The Illinois Supreme Court mortgage foreclosure rules require us to file an “affidavit of proof.” What are they looking for in those affidavits?

We recommend consulting with all of the attorneys that the bank may use, to ensure that the attorneys all use the Prove-up Affidavit consistently and accurately.

Our comment letter on the proposed version of the rules is attached, and our news item on the rules is available here: https://www.ilbanker.com/News/NewsDetail.aspx?id=286

It may also be helpful to review the Supreme Court’s comments on the rules, which explain the rules and the intent behind the rules. The Illinois Supreme Court website has copies of the rules and the committee comments, as explained below:

  • The .pdf linked to below includes the most updated version of the new rules (Rules 113 and 114), with the committee comments on Rule 114 (page 11), but it omits the committee comments on Rule 113:

April 8, 2013

Effective May 1, 2013, Illinois Supreme Court Rules 113 and 114 are amended, and effective immediately, Illinois Supreme Court Rules 239, 451, 608, 716, 754, 756, and 10-100 are amended

  • The .pdf linked to below includes the committee comments on Rule 113 (pages 10­–13), but it omits the comments on Rule 114:

February 28, 2013

The effective dates of Supreme Court Rules 113 and 114, as adopted February 22,
2013, are revised to May 1, 2013

  • The .pdf linked to below is the first version of the rules, which have been amended a few times since, but this is the only document to include the Rule 99.1:

February 22, 2013

Effective March 1, 2013, Supreme Court Rules 99.1, 113 and 114 are adopted