Tuesday, February 26, 2013

ILLINOIS RULE 113, MORTGAGE FORECLOSURE LAW


... The narrative of the rule is simple:

Rule 113 . Practice and Procedure in Mortgage Foreclosure Cases

(a)     Applicability of the Rule. 

        The requirements of this rule supplement, but do not replace, the requirements set forth in the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1101 et seq.).

(b)     Supporting Documents for Complaints

        In addition to the documents listed in section 15-1504 of the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1504),

  • a copy of the note, as it currently exists,
  • including all indorsements and allonges, shall be attached to the mortgage foreclosure complaint at the time of filing.

... If there really was no credibility attached to borrowers’ answers (denials), affirmative defenses and counterclaims, it should be dispelled by the fact that many courts around the country are taking action that looks a lot like the defenses and claims presented on this blog. Take a look at Illinois Rule 113. Practice and Procedure in Mortgage Foreclosure Cases at http://www.state.il.us/court/supremecourt/Rules/Art_II/ArtII.htm#113

LIVING LIES GARFIELD FIRMclickHERE

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