Illinois Compiled Statutes 765 ILCS 77/72 – Originator; required information
Current as of: 2024 | Check for updates
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As part of the predatory lending database program, the broker or originator must submit all of the following information for inclusion in the predatory lending database for each loan for which the originator takes an application:
(1) The borrower‘s name, address, social security
(1) The borrower‘s name, address, social security
number or taxpayer identification number, date of birth, and income and expense information, including total monthly consumer debt, contained in the mortgage application.
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(2) The address and a description of the collateral
and information about the loan or loans being applied for and the loan terms, including the amount of the loan, the rate and whether the rate is fixed or adjustable, amortization or loan period terms, and any other material terms.
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(3) The borrower’s credit score at the time of
application.
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(4) Information about the originator and the company
the originator works for, including the originator’s license number and address, fees being charged, whether the fees are being charged as points up front, the yield spread premium payable outside closing, and other charges made or remuneration required by the broker or originator or its affiliates or the broker’s or originator’s employer or its affiliates for the mortgage loans.
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(5) (Blank).
(6) All information indicated in connection with the
Terms Used In Illinois Compiled Statutes 765 ILCS 77/72
- Amortization: Paying off a loan by regular installments.
- ARM: means a closed-end mortgage transaction that allows adjustments of the loan interest rate during the first 3 years of the loan term. See Illinois Compiled Statutes 765 ILCS 77/70
- Borrower: means a person seeking a mortgage loan. See Illinois Compiled Statutes 765 ILCS 77/70
- Broker: means a "broker" or "loan broker" as defined in subsection (p) of § 1-4 of the Residential Mortgage License Act of 1987. See Illinois Compiled Statutes 765 ILCS 77/70
- Closing agent: means an individual assigned by a title insurance company or a broker or originator to ensure that the execution of documents related to the closing of a real estate sale or the refinancing of a real estate loan and the disbursement of closing funds are in conformity with the instructions of the entity financing the transaction. See Illinois Compiled Statutes 765 ILCS 77/70
- Counselor: means a counselor employed by a HUD-approved housing counseling agency. See Illinois Compiled Statutes 765 ILCS 77/70
- First-time homebuyer: means a borrower who has not held an ownership interest in residential property. See Illinois Compiled Statutes 765 ILCS 77/70
- Interest only: means a closed-end loan that permits one or more payments of interest without any reduction of the principal balance of the loan, other than the first payment on the loan. See Illinois Compiled Statutes 765 ILCS 77/70
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Originator: means a "mortgage loan originator" as defined in subsection (jj) of § 1-4 of the Residential Mortgage License Act of 1987, except an exempt person. See Illinois Compiled Statutes 765 ILCS 77/70
- Points and fees: has the meaning ascribed to that term in Section 10 of the High Risk Home Loan Act. See Illinois Compiled Statutes 765 ILCS 77/70
- Prepayment penalty: means a charge imposed by a lender under a mortgage note or rider when the loan is paid before the expiration of the term of the loan. See Illinois Compiled Statutes 765 ILCS 77/70
(6) All information indicated in connection with the
TILA-RESPA Integrated Loan Estimate Disclosure or on the Good Faith Estimate and Truth in Lending statement disclosures given to the borrower by the broker or originator.
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(7) Annual real estate taxes for the property,
together with any assessments payable in connection with the property to be secured by the collateral and the proposed monthly principal and interest charge of all loans to be taken by the borrower and secured by the property of the borrower.
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(8) Information concerning how the broker or
originator obtained the client and the name of its referral source, if any.
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(9) Information concerning the notices provided by
the broker or originator to the borrower as required by law and the date those notices were given.
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(10) Information concerning whether a sale and
leaseback is contemplated and the names of the lessor and lessee, seller, and purchaser.
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(11) Any and all financing by the borrower for the
subject property within 12 months prior to the date of application.
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(12) Loan information, including interest rate, term,
purchase price, down payment, and closing costs.
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(13) Whether the buyer is a first-time homebuyer or
refinancing a primary residence.
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(14) Whether the loan permits interest only payments.
(15) Whether the loan may result in negative
(15) Whether the loan may result in negative
amortization.
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(16) Whether the total points and fees payable by the
borrowers at or before closing will exceed 5%.
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(17) Whether the loan includes a prepayment penalty,
and, if so, the terms of the penalty.
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(18) Whether the loan is an ARM.
All information entered into the predatory lending database must be true and correct to the best of the originator’s knowledge. The originator shall, prior to closing, correct, update, or amend the data as necessary. If any corrections become necessary after the file has been accessed by the closing agent or housing counselor, a new file must be entered.
All information entered into the predatory lending database must be true and correct to the best of the originator’s knowledge. The originator shall, prior to closing, correct, update, or amend the data as necessary. If any corrections become necessary after the file has been accessed by the closing agent or housing counselor, a new file must be entered.