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If we are lending money to a fire protection district (to finance the construction of a new firehouse), can the fire protection district give us a mortgage to secure the loan? – IBA Compliance Connection

If we are lending money to a fire protection district (to finance the construction of a new firehouse), can the fire protection district give us a mortgage to secure the loan?

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The Fire Protection District Act explicitly authorizes fire protection districts to execute mortgages (though it does limit, somewhat, the total amount of a fire protection district’s indebtedness). Under the Act, a fire protection district’s board of trustees has the power to “execute a mortgage . . . and the proceeds of the note or notes may be used . . . in the erection of improvements on such real estate.” 70 ILCS 705/6(d). Note that another section of that law limits the total amount of money that a fire protection district can borrow (including this loan as well as any other forms of indebtedness) to “5.75% on the valuation of taxable property” within the fire protection district. 70 ILCS 705/12.