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Do you have any guidance as to a mortgage loan where the borrowers have entered into a civil union in Michigan? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

Do you have any guidance as to a mortgage loan where the borrowers have entered into a civil union in Michigan?

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We would recommend that bank counsel (or the title company’s counsel) review the Illinois civil union law, titled the Illinois Religious Freedom Protection and Civil Union Act.

The civil union law defines a “party to a civil union” as someone who has entered into a civil union before a county clerk. 750 ILCS 75/30. (Civil unions can be entered into by individuals of the same gender or by a male and a female.) The law goes on to deem every reference to “spouse” in any Illinois law to include a “party to a civil union.” 750 ILCS 75/10. And, the Illinois law provides for reciprocity with other states, stating that “a civil union . . . legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union.” 750 ILCS 75/60.