Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

 Bill Status of SB0192  100th General Assembly


Short Description:  FORECLOSURE-BURDEN OF PROOF

Senate Sponsors
Sen. Pamela J. Althoff

Last Action
DateChamber Action
  1/18/2017SenateReferred to Assignments

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


Synopsis As Introduced
Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that in the trial of a foreclosure, the mortgagee establishes a prima facie case for foreclosure once the following evidence has been offered and admitted: (1) the mortgage at issue in the case; and (2) the note at issue in the case. Provides that the mortgagee is not required to present further evidence in order to establish a prima facie case of foreclosure, and once a prima facie case of foreclosure has been established by the mortgagee, the burden of proof and of presenting evidence shifts to the mortgagor to prove the amount owed on the note, payment, and any affirmative defense the mortgagor claims. Provides that failure of the mortgagor to present evidence of the amount owed on the note shall constitute a waiver of that issue, regardless of any contrary pleadings, and the mortgagee shall thereafter have the burden of presenting evidence of the amount due on the note. Provides that if the burden of presenting evidence regarding the amount owed on the note shifts back to the mortgagee because of the mortgagor's failure to present such evidence, the amount owed on the note shall be proven by affidavit. Provides that if the mortgagor presents evidence of the amount owed on the note, the mortgagee may present evidence in rebuttal, and this rebuttal evidence must be taken in open court.

Actions 
DateChamber Action
  1/18/2017SenateFiled with Secretary by Sen. Pamela J. Althoff
  1/18/2017SenateFirst Reading
  1/18/2017SenateReferred to Assignments

Back To Top