Bulletin: IL2013003

Dear Associates:

The Illinois Supreme Court recently issued Supreme Court Rule113 Practice and Procedure in Mortgage Foreclosure Cases which will become effective on May 1, 2013. The new rule requires that the note, as it currently exists and all indorsements and allonges be attached to the mortgage foreclosure complaint, as well as a Prove-up Affidavits (the Rule provides the detail for the affidavit and a sample form). If the borrower is defaulted by court order a notice of default and entry of judgment of foreclosure is to be prepared by the attorney for the plaintiff and sent to the Clerk of the Circuit Court (the Rule provides a sample form of the Notice and Entry of Judgment). As to judicial sales, the Rule requires notice be sent to all defendants not less than 10 days prior to the sale. If there are surplus funds a Special Notice as to Surplus Funds shall be sent to the mortgagors advising them of the surplus and enclosing a form for presentment of the motion to the court for the funds (the Rule provides sample of the notice). The Rule further provides for a Petition for Turnover of Surplus Funds and provides a sample for sample form. Finally the Rule requires that where a mortgagor is deceased and there is no probate opened the court shall, on motion of a party, appoint a special representative to stand in place of the deceased mortgagor who shall act in accordance with section 13-209 of the Illinois Code of Civil Procedure (735 ILCS 5/13-209).

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