Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the wp-migrate-db domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /srv/app/gotoiba-dev/htdocs/web/wp-includes/functions.php on line 6121
What body of law governs the marital status on the Form 10-03 (Fannie Mae Uniform Residential Loan Application)? Federal law? State law? If a same sex couple was married in Massachusetts, should that be reflected on the 10-03 application? Would that marriage be recognized in Illinois? – IBA Compliance Connection

What body of law governs the marital status on the Form 10-03 (Fannie Mae Uniform Residential Loan Application)? Federal law? State law? If a same sex couple was married in Massachusetts, should that be reflected on the 10-03 application? Would that marriage be recognized in Illinois?

by

Because Form 10-03 questions focus on the ownership of the mortgaged property, we believe that it would be appropriate to enter an applicant’s marital status under Illinois law. If an applicant is a party to a civil union, it would be most accurate to list the applicant as “married” on the Form 10-03, as Illinois law provides a party to a civil union with “the same legal obligations, responsibilities, protections, and benefits” as a married spouse.

As to out-of-state marriages and civil unions, the Illinois law providing for civil unions, the Illinois Religious Freedom Protection and Civil Union Act, includes a reciprocity provision stating that Illinois law recognizes marriages, civil unions, and any other “substantially similar legal relationship” between persons of the same sex as civil unions under Illinois law (with the exception of common law marriages, which are generally not recognized under Illinois law, even for heterosexual couples). 750 ILCS 75/60.