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Since the Illinois grace period notice requirement expired on July 1, 2016, should we stop sending this notice to delinquent borrowers? – IBA Compliance Connection

Since the Illinois grace period notice requirement expired on July 1, 2016, should we stop sending this notice to delinquent borrowers?

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Yes, you are no longer required to send grace period notices to borrowers who became delinquent on or after July 1, 2016. The section in the Code of Civil Procedure requiring mortgagees to send a grace period notice to delinquent borrowers included a sunset date, which automatically repealed the section on July 1, 2016. 

We do recommend updating your procedures for delinquent borrowers to ensure that borrowers who became delinquent before July 1, 2016, receive the required grace period notice.

Also, it is possible that the grace period notice requirement will be reinstated at a later date — but at this time, we are not aware of any legislative efforts to reinstate this provision. 

For resources related to our guidance, please see:

  • Code of Civil Procedure, 735 ILCS 5/15-1502.5 (Illinois grace period notice requirement, with a sunset date of July 1, 2016.)