 The rules were announced Feb. 22, and their effective date is May 1.
However, under amendments filed Monday, Supreme Court Rule 114, which
requires a lender to attest that the lender has complied with the requirements
of any applicable loss mitigation program, will apply to all judgments on or
after the May 1 effective date of the rule, no matter the foreclosure filing
date.
Amended comments to Rule 114 state:
"Because the affidavit
(required under Rule 114) must be filed prior to the entry of a foreclosure
judgment, the effective date requires application to any case where a judgment
of foreclosure has not yet been entered. Thus, although a case may already have
been filed prior to the effective date (May 1) of Rule 114, the Rule would apply
if a judgment of foreclosure has not yet been entered."
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Supreme Court Rule 113, which establishes practices and procedures
in mortgage foreclosure cases, was amended to make clear that it
applies only to those foreclosure actions filed on or after the
effective date of May 1.
[Text from file received from the
Illinois Supreme Court] |
