Rule 114.Loss Mitigation Affidavit
Article II. Rules on Civil Proceedings in the Trial Court · Part A. Process and Notice · Last amended 2018 · Last verified July 20, 2026
In one sentenceRule 114 requires a foreclosure plaintiff to file an affidavit documenting compliance with loss mitigation requirements before asking for a judgment of foreclosure.
Full Text of Ill. S. Ct. R. 114
(a) Loss Mitigation. For all actions filed under the Illinois Mortgage Foreclosure Law, and
where a mortgagor has appeared or filed an answer or other responsive pleading, Plaintiff must, prior to moving for a judgment of foreclosure, comply with the requirements of any loss mitigation program which applies to the subject mortgage loan.
(b) Affidavit Prior to or at the Time of Moving for a Judgment of Foreclosure. In order to document the compliance required by paragraph (a) above, Plaintiff, prior to or at the time of moving for a judgment of foreclosure, must file an affidavit specifying:
(1) Any type of loss mitigation which applies to the subject mortgage;
(2) What steps were taken to offer said type of loss mitigation to the mortgagor(s); and
(3) The status of any such loss mitigation efforts.
(c) Form of Affidavit. The form of the affidavit shall be prepared by utilizing, or substantially adopting the appearance and content of, the form provided in the Article II Forms Appendix.
(d) Enforcement. The court may, either sua sponte or upon motion of a mortgagor, stay the proceedings or deny entry of a foreclosure judgment if Plaintiff fails to comply with the requirements of this rule.
End
Plain-English Summary
Before a lender can move for a judgment of foreclosure in a case where the borrower has appeared or answered, Rule 114 requires the plaintiff to first satisfy any loss mitigation program that applies to that loan, and then file an affidavit proving it. The affidavit has to identify the type of loss mitigation available, describe the steps taken to offer it to the borrower, and state where those efforts currently stand.
The rule uses a standard form from the Article II Forms Appendix, and it gives courts real teeth to enforce it: a judge can stay the foreclosure proceedings or deny the judgment outright, on the court’s own initiative or a borrower’s motion, if the plaintiff has not complied.
Frequently Asked Questions
What is loss mitigation in a foreclosure case?
It refers to programs, whether required by the loan terms, a lender’s policy, or state or federal law, aimed at helping a borrower avoid foreclosure, such as a loan modification.
Do I have to prove I offered loss mitigation before I can get a foreclosure judgment?
Yes, if the borrower has appeared or filed an answer. Rule 114 requires an affidavit describing the applicable loss mitigation program and the steps taken before you can move for judgment.
What can happen if a lender skips the loss mitigation affidavit?
The court can stay the case or deny entry of the foreclosure judgment, either on its own or on the borrower’s motion.
Is there a required form for the loss mitigation affidavit?
Yes, it should follow the form set out in the Article II Forms Appendix.
When does the loss mitigation affidavit need to be filed?
Prior to, or at the same time as, the plaintiff’s motion for a judgment of foreclosure.
Committee Comments
(April 8, 2013)
The context out of which Rule 114 arises is the huge increase in the number of foreclosure cases filed in the Illinois state courts. It is recognized by all members of the Committee that, wherever possible, it is in the best interests of all parties, the courts, and the local communities to avoid a foreclosure sale in favor of a workable loss mitigation alternative. Toward this end, Rule 114 requires the plaintiff to file an affidavit to document compliance with any loss mitigation program applicable to the mortgage loan at issue. The affidavit must be filled out and filed prior to or at the time of moving for a judgment of foreclosure. As such, the intended purpose of the rule is to prevent the entry of a judgment of foreclosure where the plaintiff has theretofore failed to comply with applicable loss mitigation requirements, be they local, state, or federal. The filing of the affidavit allows the court to review the plaintiff’s level of compliance with applicable loss mitigation requirements, and, if necessary, to deny a motion for judgment of foreclosure if said compliance is lacking.
Specific procedures for filing and presenting the affidavit to the court may differ from county to county. Where counties have mediation programs in place, it is advisable that the county adopt procedures to incorporate the loss mitigation affidavit into the mediation process. Where no mediation program is in place, or where an individual case is not subject to mediation, the county and individual courts should consider appropriate local procedures to facilitate the use of the affidavit in achieving its intended purpose. The affidavit requirement is intended to apply to all judgments on or after the effective date of the rule, no matter the foreclosure filing date. Because the affidavit must be filed prior to the entry of a foreclosure judgment, the effective date requires application to any case where a judgment of foreclosure has not yet been entered. Thus, although a case may already have been filed prior to the effective date of Rule 114, the Rule would apply if a judgment of foreclosure has not yet been entered.
Amendment History
Adopted Feb. 22, 2013, eff. May 1, 2013; amended Apr. 8, 2013, eff. May 1, 2013; amended Dec. 29, 2017, eff. Jan. 1, 2018.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as: loss mitigation affidavitforeclosure loan modification requirementstay foreclosure loss mitigationillinois foreclosure borrower protectionsaffidavit before foreclosure judgment