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Does Illinois require banks to have borrowers sign a “Home Equity Tax Advice Waiver”? – IBA Compliance Connection

IBA Compliance Connection

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Does Illinois require banks to have borrowers sign a “Home Equity Tax Advice Waiver”?

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We are not aware of any requirement under federal or Illinois law to obtain an acknowledgment or waiver related to the HELOC tax advice disclosure (the requirement to disclose “that the consumer should consult a tax advisor regarding the deductibility of interest and charges under the plan”). 12 CFR 1026.40(d)(11). The federal regulation requires only that the bank provide those disclosures to the borrower, and we are not aware of any Illinois laws that would require a separate “Home Equity Tax Advice Waiver” form.