Bill Status of HB 174   97th General Assembly

Short Description:  CIV PRO-FORECLOSURE-EVIDENCE

House Sponsors
Rep. Mary E. Flowers-Monique D. Davis

Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/15-1401from Ch. 110, par. 15-1401
735 ILCS 5/15-1402from Ch. 110, par. 15-1402
735 ILCS 5/15-1506from Ch. 110, par. 15-1506

Synopsis As Introduced
Amends the Code of Civil Procedure. In provisions concerning deeds in lieu of foreclosure, provides that a mortgagee must file an action to confirm the deed in lieu of foreclosure, prove by clear and convincing documentary evidence, other than by oral testimony or affidavit, that the party seeking a judgment to confirm the deed in lieu of foreclosure is the actual, legal mortgagee entitled to bring the action, and obtain a judgment confirming the deed that finds that the mortgagee is entitled to bring the action. In provisions concerning foreclosure by consent and provisions concerning the trial of a foreclosure, provides that a mortgagee must prove by clear and convincing documentary evidence, other than by oral testimony or affidavit, that the party seeking a judgment of foreclosure is the actual, legal mortgagee and is entitled to bring the foreclosure action. In provisions concerning the trial of a foreclosure, provides that where an allegation of fact in the complaint is not denied by a party's verified answer or verified counterclaim or where a party states or is deemed to have stated that it has no knowledge of the allegation sufficient to form a belief and attaches the required affidavit, a sworn verification of the complaint or a separate affidavit setting forth such fact is not sufficient evidence thereof against such party and further evidence of such fact shall be required (rather than that a sworn verification of the complaint or a separate affidavit setting forth such fact is sufficient evidence thereof against such party and further evidence of such fact shall not be required).

Actions 
DateChamber Action
  1/13/2011HouseFiled with the Clerk by Rep. Mary E. Flowers
  1/18/2011HouseFirst Reading
  1/18/2011HouseReferred to Rules Committee
  2/8/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/17/2011HouseRule 19(a) / Re-referred to Rules Committee
  1/30/2012HouseAssigned to Judiciary I - Civil Law Committee
  3/7/2012HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 007-003-000
  3/7/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2012HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  3/9/2012HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/21/2012HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/21/2012HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/29/2012HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 006-002-000
  3/30/2012HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die

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