Bill Status of SB 3067   96th General Assembly


Short Description:  CIV PRO-FORECLOSURE JUDGMENT

Senate Sponsors
Sen. Jacqueline Y. Collins-Ira I. Silverstein

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 also include 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. Provides that for a foreclosure judgment, evidence to support the complaint's allegations shall be taken in open court except 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). Provides that the court may (instead of shall) enter a judgment upon receipt of an affidavit stating the amount due the mortgagee. Provides that a foreclosure judgment shall also state, 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. Provides that evidence of the identity of the legal holder of the indebtedness and the indebtedness itself (instead of indebtedness) shall be marked as exhibits. Effective immediately.

Actions 
DateChamber Action
  2/8/2010SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  2/8/2010SenateFirst Reading
  2/8/2010SenateReferred to Assignments
  2/24/2010SenateAssigned to Judiciary
  3/8/2010SenateRule 3-9(a) / Re-referred to Assignments
  11/18/2010SenateRe-assigned to Judiciary
  11/18/2010SenateRule 2-10 Committee/3rd Reading Deadline Established As January 11, 2011
  11/29/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  11/29/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  11/29/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  11/30/2010SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  11/30/2010SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  11/30/2010SenatePostponed - Judiciary
  1/2/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  1/2/2011SenateSenate Committee Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
  1/12/2011SenateSession Sine Die

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