Illinois General Assembly - Bill Status for HB6951
Illinois General Assembly

Previous General Assemblies

 Bill Status of HB6951  96th General Assembly


Short Description:  CIV PRO-FORECLOSURE AFFIDAVIT

House Sponsors
Rep. Marlow H. Colvin - Mary E. Flowers - Cynthia Soto

Last Action
DateChamber Action
  1/11/2011HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/15-1502.10 new
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 as a condition precedent to initiating foreclosure on residential real estate, a plaintiff shall comply with the requirements of any applicable federal, State, local, or contractual loss mitigation program, and if no program results in a modification of the mortgage, the plaintiff shall review the mortgage under the other programs utilized by the plaintiff. Provides that each affidavit filed in a foreclosure proceeding must include a detailed description of the affiant's claimed personal knowledge. Provides that if a note that is required to be attached to the foreclosure complaint is missing, the moving party must file a detailed affidavit about the efforts to locate the note and the note's terms and riders. Provides that each foreclosure complaint shall include a loss mitigation affidavit describing what steps, in any, were taken by the plaintiff to assess the mortgage loan's eligibility for modification under designated federal programs. Provides that a foreclosure judgment shall include a finding by the court that the plaintiff complied with applicable federal, State, or local loss mitigation requirements, or that there are no such applicable requirements. Provides that if the plaintiff has not complied with such a program that the proceedings shall be stayed until the court determines that the plaintiff has complied. Effective immediately.

Actions 
DateChamber Action
  11/16/2010HouseFiled with the Clerk by Rep. Marlow H. Colvin
  11/16/2010HouseFirst Reading
  11/16/2010HouseReferred to Rules Committee
  11/29/2010HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  11/29/2010HouseAdded Chief Co-Sponsor Rep. Cynthia Soto
  1/11/2011HouseSession Sine Die

Back To Top