HB 4141

Abstract

Amends the Code of Civil Procedure. Provides that "mortgagee" means (i) the holder of an indebtedness or obligee of a non-monetary obligation secured by a mortgage (instead of holder of an indebtedness or obligee of a non-monetary obligation secured by a mortgage or any person designated or authorized to act on behalf of such holder) and (ii) any person claiming through a mortgagee as successor. Provides that a foreclosure complaint shall include a statement of the capacity in which the plaintiff brings the foreclosure such as legal holder of the indebtedness or the trustee under a trust deed (instead of as legal holder of the indebtedness, pledgee, agent, trustee under a trust deed or otherwise), along with copies of documents upon which the plaintiff relies and which show the plaintiff to be the mortgagee, as defined in the Act. Provides that a foreclosure judgment shall include: 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) are sufficient evidence thereof; the last date for redemption; court rulings as to each request for relief; tangible evidence of who holds the indebtedness, the indebtedness, and the mortgage foreclosed (instead of the indebtedness and the mortgage foreclosed) shall be exhibited to and filed with the court; and if the plaintiff is not the original mortgagee, specific findings of fact concerning the plaintiff's capacity to bring the foreclosure action as legal holder of the indebtedness or the trustee of a trust deed and a determination of whether this capacity legally entitles the plaintiff to bring the action (instead of a foreclosure judgment shall include the last date for redemption and court rulings as to each request for relief). Effective immediately.