(65 ILCS 95/3) (from Ch. 24, par. 1603)
Sec. 3. Definitions. For the purposes of this Act:
(a) "Bona fide offer" means an offer made in good faith and for a
valuable consideration to purchase a qualified residence at a price that in the opinion of the governing commission is reasonable given current market conditions.
(b) "Certificate of participation" means the duly notarized document of
membership in a program, signed by the qualified applicant and by an
authorized representative of the governing commission, which specifies the
location and description of the guaranteed residence, its guaranteed value,
the registration date, and which has attached a program appraisal for
the guaranteed residence.
(c) "Community organization" means a not-for-profit organization which
has been registered with this State for at least 5 years as a
not-for-profit organization, which qualifies for tax exempt status
under Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code of 1986, as now or
hereafter amended, which continuously maintains an office or business
location within the territory of a program together with a current listed
telephone number, and whose members reside within the territory of a program.
(d) "Eligible applicant" means a natural person who is the owner of a
qualified residence within the territory of a program who continuously
occupies or has a family member who occupies such qualified residence as
the principal place of residence.
(e) "Family member" means a spouse, child, stepchild, parent,
grandparent, brother, sister, or any such relations of the
spouse of the member.
(f) "Governing commission" means the 9 member (or 18 member in the
case of a merged program) governing body which is authorized by voter
approval of the creation of a home equity program (or merger of programs) as
provided in this Act and which is appointed by the mayor of the
municipality in which the program has been approved with the approval of
the city council, 7 (or 14 in the case of a merged program) of whom shall be
appointed from a list or lists of nominees submitted by a community
organization or community organizations as defined in this Act.
(g) "Gross selling value" means the total consideration to be paid for
the purchase of a guaranteed residence, and shall include
any amount that the buyer or prospective buyer agrees to assume on behalf
of a member, including broker commissions, points, legal fees,
personal financing, or other items of value involved in the sale.
(h) "Guarantee fund" means the funds collected under the provisions of
this Act for the purpose of guaranteeing the property values of members
within the territory of a program.
(i) "Guaranteed residence" means a qualified residence for which a
certificate of participation has been issued, which is occupied
continuously as the place of legal residence by the member or a family
member, which is described in the certificate of participation, and which
is entitled to coverage under this Act.
(j) "Guaranteed value" means the appraised valuation based upon a
standard of current fair market value as of the registration date on the
qualified residence as determined by a program appraiser pursuant to
accepted professional appraisal standards and which is authorized by the
commission for the registration date. The guaranteed value shall be used
solely by the commission for the purpose of administering the program and
shall remain confidential.
(k) "Member" means the owner of a guaranteed residence.
(l) "Owner" means a natural person who is the legal
titleholder or who is the
beneficiary of a trust which is the legal titleholder.
(m) "Physical perils" means physical occurrences such as, but not limited
to, fire, windstorm, hail, nuclear explosion or seepage, war,
insurrection, wear and tear, cracking, settling, vermin,
rodents, insects, vandalism, pollution or contamination, and all such
related occurrences or acts of God.
(n) "Program" means the guaranteed home equity program governed by a
specific home equity commission.
(o) "Program appraisal" means a real estate appraisal conducted by a
program appraiser for the purpose of establishing the guaranteed value of a
qualified residence under a program and providing a general description of
the qualified residence. The program appraisal shall be used solely by the
governing commission for the purpose of administering the program and shall
remain confidential.
(p) "Program appraiser" means a real estate appraiser who meets the
professional standards established by the American Institute of Real
Estate Appraisers (AIREA), the National Association of Independent Fee
Appraisers (NAIFA), the National Society of Real Estate Appraisers (NSREA)
or the American Society of Appraisers (ASA) and
whose name is submitted to the governing
commission by the appraiser to conduct program appraisals
under the provisions of a program.
(q) "Program guidelines" means those policies, rules, regulations, and
bylaws established from time to time by the governing commission to
explain, clarify, or modify the program in order to fulfill its goals
and objectives.
(r) "Qualified residence" means a building: (1) located in the
territory of a program having at least one, but not more than 6, dwelling
units; (2) classified by county ordinance as residential and assessed for
property tax purposes; and (3) with at least one dwelling unit continuously
occupied as the principal legal residence of a member or family member.
(s) "Registration date" means the date of receipt by the governing
commission of the registration fee and a completed
application of a qualified applicant for participation in a program.
(t) "Registration fee" means the fee which is established
by the governing commission to defray the cost of a program appraisal on a
qualified residence.
(Source: P.A. 95-1047, eff. 4-6-09 .)
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(65 ILCS 95/5) (from Ch. 24, par. 1605)
Sec. 5. Duties and functions of Commission. The duties and functions
of the governing commission of a Home Equity Program shall include the following:
(a) To conduct or supervise the day-to-day operation |
| of the program, including but not limited to the administration of homeowner applications for participation in the program and homeowner claims against the guarantee fund.
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(b) To establish policies, rules, regulations,
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| bylaws, and procedures for both the governing commission and the program. No policies, rules, regulations, or bylaws shall be adopted by the governing commission without prior notice to the residents of the territory of a program and an opportunity for such residents to be heard.
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(c) To provide annual status reports on the program
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| to the mayor and corporate authorities of the municipality.
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(d) To establish guaranteed value standards which are
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| directly linked to the program appraisal, to approve guarantee values, to establish requirements for program appraisers consistent with subsection (p) of Section 3. In no event shall the program guidelines adopted by the governing commission provide for selecting appraisers based on criteria other than the quality and timeliness of the appraisals provided to the governing commission.
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(e) To manage, administer, and invest the guarantee
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(f) To liquidate acquired assets to maintain the
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(g) To participate in arbitration required under the
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| program and to subpoena all necessary persons, parties, or documents required to proceed with such arbitration.
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(h) To employ necessary personnel, acquire necessary
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| office space, enter into contractual relationships and disburse funds in accordance with the provisions of this Act. A governing commission may employ full-time or part-time employees.
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(i) To perform such other functions in connection
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| with the program and the guarantee fund as required under this Act.
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(Source: P.A. 100-107, eff. 1-1-18 .)
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(65 ILCS 95/8) (from Ch. 24, par. 1608)
Sec. 8. Procedures for obtaining benefits. (a) In order to be eligible
for payment under a program created pursuant to this Act, a member must
follow the program guidelines adopted by the governing commission as well
as the procedures set forth in this Section.
(b) A member must file a "Notice of Intent to Sell" with the governing
commission in accordance with program guidelines if and when the member
intends to place the guaranteed residence on the market for sale. Upon
receipt of a "Notice of Intent to Sell", the governing commission shall
provide the member with a copy of this Section and a written description of
the rights and responsibilities of both the member and the governing
commission and the procedures for obtaining benefits; provided, however,
that such information provided by the governing commission shall not
restrict or advise the member with respect to the selection of a real
estate broker or agent. The information shall be delivered to the member
either in person or by registered mail. A member is not eligible to file
"Notice of Intent to Sell" until 5 years after the member's registration date.
(c) A member is required to offer the guaranteed residence
for sale according to the program guidelines, including the
utilization of complete and proper methods for listing residential
property, listing the guaranteed residence at a price which reasonably can
be expected to attract buyers, and providing reasonable
access for potential buyers to see the guaranteed residence.
(d) A member shall list the guaranteed residence in accordance with
program guidelines with a real estate broker of the member's choice, for up
to 90 days following the date on which the member listed the residence.
(e) Within 60 days of receipt of a "Notice of Intent to Sell", the
governing commission shall have the guaranteed residence
inspected by a program appraiser, at the governing commission's expense,
in order to determine if the guaranteed residence is in substantially the
same condition as described by the program appraisal attached to the
certificate of participation. If the guaranteed residence fails to meet
this standard, the following procedures shall be followed:
(1) The program appraiser shall determine the |
| percentage depreciation of the guaranteed residence due to failure to maintain the premises or due to physical perils or other causes not covered by the program.
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(2) This percentage figure shall be multiplied by the
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| guaranteed value to determine the dollar depreciation.
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(3) This dollar depreciation shall be subtracted from
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| the guaranteed value to derive a lower guaranteed value to be used for the purpose of determining the amount of payment under the program.
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(f) A member shall make the guaranteed residence available to a program
appraiser within a reasonable time within this 60 day period after receipt
of notice from the commission that an inspection under paragraph (e) of
this Section is required, or the member's coverage under the program shall
be null, void and of no further effect, and the member's registration fee
shall be forfeited.
(g) Ninety days after listing the guaranteed residence, a member shall be
eligible to file a "Notice of Intent to Claim" with the governing commission,
in accordance with guidelines established by the governing commission,
attesting to the fact that the member has followed program guidelines in
offering the guaranteed residence for sale, that the member is unable to
obtain an offer for purchase of the guaranteed residence for at least its
guaranteed value, and that the member intends to file a claim against the
program. Such notice shall include verifiable evidence of placement of the
guaranteed residence on the market, the dates such placement took place,
and shall list all reasonable offers to buy the property. Verifiable
evidence may include a copy of advertisements for sale, a contract with a
licensed real estate broker, or other evidence satisfactory to a majority
of the governing commission.
(h) Upon receipt of the "Notice of Intent to Claim", the governing
commission has 60 days during which it shall require the member to list the
guaranteed residence at a price that the governing commission deems
reasonable with a real estate broker of the member's choosing. The real
estate broker chosen by the member shall advertise the guaranteed residence
throughout the municipality which encompasses the territory of the program.
(i) During the 60 day period described in paragraph (h) of this Section,
the member shall forward to the governing commission all offers of purchase
by either personal delivery or registered mail.
If the member receives an offer of purchase which can reasonably be
expected to be consummated if accepted and whose gross selling value is
greater than the guaranteed value of the guaranteed residence, then no
benefits may be claimed under the program. If the member receives an
offer to purchase at a gross selling value that is less than the guaranteed
value, a majority of the Commission must determine if it is a bona fide offer. If the governing commission determines the offer is not bona fide, the offer shall be deemed rejected by the governing commission. The member shall have a right to request arbitration. If the offer is deemed bona fide, the governing commission shall, within 7 working days of the receipt
of such offer, either:
(1) approve the offer, in which case the governing
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| commission shall authorize the payment of the amount afforded under this Act upon receipt of verifiable evidence of the sale of the guaranteed residence subject to the following conditions: (i) sales involving eminent domain shall be covered as set forth in paragraph (l) of this Section; (ii) sales subsequent to an insured property and casualty loss shall be guaranteed for the guaranteed value as determined according to paragraph (e) of this Section; (iii) contract sales shall be guaranteed as determined by the guaranteed value in paragraph (e) of this Section, however proceeds payable from the program shall be disbursed in equal annual installments over the life of the contract; or
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(2) reject the offer, in which case the member shall
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| continue showing the guaranteed residence until the termination of the 60 day period. Any offer that the governing commission deems not to be a bona fide
offer shall be rejected by the governing commission.
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Unless the member and the governing commission otherwise agree, the
governing commission's failure to act upon an offer within 7 working days
shall be deemed to be a rejection of the offer.
If the member does not receive a bona fide offer within the 60 day period described in subsection (h), the Commission may order an appraisal, at the governing commission expense, of the property to determine the current fair market value. If the current fair market value is below the guaranteed value, the Commission may require the member to list the guaranteed residence at the fair market value price with a real estate broker of the member's choosing. If the member does not receive a bona fide offer within 90 days thereafter, the member may further reduce the price with the consent of the Commission. Every 90 days thereafter, the member may request, and the Commission may consent to, a reduced listing price.
(j) No guarantee is afforded by the program unless the member has accepted a bona fide offer and the sale of the guaranteed property has closed, and until 60 days after a member
files a "Notice of Intent to Claim". The governing commission
shall be required to make payments to a member only upon receipt of
verifiable evidence of the actual sale of the guaranteed residence in
accordance with the terms agreed upon between the member and the governing
commission at the time the governing commission authorized payment. If a
member rejects an offer for purchase which has been submitted to and
approved by the governing commission, the governing commission or program
shall not be liable for any future guarantee payment larger than that
authorized for this proposed sale.
(k) Except as otherwise provided in this Act, payments under the program
as provided in Section 7 of this Act shall not be made until the sale of
the guaranteed residence has closed and title has passed or the beneficial
interest has been transferred.
(l) When a guaranteed residence is to be acquired through the use of
eminent domain by a condemning body, the following procedures shall apply:
(1) If the member rejects an offer from the
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| condemning body equal to or greater than the guaranteed value, then no benefits may be claimed under the program.
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(2) If the condemning body offers less than the
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| guaranteed value, the governing commission may either: (i) pay 100% of the difference between the guaranteed value and the offered price if the member agrees to sell at the offered price; or (ii) advise the member that the offer is inadequate and should be refused. If the member refuses the offer and the final court determination of the value of the property is less than the guaranteed value, then the program shall pay 100% of the difference between the judgment and the guaranteed value.
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(Source: P.A. 95-1047, eff. 4-6-09.)
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(65 ILCS 95/9) (from Ch. 24, par. 1609)
Sec. 9. Establishing a new guaranteed value and registration date.
(a) A member has the option of applying for a new program appraisal by a
program appraiser in order to establish a new certificate of participation
with a new registration date. The governing commission may exercise the
right to require a second program appraisal in accordance with the
procedures described in Section 6 of this Act. This new guaranteed value
shall be subject to the following conditions:
(1) A new guaranteed value established solely for the |
| purpose of determining a property's increased value due to inflation may not be requested by the member until 5 years have elapsed from the member's initial registration date or 3 years have elapsed from the most recent new registration date under this item (1), whichever is later.
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(2) A new guaranteed value established due to home
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| improvements shall be granted only when the value of the home improvements exceed $5,000.
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(3) A member may not initiate a claim against the
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| program based upon the new guaranteed value until 8 years after the member's initial registration date or 3 years after the new registration date, whichever is later. Until that time, coverage shall be based on the most recent certificate of participation that meets the time limitations and the guaranteed value set forth in that certificate of participation.
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(4) If the governing commission, by majority vote,
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| determines that the application for a new appraisal is due to substantial property improvements on the guaranteed residence, then the application fee for the appraisal shall be one-half of the registration fee then being charged by the program.
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(5) If the governing commission, by a majority vote,
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| concludes that the application for a new appraisal is not due to substantial property improvements, the application fee for the new appraisal shall be the amount of the registration fee then being charged by the program.
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(6) A new guaranteed value shall be subject to all of
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| the conditions, stipulations, and provisions of this Act.
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(b) After following the above procedures, the member shall be issued a
new certificate of participation which shall state the new guaranteed value
and registration date.
(c) A member may request a new guaranteed value and registration date
only once per year.
(Source: P.A. 93-709, eff. 7-9-04.)
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(65 ILCS 95/11) (from Ch. 24, par. 1611)
Sec. 11. Guarantee Fund.
(a) Each governing commission and program
created by referendum under the provisions of this Act shall maintain a
guarantee fund for the purposes of paying the costs of administering the
program and extending protection to members pursuant to the limitations and
procedures set forth in this Act.
(b) The guarantee fund shall be raised by means of an annual tax levied
on all residential property within the territory of the program having at
least one, but not more than 6 dwelling units and classified by county
ordinance as residential. The rate of this tax may be changed from year to
year by majority vote of the governing commission but in no case shall it
exceed a rate of .12% of the equalized assessed valuation of all property
in the territory of the program having at least one, but not
more than 6 dwelling units and classified by county ordinance as
residential, or the maximum tax rate approved by the voters of the
territory at the referendum which created the program
or, in the case of a merged program, the maximum tax rate approved by
the voters at the referendum authorizing the merger, whichever rate is
lower. The commissioners shall cause the amount to be
raised by taxation in each year to be certified to the county clerk in the
manner provided by law, and any tax so levied and certified shall be
collected and enforced in the same manner and by the same officers as those
taxes for the purposes of the county and city within which the territory of
the commission is located. Any such tax, when collected, shall be paid
over to the proper officer of the commission who is authorized to receive
and receipt for such tax. The governing commission may issue tax
anticipation warrants against the taxes to be assessed for the calendar
year in which the program is created and for the first full calendar year
after the creation of the program.
(c) The moneys deposited in the guarantee fund shall, as nearly as
practicable, be fully and continuously invested or reinvested by the
governing commission in investment obligations which shall be in such
amounts, and shall mature at such times, that the maturity or date of
redemption at the option of the holder of such investment obligations shall
coincide, as nearly as practicable, with the times at which monies will be
required for the purposes of the program. For the purposes of this
Section investment obligation shall mean direct general municipal, state,
or federal obligations which at the time are legal investments under the
laws of this State and the payment of principal of and interest on which
are unconditionally guaranteed by the governing body issuing them.
(d) Except as permitted by this subsection and subsection (d-5),
the guarantee fund shall be used solely and exclusively for the
purpose of providing guarantees to members of the particular Guaranteed
Home Equity Program and for reasonable salaries, expenses, bills,
and fees incurred in administering the program, and shall be used for no other
purpose.
A governing commission, with no less than $4,000,000 in its guarantee
fund,
may, if authorized (i) by referendum duly adopted by a majority of the voters or (ii) by resolution of the governing commission upon approval by two-thirds of the commissioners,
establish a Low
Interest
Home Improvement Loan Program in accordance with and subject to procedures
established by a financial institution, as defined in the Illinois Banking Act.
Whenever
the question of creating a Low Interest Home Improvement Loan Program is
initiated by
resolution or ordinance of the corporate authorities of the municipality or by
a petition
signed by not less than 10% of the total number of registered voters of each
precinct in
the territory, the registered voters of which are eligible to sign the
petition, it shall be the
duty of the election authority having jurisdiction over the municipality to
submit the
question of creating the program to the electors of each precinct within the
territory at
the regular election specified in the resolution, ordinance, or petition
initiating the
question. A petition initiating a question described in this subsection shall
be filed with
the election authority having jurisdiction over the municipality. The petition
shall be filed
and objections to the petition shall be made in the manner provided in the
Election Code.
A resolution, ordinance, or petition initiating a question described in this
subsection shall
specify the election at which the question is to be submitted. The referendum
on the
question shall be held in accordance with the Election Code. The question
shall be in substantially the
following form:
"Shall the (name of the home equity program) |
| implement a Low Interest Home Improvement Loan Program with money from the guarantee fund of the established guaranteed home equity program?"
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The votes must be recorded as "Yes" or "No".
Whenever a majority of the voters on the public question approve the
creation of
the program as certified by the proper election authorities or a resolution of the governing commission is approved by a two-thirds majority, the commission
shall
establish the program and administer the program with funds collected under the
Guaranteed Home Equity
Program, subject to the following conditions:
(1) At any given time, the cumulative total of all
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| loans and loan guarantees (if applicable) issued under this program may not reduce the balance of the guarantee fund to less than $3,000,000.
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|
(2) Only eligible applicants may apply for a
loan.
(3) The loan must be used for the repair,
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| maintenance, remodeling, alteration, or improvement of a guaranteed residence. This condition is intended to include the repair or maintenance of a guaranteed residence's water and sewer pipes and repair of a guaranteed residence, including but not limited to basement repairs, following flooding damage to the property. This condition is not intended to exclude the repair, maintenance, remodeling, alteration, or improvement of a guaranteed residence's landscape. This condition is intended to exclude the demolition of a current residence. This condition is also intended to exclude the construction of a new residence.
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(4) An eligible applicant may not borrow more than
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| the amount of equity value in his or her residence.
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(5) A commission must ensure that loans issued are
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| secured with collateral that is at least equal to the amount of the loan or loan guarantee.
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(6) A commission shall charge an interest rate which
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| it determines to be below the market rate of interest generally available to the applicant.
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(7) A commission may, by resolution, establish other
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| administrative rules and procedures as are necessary to implement this program including, but not limited to, loan dollar amounts and terms. A commission may also impose on loan applicants a one-time application fee for the purpose of defraying the costs of administering the program.
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(d-5) A governing commission, with no less than $4,000,000 in its guarantee fund, may, if authorized by referendum duly adopted by a majority of the voters, establish a Foreclosure Prevention Loan Fund to provide low interest emergency loans to eligible applicants that may be forced into foreclosure proceedings.
Whenever the question of creating a Foreclosure Prevention Loan Fund is initiated by resolution or ordinance of the corporate authorities of the municipality or by a petition signed by not less than 10% of the total number of registered voters of each precinct in the territory, the registered voters of which are eligible to sign the petition, it shall be the duty of the election authority having jurisdiction over the municipality to submit the question of creating the program to the electors of each precinct within the territory at the regular election specified in the resolution, ordinance, or petition initiating the question. A petition initiating a question described in this subsection shall be filed with the election authority having jurisdiction over the municipality. The petition shall be filed and objections to the petition shall be made in the manner provided in the Election Code. A resolution, ordinance, or petition initiating a question described in this subsection shall specify the election at which the question is to be submitted. The referendum on the question shall be held in accordance with the Election Code. The question shall be in substantially the following form:
"Shall the (name of the home equity program) implement a Foreclosure Prevention Loan Fund with money from the guarantee fund of the established guaranteed home equity program?"
The votes must be recorded as "Yes" or "No".
Whenever a majority of the voters on the public question approve the creation of a Foreclosure Prevention Loan Fund as certified by the proper election authorities, the commission shall establish the program and administer the program with funds collected under the Guaranteed Home Equity Program, subject to the following conditions:
(1) At any given time, the cumulative total of all
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| loans and loan guarantees (if applicable) issued under this program may not exceed $3,000,000.
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(2) Only eligible applicants may apply for a loan.
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| The Commission may establish, by resolution, additional criteria for eligibility.
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(3) The loan must be used to assist with preventing
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(4) An eligible applicant may not borrow more than
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| the amount of equity value in his or her residence.
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(5) A commission must ensure that loans issued are
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| secured as a second lien on the property.
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(6) A commission shall charge an interest rate which
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| it determines to be below the market rate of interest generally available to the applicant.
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(7) A commission may, by resolution, establish other
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| administrative rules and procedures as are necessary to implement this program including, but not limited to, eligibility requirements for eligible applicants, loan dollar amounts, and loan terms.
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(8) A commission may also impose on loan applicants a
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| one-time application fee for the purpose of defraying the costs of administering the program.
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(d-10) The Northwest Home Equity Assurance Program may, if authorized (i) by referendum approved by a majority of the voters or (ii) by resolution of the governing commission upon approval by two-thirds of the commissioners, establish a Delinquent Tax Repayment Loan Fund to provide low-interest emergency loans to eligible applicants.
If the question of creating a Delinquent Tax Repayment Loan Fund is initiated by resolution or ordinance of the corporate authorities of the municipality or by a petition signed by not less than 10% of the total number of registered voters of each precinct in the territory, the registered voters of which are eligible to sign the petition, it shall be the duty of the election authority having jurisdiction over the municipality to submit the question of creating the program to the electors of each precinct within the territory at the regular election specified in the resolution, ordinance, or petition initiating the question. A resolution, ordinance, or petition initiating a question described in this subsection shall be filed with the election authority having jurisdiction over the municipality. The resolution, ordinance, or petition shall be filed and objections to the resolution, ordinance, or petition shall be made in the manner provided in the Election Code. A resolution, ordinance, or petition initiating a question described in this subsection shall specify the election at which the question is to be submitted. The referendum on the question shall be held in accordance with the Election Code. The question shall be in substantially the following form:
"Shall the (name of the home equity program)
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| implement a Delinquent Tax Repayment Loan Fund with money from the guarantee fund of the Northwest Home Equity Assurance Program?"
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|
The votes must be recorded as "Yes" or "No".
If a majority of the voters on the question approve the creation of a Delinquent Tax Repayment Loan Fund as certified by the proper election authorities or two-thirds of the commissioners, by resolution, approve the creation of a Delinquent Tax Repayment Loan Fund, the commission shall establish the program and administer the program with funds collected under the program, subject to the following conditions:
(1) At any given time, the cumulative total of all
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| loans and loan guarantees (if applicable) issued under this program may not exceed $3,000,000.
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|
(2) Only eligible applicants may apply for a loan.
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| The commission may establish, by resolution, additional criteria for eligibility.
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(3) The loan must be used to assist with repayment of
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| delinquent property taxes and for those facing imminent delinquency.
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(4) An eligible applicant may not borrow more than
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| the amount due to the treasurer's office.
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|
(5) A commission shall charge an interest rate which
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| it determines to be below the market rate of interest generally available to the applicant.
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|
(6) A commission may, by resolution, establish other
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| administrative rules and procedures as are necessary to implement this program including, but not limited to, eligibility requirements for eligible applicants, loan dollar amounts, and loan terms.
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(7) Where practicable, it shall be required that a
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| borrower obtain free housing counseling services prior to applying to this tax program for the purpose of assisting with budgeting and providing a recommendation as to whether this client is suited for this program.
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(8) A commission may also impose on loan applicants a
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| one-time application fee for the purpose of defraying the costs of administering the program.
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(e) The guarantee fund shall be maintained, invested, and expended
exclusively by the governing commission of the program for whose purposes
it was created. Under no circumstance shall the guarantee fund be used by
any person or persons, governmental body, or public or private agency or
concern other than the governing commission of the program for whose
purposes it was created. Under no circumstances shall the guarantee fund be
commingled with other funds or investments.
(e-1) No commissioner or family member of a commissioner, or employee or
family member of an employee, may receive any
financial benefit, either directly or indirectly, from the guarantee fund.
Nothing in this subsection (e-1) shall be construed to prohibit payment of
expenses to a commissioner in accordance with Section 4 or payment of salaries
or expenses to an employee in accordance with this Section.
As used in this subsection (e-1), "family member" means a spouse, child,
stepchild, parent, brother, or sister of a commissioner or a child, stepchild,
parent, brother, or sister of a commissioner's spouse.
(f) An independent audit of the guarantee fund and the management of the
program shall be conducted annually and made available to the public
through any office of the governing commission or a public facility such as
a local public library located within the territory of the program.
(Source: P.A. 102-599, eff. 1-1-22 .)
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