When Defense is Offense: Burdens of Proof in Mortgage Foreclosure Trials

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Illinois State Bar Association's Commercial Banking, Collections & Bankruptcy Law Newsletter

So few mortgage foreclosure cases go to trial and because of that most judges and attorneys are unsure as to what is needed in order to make a prima facie case for the plaintiff/mortgagee. In an article titled, “When Defense is Offense: Burdens of Proof in Mortgage Foreclosure Trials,” Mike Cortina discusses the statutorily required steps that a mortgagee must take in order to properly foreclose a mortgage under the Illinois Mortgage Foreclosure Law.

Reprinted with permission from the Illinois State Bar Association. 

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