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Illinois May Soon Join Other Jurisdictions that Have Imposed Attorney Affidavit Requirements on Foreclosure Filings

November 19, 2010

On November 10, 2010, powerful Chicago Alderman Ed Burke (14th Ward) introduced a resolution pertaining to the foreclosure process in Illinois. After citing a desire to "protect Chicago residents from all harms attributable to the foreclosure crisis" then citing the recent rule changes in New York requiring foreclosure counsel to affirm certain matters under oath relating to their foreclosure complaints, Alderman Burke's resolution urges the Illinois Supreme Court to enact rules comparable to those recently enacted in New York. A copy of the resolution is attached. The resolution was referred to the Committee on Finance, which Alderman Burke chairs. As of this date, the resolution had not yet appeared on the published agenda for the next Finance Committee meeting. Alderman Burke's wife, Anne Burke, is an Illinois Supreme Court Justice.

If you have any questions regarding this Consumer Financial Services Alert you may contact Andrew P. Scott, the author of this alert, at 312-627-8325, or Richard E. Gottlieb, Director of the Financial Industry Group, at 312-627-2196.

For more information about Dykema’s Consumer Financial Services practice, please contact one of the attorneys listed in the sidebar.


As part of our service to you, we regularly compile short reports on new and interesting developments in consumer financial services and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Readers should seek specific legal advice before acting with regard to the subjects mentioned here. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation. Your comments on this newsletter, or any Dykema publication, are always welcome. © 2010 Dykema Gossett PLLC. 

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As part of our service to you, we regularly compile short reports on new and interesting developments and the issues the developments raise. Please recognize that these reports do not constitute legal advice and that we do not attempt to cover all such developments. Rules of certain state supreme courts may consider this advertising and require us to advise you of such designation. Your comments are always welcome. © 2017 Dykema Gossett PLLC.