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Is it true that Illinois law prohibits mortgages on revolving lines of credit of $5,000 or less? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

Is it true that Illinois law prohibits mortgages on revolving lines of credit of $5,000 or less?

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We understand that your sfotware vendor is taking a conservative position as to possibly conflicting provisions in Illinois law. The Interest Act does not allow a lender to take a security interest in real property unless the loan is in excess of $5,000. 815 ILCS 205/4.1. However, the Illinois Financial Services Development Act allows financial institutions to offer revolving credit plans and to “take real and personal property as security therefor,” and it applies “notwithstanding the provisions of any other laws in connection with revolving credit plans.” 205 ILCS 675/4.