State of Illinois
91st General Assembly
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91_HB0190

 
                                               LRB9101004SMpr

 1        AN ACT to amend the  Mortgage  Insurance  Limitation  and
 2    Notification  Act  by  changing Section 15, repealing Section
 3    20, and adding Section 21.

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section   5.    The  Mortgage  Insurance  Limitation  and
 7    Notification Act is amended by changing Section 15 and adding
 8    Section 21 as follows:

 9        (765 ILCS 930/15)
10        Sec. 15.  Transaction disclosure.  After July 1, 1998, if
11    a person enters into a transaction to obtain a  mortgage  for
12    his or her principal residence and private mortgage insurance
13    may  be  required  in  connection  with that transaction, the
14    mortgagee shall disclose in writing all of the following:
15             (1)  Whether  private  mortgage  insurance  will  be
16        required to be obtained or maintained with respect to the
17        mortgage.
18             (2)  The period during which the insurance shall  be
19        required to be in effect.
20             (3)  The  conditions  under  which the mortgagor may
21        cancel the insurance.
22             (4)  That when the mortgagor's  equity  interest  in
23        the  residence  which  is  the  subject  of  the mortgage
24        reaches 20%,  the  mortgagee  shall  cancel  the  private
25        mortgage  insurance  and  notify  the  mortgagor  of  the
26        cancellation  and that the mortgagor no longer has to pay
27        private mortgage insurance premiums. the  mortgagor  will
28        be  notified  not  less  than  annually of an address and
29        telephone  number  that  may  be  used  to  contact   the
30        mortgagee  to  determine whether or not the insurance may
31        be terminated and, if the insurance  may  be  terminated,
 
                            -2-                LRB9101004SMpr
 1        the conditions and procedures for termination.
 2    (Source: P.A. 90-455, eff. 7-1-98.)

 3        (765 ILCS 930/21 new)
 4        Sec. 21.  Private mortgage insurance cancellation.
 5        (a)  A   mortgagee  shall  cancel  the  private  mortgage
 6    insurance carried by a mortgagor when that mortgagor's equity
 7    interest in  the  residence  which  is  the  subject  of  the
 8    mortgage reaches 20%.  Upon cancellation, the mortgagee shall
 9    notify  the mortgagor that the private mortgage insurance has
10    been cancelled and that the mortgagor no longer has  to  make
11    private  mortgage  insurance premium payments.  The mortgagee
12    shall notify the mortgagor, at the  same  time,  of  the  new
13    monthly payment amount.
14        (b)  If  a  mortgagee does not comply with the provisions
15    of subsection  (a),  the  mortgagor  shall  be  refunded  any
16    premiums  paid  to the mortgagee after the mortgagor's equity
17    interest in  the  residence  which  is  the  subject  of  the
18    mortgage reaches 20%.

19        (765 ILCS 930/20 rep.)
20        Section   10.   The  Mortgage  Insurance  Limitation  and
21    Notification Act is amended by repealing Section 20.

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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