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Mortgage Act

Illinois · Property · §§ 765-905-0-01 to 765-905-5 · 12 sections

Overview

The act establishes a licensing and regulatory framework for the mortgage industry, reaching mortgage brokers, mortgage lenders, mortgage servicers, and mortgage loan originators, along with the loan processors and underwriters working under them. It conditions doing business on holding a license — subject to enumerated exemptions — and sets the terms of that license: prelicensing and continuing education, examination and experience requirements, applications and renewals filed through a nationwide multistate mortgage licensing system, surety bonds, branch office and designated manager requirements, escrow fund and recordkeeping obligations, and disclosure duties paired with prohibited practices. Administration and enforcement rest with a state department authorized to make rules, investigate and subpoena witnesses and evidence, deny, condition, suspend, or revoke licenses, issue cease and desist orders, seek injunctions and receivers, and impose penalties and restitution.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

  • 765 ILCS 905/0.01Short title
  • 765 ILCS 905/1Property › 765 ILCS 905 — Mortgage Act
  • 765 ILCS 905/13Property › 765 ILCS 905 — Mortgage Act
  • 765 ILCS 905/13.1Real estate; real property
  • 765 ILCS 905/14Property › 765 ILCS 905 — Mortgage Act
  • 765 ILCS 905/15Property › 765 ILCS 905 — Mortgage Act
  • 765 ILCS 905/16This Act shall take effect at midnight on July 1, 1962
  • 765 ILCS 905/17Notwithstanding any other provisions of this Act: (1) The Act does not abrogate the Illinois common law that the payment in full of a debt secured by a mortgage extinguishes the lien
  • 765 ILCS 905/2Property › 765 ILCS 905 — Mortgage Act
  • 765 ILCS 905/3An instrument in writing which releases a mortgage or trust deed of real property may be acknowledged or proved in the same manner as deeds for the conveyance of land
  • 765 ILCS 905/4Property › 765 ILCS 905 — Mortgage Act
  • 765 ILCS 905/5Every deed conveying real estate, which shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage

Enacted in other states

Montana

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