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Illinois Summary
Licensing Requirements
Loan Originator Licensing

Here is the link that explains the detailed steps for Illinois Loan Originator Licensing. 
http://www.obre.state.il.us/RESFIN/LoanOriginators.htm and http://www.obre.state.il.us/RESFIN/LO/LOUpdate.htm

There are 4 steps.  Please update the DirectLender Compliance Department at each step in the process.

Step 1:  Take the Exam.  Register for an exam at:  www.goamp.com

Step 2:  Civil Background Check.  Amp will give you instructions to complete this after the exam.   It involves submitting information on Amp's website and then faxing a consent form to another company that processes the background check.  The cost is $115.

Step 3:  Criminal Background Check.  Illinois Residents will complete fingerprint via live scan.  The cost varies.  Non-residents will need to complete FBI fingerprint cards and forward them to the state with a $44 fee

Step 4:  Once you have completed steps 1-3, you may submit your Loan Originator Application.  The cost is$125.  http://www.obre.state.il.us/RESFIN/LO/LOPermanentApp.pdf

Loan Originator Continuing Education

Continuing Education is due every year by December 31st.  You must take 6 hours of approved education.  Go to:  www.financialstrategies.com/affiliate/8c812f and order theBook - Illinois Comprehending State & Federal Mtg. Laws 6hr #1 or #2.  You may order the online courses, but DirectLender recommends the book course.

Branch Licensing

Only branches located in the state of Illinois are required to obtain branch licensing.  Please contact the DirectLender Compliance Department if you are located in Illinois.

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Disclosure Requirements

Initial Disclosures

Illinois Anti-Coercion Insurance Disclosure

Illinois Borrower Information Document

Illinois Collateral Protection Insurance Notice

Illinois Loan Broker Disclosure Statement 

Illinois Loan Brokerage Disclosure Statement  and Agreement

Illinois Mortgage Loan Services Disclosure

Illinois Prepayment  Penalty Disclosure

Illinois Requred Underwriting Documentation

Illinois Title Insurer Disclosure

Mortgage Loan Origination Agreement

Option ARM Analysis

Variable Rate Mortgage Loan Program Disclosure

Borrowers must be provided with complete copies of all initial disclosures and all closing loan documentation.

GFE: Lender and/or broker fees MUST be expressed as a dollar amount and not a percentage.

Borrower Information Disclosure: Lender and Broker at time of application. Required to be signed by the borrower prior to signing the 1003 or prior to consideration of application (whichever comes first).

Broker Agreement/Broker Fee Disclosure Addendum: Broker at application. Required to be signed and dated by the borrower and the Illinois licensee at the same time. (BCC recommends remittance via facsimile) A copy of the executed agreement must also be sent to the borrower for their records. Any changes require re-disclosure.

Escrow Account Act Disclosure: Lender and Broker at application. Escrow Account Act 765 ILCS 910 copy.

Escrow Disclosure: Lender at application; explains requirements and disbursements of escrow accounts.

Collateral Protection / HOI Disclosures: Lender and Broker at time of application. Advises the borrower of collateral protection insurance requirements and disclosing that we as a broker/lender are prohibited from requiring hazard insurance beyond the amount it would take to replace the collateral property.

Mortgage Awareness Program (MAP) Disclosure: Lender and Broker at time of application. The state of Illinois offers counseling to anyone seeking mortgage financing in the state of Illinois and requires the borrower(s) receive notification of the available services. Waiver of participation in Mortgage Awareness Program: Lender and Broker at time of application however, waiver may not be accepted prior to two business days from the applicant’s receipt of the Mortgage Awareness Program (MAP) Disclosure.

Choice of Title Insurance Provider Notice to Applicant: Lender and Broker at time of application. Explains that neither, the lender or the broker can require a particular title insurance provider.

Change in terms OR Failure to Qualify: Lender and Broker Prior-to-Docs. If any change in loan terms takes place re-disclosure is required including this change in term disclosure or send the Failure to Qualify if a counteroffer is extended because the borrower failed to qualify for the original terms requested.

Commitment Agreement (Approval Notice): Lender and Broker at time of lock must be wither delivered personally or sent via first class mail and receipt retained in file. Exact terms of docs to be drawn must be reflected.

Failure to close: Lender and Broker to send if commitment expires.

Time Deposit Escrow Disclosure: Lender Prior-to docs; explains borrower options regarding withholding of escrow funds from monthly installments.

Servicing Transfer: Lender at time of servicing transfer, broker at time of docs advising the lender will determine the retention and/or transfer of loan servicing.

Final Disclosures

Coming Soon

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High Cost Laws*
 
Points and Fees**
APR
1st
5%
6 + Treasury Yield Index
2nd
5%
8 + Treasury Yield Index
HELOC
N/A
N/A

*Does not apply to purchases except in Cook County
*Principal dwelling only
**Includes YSP as part of Fees Percentage unless retail

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Pre-Payment Penalty

Illinois law allows PPP’s for a 36 month maximum limit, w/ 3% first year, 2% second year and 1% third year for the PPP caps. Prohibited on 1sts and 2nds with APR>8% and on all HELOCs.

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Fee Restrictions

Permitted Fees

Illinois will allow the following fees with state specific limitation. ALL FEES contingent to Commitment and Broker Agreement execution and exact match Advanced Fees (require deposit into escrow), Application Fees, Lock-in Fees, Commitment Fees, Discount Fees, Origination Fees, Processing Fees, Warehouse Fees, Underwriting Fees, Doc Prep and Review Fees, Third Party Fees (In the exact amount billed for services rendered).

Prohibited Fees

Coming Soon

Late Charge Fees

5% of principal and interest after 10 days on 1sts, 15 days on 2nds

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Closing Details

Funding Settlement

Wet state.

Borrower Signing Requirements

Illinois is not a community property state. It is a Homestead state. Spouse to sign all security documents, initial disclosures and right to rescind or expressly waive their homestead rights on owner occupied properties. Signature of both spouses required on mortgage. Warranty deed is unacceptable because it fails to waive homestead rights.

Closing Customs

Coming Soon

Real Estate Taxes

Taxes are due May 1st and August 1st.
Taxes are delinquent June 1st and September 1st.

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Advertising Details

Advertising Record Retention

Coming Soon

Advertising Representation

Coming Soon

Telemarketing

Coming Soon

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Disclaimer:
This information is tailored for DirectLender. It is deemed reliable but not guaranteed. It is not intended as legal advice, and should not be relied upon as such. The laws, policies, and references cited change periodically.

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