IBA Compliance Connection

Your go to source for compliance!

Are we still required to provide a Civil Union and Same-Sex Marriage Addendum to our Uniform Residential Loan Applications? The Addendum notifies a borrower that we may require their partner or spouse to sign the security instrument and other documentation that secures the repayment of the loan.

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No, you are not required to provide the Civil Union and Same-Sex Marriage Addendum to your Uniform Residential Loan Applications. However, using this addendum may be helpful in residential real estate transactions to identify individuals who may have relevant property rights and interests (such as the homestead rights of an individual who has entered into a civil union with your borrower).

Also, we note that because Illinois law offers members of a civil union the same protections and benefits as married couples, you should provide members of a civil union the same documents and disclosures that you provide to married spouses. This is true whether the borrower is in a same-sex or opposite-sex marriage or civil union.

For resources related to our guidance, please see:

  • 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 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 75/60 (“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.”)