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Are there any special requirements that would apply to a commercial loan in Cook County? – IBA Compliance Connection

Are there any special requirements that would apply to a commercial loan in Cook County?

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You may be thinking of special requirements for consumer residential mortgage loans recorded in Cook County imposed by the Residential Real Property Disclosure Act. (The Act has been expanded to Kane, Peoria, and Will counties.) The law set up an anti-predatory lending database program. Loan originators (and brokers) must supply detailed information about any loan on residential real property for the database within ten days of receiving a loan application. 765 ILCS 77/70(c). Based on that information, the Illinois Department of Financial and Professional Regulation (DFPR) may recommend that the borrower receive housing counseling. You may not take any legally binding action on a loan until you receive the DFPR’s housing counseling determination (which it must send four days after you submit the required database information). 765 ILCS 77/70(e). A certificate of compliance must be attached to all mortgages; without the certificate, the mortgage is unrecordable. 765 ILCS 77/70(g).