Topic: Civil Unions
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Is the Illinois Addendum to Residential Mortgages a required document? This document asks the borrower whether they are a party to a civil union and whether any other parties may claim any interest in the property that will secure repayment of the loan. Is it required if the application is for joint credit and both borrowers are married and applying together? What about a married person applying for individual credit?
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An Illinois Addendum to Residential Mortgages is not required by Illinois law, but we believe using such a form is helpful for identifying individuals who may have relevant property rights and interests because they are a member of a civil union. Also, it is possible that secondary market purchasers may require this form as a…
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Our loan origination system recently updated and the addendum to the application inquiring of civil union was removed. Is this form still necessary? If so, is it only applicable to certain types of loans?
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An Illinois Civil Union and Same-Sex Marriage Addendum is not required, but we believe using such a form is helpful in all residential real estate transactions to identify individuals who may have relevant property rights and interests because they are a member of a civil union. We believe it is helpful to know whether a…
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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…
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Is the “Illinois Addendum to Residential Mortgage Loan Application” form required for a Home Equity Line of Credit (HELOC)? This form asks a borrower to indicate whether they are in a registered civil union. Also, is the “Illinois Signed Documents Disclosure” form required for a HELOC? This form requires the borrower to acknowledge that “it is your responsibility to obtain copies before mailing signed documents back to the licensee” under 38 Ill. Adm. Code 1050.1150.
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No, a bank is not required to use either of these forms in connection with a HELOC, although your bank may find them useful for the reasons discussed below. The Illinois Addendum to Residential Mortgage Loan Application may be helpful for all residential real estate transactions, including HELOCs, in order to identify individuals who may…
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Do we have to send the Illinois Civil Union and Same-Sex Marriage Addendum to the Uniform Residential Loan Application (URLA) form to every applicant, or only those who mark “single” on the URLA? Is there any particular disclosure that we must provide at closing for members of a civil union?
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The Illinois Civil Union and Same-Sex Marriage Addendum is not required for any applicant, but we believe using such a form is helpful in all residential real estate transactions in order to identify individuals who may have relevant property rights and interests. Whether your bank wishes to send the form to applicants who have indicated…
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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…
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Currently, we ask our mortgage borrowers to fill out a civil union addendum that asks whether the borrower is in a registered civil union. Is that required? Are there any other specific disclosures or documents that we need to provide to mortgage borrowers who are members of a civil union?
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There are no specific documents or disclosures that you must provide to members of civil unions. Because Illinois law offers members of a civil union the same protections and benefits as married couples, you must provide members of a civil union the same documents and disclosures that you provide to spouses. This is true whether…
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We ask mortgage loan applicants to fill out a Civil Union Addendum asking applicants whether they are a party to a civil union or same sex marriage in Illinois or in another jurisdiction. Is this still required, or do we need to update the form?
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We recommend revising the form to reflect that Illinois law now recognizes both same-sex marriages and civil unions (the latter still being available for both same-sex and opposite-sex couples). We do not recommend distinguishing between same-sex marriages and opposite-sex marriages (or same-sex civil unions and opposite sex civil unions), or inquiring about the gender of…
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Should we ask for documentation of a couple’s marriage if we only do so for same sex couples? Or if only for same sex couples with out of state marriages?
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We believe that requiring greater documentation for same sex couples than is required for heterosexual couples could be considered discriminatory, just as requiring different documentation or charging different fees for unmarried couples than for married couples would be considered discriminatory. The Regulation B Official Staff Commentary uses differing documentation standards as evidence of disparate treatment:…