Illinois Compiled Statutes 765 ILCS 77/74 – Counselor; required information
Current as of: 2024 | Check for updates
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As part of the predatory lending database program, a counselor must submit all of the following information for inclusion in the predatory lending database:
(1) The information called for in items (1), (6),
(1) The information called for in items (1), (6),
(9), (11), (12), (13), (14), (15), (16), (17), and (18) of Section 72.
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(2) Any information from the borrower that confirms
or contradicts the information called for under item (1) of this Section.
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(3) The name of the counselor and address of the
HUD-approved housing counseling agency that employs the counselor.
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(4) Information pertaining to the borrower’s monthly
expenses that assists the counselor in determining whether the borrower can afford the loans or loans for which the borrower is applying.
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(5) A list of the disclosures furnished to the
borrower, as seen and reviewed by the counselor, and a comparison of that list to all disclosures required by law.
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(6) Whether the borrower provided tax returns to the
broker or originator or to the counselor, and, if so, who prepared the tax returns.
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(7) A statement of the recommendations of the
counselor that indicates the counselor’s response to each of the following statements:
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(A) The loan should not be approved due to
indicia of fraud.
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(B) The loan should be approved; no material
problems noted.
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(C) The borrower cannot afford the loan.
(D) The borrower does not understand the
Terms Used In Illinois Compiled Statutes 765 ILCS 77/74
- 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
- Counseling: means in-person counseling provided by a counselor employed by a HUD-approved counseling agency to all borrowers, or documented telephone counseling where a hardship would be imposed on one or more borrowers. 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
- Fraud: Intentional deception resulting in injury to another.
- 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
(D) The borrower does not understand the
transaction.
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(E) The borrower does not understand the costs
associated with the transaction.
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(F) The borrower’s monthly income and expenses
have been reviewed and disclosed.
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(G) The rate of the loan is above market rate.
(H) The borrower should seek a competitive bid
(H) The borrower should seek a competitive bid
from another broker or originator.
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(I) There are discrepancies between the
borrower’s verbal understanding and the originator’s completed form.
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(J) The borrower is precipitously close to not
being able to afford the loan.
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(K) The borrower understands the true cost of
debt consolidation and the need for credit card discipline.
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(L) The information that the borrower provided
the originator has been amended by the originator.
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