateRule 3-9(a) / Re-referred to Assignments
  1/12/2011SenateSession Sine Die

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