Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-11-30 - Postponed - Judiciary [SB3067 Detail]

Text: Latest bill text (Introduced) [HTML]

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