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Illinois Supreme Court Adds New Rules Regarding Mortgage Foreclosure Cases effective May 1, 2013

03.11.13

On February 22, 2013, the Illinois Supreme Court adopted three new rules, effective March 1, 2013, which affect mortgage foreclosure cases. On February 28, 2013, the Illinois Supreme Court amended the effective date of Rules 113 and 114 to May 1, 2013. The rules are meant to addresses abuses and uncertainty in mortgage foreclosure cases by providing mortgagors with important information about the foreclosure process and loss mitigation alternatives. Additionally, the new Rules create standardized requirements for plaintiffs in mortgage foreclosure cases in an attempt to avoid questionable foreclosure practices as reported in the media. First, Rule 113 addresses procedures related to mortgage foreclosure cases. These new procedures include, among other things: attaching a current copy of the note with all endorsements and allonges to the complaint; providing detailed prove-up affidavits that include information about the payment history and computer software used to track payments; providing a form notice of the entry of a judgment of foreclosure by default; additional notice requirements for foreclosure sales; providing special notice when a foreclosure sale results in surplus funds; and effectuating service on representatives of deceased mortgagors. Secondly, Rule 114 requires mortgagees to provide an affidavit for loss mitigation efforts available and attempted on residential mortgage loans, but a similar affidavit may be needed for commercial loans as well.   Finally, Rule 99.1 provides standardized requirements for any Illinois judicial circuit that implements mortgage foreclosure mediation programs or seeks to continue operating an existing mediation program. 

 

Please find a more detailed description of this legislation here. If you would like more information about this Act and its impact on your business, please contact Kevin Hunt at khunt@stahlcowen.com or 312.377.7764.