Senate Bill 192

(Althoff, R-Crystal Lake) provides that the mortgagee establishes a prima facie case for foreclosure once the following evidence has been offered and admitted: (1) the mortgage at issue in the case; and (2) the note at issue in the case. The mortgagee is not required to present further evidence to establish a prima facie case of foreclosure, and once a prima facie case of foreclosure has been established by the mortgagee, the burden of proof and of presenting evidence shifts to the mortgagor to prove the amount owed on the note, payment, and any affirmative defense the mortgagor claims. Failure of the mortgagor to present evidence of the amount owed on the note constitutes a waiver of that issue, regardless of any contrary pleadings, and the mortgagee thereafter has the burden of presenting evidence of the amount due on the note. If the burden of presenting evidence regarding the amount owed on the note shifts back to the mortgagee because of the mortgagor's failure to present this evidence, the amount owed on the note may be proven by affidavit. If the mortgagor presents evidence of the amount owed on the note, the mortgagee may present evidence in rebuttal, and this rebuttal evidence must be taken in open court. Senate Bill 192 was just introduced.