FORECLOSURE-PETITION-JUDGMENT
Summary
Amends the Code of Civil Procedure. Provides that a foreclosure complaint shall include a copy of all documents that demonstrate the capacity (instead of a statement of the capacity) in which the plaintiff brings the foreclosure (such as legal holder of the indebtedness, pledgee, agent, trustee under a trust deed, or otherwise). Provides that at a foreclosure trial, an allegation of fact that is not denied (instead of not denied or if the party has no knowledge to form a belief as to the truth of the allegation) must be proved by a verified complaint or separate affidavit. Provides that a foreclosure judgment shall include: tangible evidence of the indebtedness, who holds the indebtedness and, 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. Effective immediately.
Bill status
failed
1 of 4 stages cleared
Introduction
Feb 2011
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2011
Last action Jan 8, 2013
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
0
Committee
3
Mar 18, 2011
Committee
Rule 3-9(a) / Re-referred to Assignments
upper
Mar 2, 2011
Committee
Assigned to Financial Institutions
upper
Feb 10, 2011
Committee
Referred to Assignments
upper
0 primary · 1 co-sponsor
Sponsors
No sponsor information available.
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