Illinois House Bill 174 (Prior Session Legislation)

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Completed Legislative Action
Sponsorship: Partisan Bill (Democrat 2)
Status: Failed on January 8 2013 - 100% progression
Action: 2013-01-08 - Session Sine Die
Text: Latest bill text (Amended) [HTML]

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).

CIV PRO-FORECLOSURE-EVIDENCE

Rep. Mary Flowers [D]

Rep. Monique Davis [D]

Date	Chamber	Action
2013-01-08	House	Session Sine Die
2012-03-30	House	Rule 19(a) / Re-referred to Rules Committee
2012-03-29	House	House Floor Amendment No. 1 Recommends Be Adopted Judiciary I - Civil Law Committee; 006-002-000
2012-03-27	House	Held on Calendar Order of Second Reading - Short Debate
2012-03-27	House	Second Reading - Short Debate
2012-03-21	House	Added Chief Co-Sponsor Rep. Monique D. Davis
2012-03-21	House	House Floor Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
2012-03-09	House	House Floor Amendment No. 1 Referred to Rules Committee
2012-03-09	House	House Floor Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
2012-03-07	House	Placed on Calendar 2nd Reading - Short Debate
2012-03-07	House	Do Pass / Short Debate Judiciary I - Civil Law Committee; 007-003-000
2012-01-30	House	Assigned to Judiciary I - Civil Law Committee
2011-03-17	House	Rule 19(a) / Re-referred to Rules Committee
2011-02-08	House	Assigned to Judiciary I - Civil Law Committee
2011-01-18	House	Referred to Rules Committee
2011-01-18	House	First Reading
2011-01-13	House	Filed with the Clerk by Rep. Mary E. Flowers

Chapter	Article	Section	Citation Type	Statute Text
735	5	15-1401	Amended Code	Citation Text
735	5	15-1402	Amended Code	Citation Text
735	5	15-1506	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=174&GAID=11&DocTypeID=HB&SessionID=84&GA=97
Text	https://www.ilga.gov/legislation/97/HB/09700HB0174.htm
Text	https://www.ilga.gov/legislation/97/HB/09700HB0174ham001.htm