CIV PRO-FORECLOSURE CLEAR EVID

Amends the Code of Civil Procedure. Provides that a mortgagor and mortgagee may agree on a termination of the mortgagor's interest in the mortgaged real estate after a default by a mortgagor provided that the mortgagee must prove by clear and convincing documentary evidence, other than by oral testimony or affidavit, that the mortgagee is the actual mortgagee legally entitled to receive a deed in lieu of foreclosure (instead of after a default by a mortgagor). Provides that in a foreclosure action, the mortgagee must prove by clear and convincing documentary evidence, other than by oral testimony or affidavit, that the mortgagee is the actual mortgagee legally entitled to bring the action.