IBA Compliance Connection

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We require all mortgage loan applicants to complete and sign an Illinois Civil Union and Same-Sex Marriage Addendum to the Uniform Residential Loan Application (URLA) form. Is the addendum form still required in Illinois? If so, should we also provide it to HELOC applicants?

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The addendum is not required, but we believe using such a form could help your bank to determine whether applicants have entered into a civil union for HELOCs as well as closed-end mortgage loan applications.

Illinois law offers members of a civil union the same protections and benefits as married couples. Consequently, it is helpful to use a civil union addendum in all residential real estate transactions — including HELOCs — in order to identify individuals who may have relevant property rights and interests. We recommend revising your form, though, so that it does not distinguish between same-sex marriages and opposite-sex marriages (or same-sex civil unions and opposite sex civil unions). All marriages and civil unions now are treated equally, whether entered into in Illinois or in another state.

For resources related to our guidance, please see:

  • Illinois Religious Freedom and Marriage Fairness Act,750 ILCS 80/10(a) (“All laws of this State applicable to marriage, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil or criminal law, shall apply equally to marriages of same-sex and different-sex couples and their children.”)

  • Illinois Religious Freedom Protection and Civil Union Act,750 ILCS 75/20 (“A party to a civil union is entitled to the same legal obligations, responsibilities, protections, and benefits as are afforded or recognized by the law of Illinois to spouses, whether they derive from statute, administrative rule, policy, common law, or any other source of civil or criminal law.”)

  • Illinois Religious Freedom Protection and Civil Union Act, 750 ILCS 75/60 (“A civil union, or a substantially similar legal relationship other than common law marriage, legally entered into in another jurisdiction, shall be recognized in Illinois as a civil union. A marriage, whether of the same sex or different sexes and providing that it is not a common law marriage, legally entered into in another jurisdiction, shall be recognized in this State as a marriage in accordance with the provisions of the Illinois Marriage and Dissolution of Marriage Act, except that Section 216 of the Illinois Marriage and Dissolution of Marriage Act shall not apply to marriages of same-sex couples validly entered into in another jurisdiction.”)