Thursday, November 18, 2010

ATTORNEY GENERAL MADIGAN FILES LEGISLATION IN SPRINGFIELD TO ENSURE INTEGRITY OF FORECLOSURE PROCESS, PROTECT HOMEOWNERS

Via: Foreclosure Blues

(735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)


Sec. 15-1504.

Pleadings and service.

(a) Foundational requirements for affidavits. Every

affidavit filed in a foreclosure proceeding shall include a

detailed description of the basis of the affiant’s claimed

personal knowledge of the facts set forth in the affidavit,

including:

(1) a statement of which specific data systems the

affiant queried in preparing the affidavit, if the affiant

queried data systems in preparing the affidavit;

(2) a detailed factual statement of the basis of the

affiant’s belief that each data system identified

contained accurate information; and

(3) if applicable, a detailed description of the basis

of the affiant’s statement that the attached mortgage and

note are true and correct.

(b) Lost note affidavit. A copy of the mortgage and note

secured thereby shall be attached to the foreclosure complaint.

If any note required to be attached to a complaint filed

pursuant to this subsection (b) cannot be located for filing as

an exhibit, the moving party shall file an affidavit stating

the following:

ILLINOIS AG AFFIDAVIT Final Version Foreclosure Bill11!16!10

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