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

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August 2016
Michael Cortina
ISBA Commercial Banking, Collections and Bankruptcy Newsletter 

Authors

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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