CIV PRO-FORECLOSURE JUDGMENT
Summary
Amends the Code of Civil Procedure. Provides that a foreclosure complaint shall also include copies of documents upon which the plaintiff relies and which show the plaintiff to be the legal holder of the indebtedness, a pledgee, an agent, the trustee under a trust deed or otherwise. Provides that for a foreclosure judgment, evidence to support the complaint's allegations shall be taken in open court except allegations of fact in the complaint that are not denied by the verified answer or counterclaim (instead of not denied by the verified answer or counterclaim or where the defendant states in an affidavit that he or she has no knowledge sufficient to form a belief). Provides that the court may (instead of shall) enter a judgment upon receipt of an affidavit stating the amount due the mortgagee. Provides that a foreclosure judgment shall also state, if the plaintiff is not the original mortgagee, specific findings of fact concerning the plaintiff's capacity to bring the foreclosure action and a determination of whether this capacity legally entitles the plaintiff to bring the action. Provides that evidence of the identity of the legal holder of the indebtedness and the indebtedness itself (instead of indebtedness) shall be marked as exhibits. Effective immediately.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2010
Committee Review
Floor Vote
Governor
Introduced Feb 8, 2010
Last action Jan 12, 2011
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
16
Key actions
2
Committee
9
Amendments
1
Jan 2, 2011
Committee
Senate Committee Amendment No. 1 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
upper
Jan 2, 2011
Committee
Pursuant to Senate Rule 3-9(b) / Referred to Assignments
upper
Nov 30, 2010
Upper · Passed
Senate Committee Amendment No. 1 Postponed - Judiciary
upper
Nov 29, 2010
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Judiciary
upper
Nov 29, 2010
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
Nov 29, 2010
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
upper
Nov 18, 2010
Committee
Re-assigned to Judiciary
upper
Mar 8, 2010
Committee
Rule 3-9(a) / Re-referred to Assignments
upper
Feb 24, 2010
Committee
Assigned to Judiciary
upper
Feb 8, 2010
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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