HB 174 AMENDS THE CODE OF CIVIL PROCEDURE:

IN PROVISIONS CONCERNING DEEDS IN LIEU OF FORECLOSURE PROVIDES THAT MORTGAGEE MUST FILE ACTION TO CONFIRM THE DEED IN LIEU OF FORECLOSURE PROVE BY CLEAR & CONVINCING DOCUMENTARY EVIDENCE OTHER THAN BY ORAL TESTIMONY OR AFFIDAVIT THAT THE PARTY SEEKING JUDGMENT TO CONFIRM THE DEED IN LIEU OF FORECLOSURE IS THE ACTUAL LEGAL MORTGAGEE ENTITLED TO BRING THE ACTION & OBTAIN JUDGMENT CONFIRMING THE DEED THAT THE PARTY SEEKING JUDGMENT OF FORECLOSURE IS THE ACTUAL LEGAL MORTGAGEE & IS ENTITLED TO BRING FORECLOSURE. IN PROVISIONS CONCERNING THE TRIAL OF FORECLOSURE PROVIDES THAT WHERE AN ALLEGATION OF FACT IN COMPLAINT IS NOT DENIED BY PARTYS VERIFIED ANSWER OR VERIFIED COUNTER CLAIM OR WHERE PARTY STATES OR IS DEEMED TO HAVE STATED THAT IT HAS NO KNOWLEDGE OF THE ALLEGATION SUFFICIENT TO FORM BELIEF & ATTACHES THE REQUIRED AFFIDAVIT SWORN VERIFICATION OF THE COMPLAINT OR SEPARATE AFFIDAVIT SETTING FORTH SUCH FACT IS NOT SUFFICIENT THEREOF AGAINST SUCH PARTY & FURTHER EVIDENCE OF SUCH FACT SHALL BE REQUIRED RATHER THAN BY SWORN VERIFICATION OF THE COMPLAINT OR BY SEPARATE AFFIDAVIT SETTING FORTH SUCH FACT IS SUFFICIENT EVIDENCE THEREOF AGAINST SUCH PARTY & FURTHER EVIDENCE OF SUCH FACT SHALL NOT BE REQUIRED.