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Are there any prohibitions on charging fees for our in-house valuations under Illinois law? The CFPB’s new ECOA rules state that we can charge mortgage loan borrowers for appraisals or valuations, if not otherwise prohibited by law. – IBA Compliance Connection

Are there any prohibitions on charging fees for our in-house valuations under Illinois law? The CFPB’s new ECOA rules state that we can charge mortgage loan borrowers for appraisals or valuations, if not otherwise prohibited by law.

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We are not aware of any Illinois law that would prohibit or limit your ability to charge customers a fee for the cost of a property appraisal or valuation, which is permitted by Regulation B (12 CFR 1002.14(a)(3)). Section 5e of the Illinois Banking Act states that “[n]otwithstanding the provisions of any other law in connection with extensions of credit” banks may charge any fees, “subject only to the provisions of [subsection 4(1)] of the Interest Act,” provided that the bank sets fees based on its “prudent business judgment and safe and sound operating standards.” 205 ILCS 5/5e. And subsection 4(1) of the Interest Act states that a bank is authorized “to receive or contract to receive and collect interest and charges at any rate or rates agreed upon by the bank or branch and the borrower.” 815 ILCS 205/4(1).