Delayed Effective Date for New Illinois Supreme Court Rules

The Illinois Supreme Court has issued an order delaying the effective dates for two of its new mortgage foreclosure rules until May 1, 2013. Rules 113 and 114 create new filing and notice requirements for all mortgage foreclosure actions. Every foreclosure complaint will need to include a copy of the mortgage note, a “prove-up” affidavit of the amount due on the loan, and a “loss mitigation” affidavit demonstrating that the lender is in compliance with all loss mitigation programs required by law. The rules also will add several new notice requirements at the end of the lawsuit, including a default judgment notice, a foreclosure sale notice, and a special notice if surplus funds are available after a sale. The third new rule, Rule 99.1, establishing requirements for judicial foreclosure mediation programs, became effective last Friday, March 1.