Affidavits supported mortgage foreclosure

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted November 2, 2020 10:29 AM

U.S. Bank scored summary judgment against Michael Dillard in a mortgage foreclosure case based on affidavits from Matthew Dolan that allegedly violated Illinois Supreme Court Rule 113 (“Practice and procedure in mortgage foreclosure cases”) and the portion of Rule 191(a) that says “the documents upon which the affiant relies” must be “sworn or certified.” Dolan’s first affidavit was defective under Rule 191(a), according to Dillard, because it didn’t expressly incorporate the attached documents. And Dolan’s second …

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