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Is it permissible to include a waiver of homestead exemption rights in the mortgage? – IBA Compliance Connection

IBA Compliance Connection

Your go to source for compliance!

Is it permissible to include a waiver of homestead exemption rights in the mortgage?

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Yes, it is permissible to include the waiver of homestead exemption in the mortgage document. The Illinois Conveyances Act makes clear that any “deed or other instrument” that contains a clause expressly “releasing or waiving the right of homestead” is sufficient, provided that the “other spouse joins in such release or waiver.”

For resources related to our guidance, please see:

  • Conveyances Act, 765 ILCS 5/27 (“No deed or other instrument shall be construed as releasing or waiving the right of homestead, unless the same shall contain a clause expressly releasing or waiving such right. And no release or waiver of the right of homestead by the husband or wife shall bind the other spouse unless such other spouse joins in such release or waiver.”)