(205 ILCS 635/7-13)
Sec. 7-13. Prohibited acts and practices for mortgage loan originators. It is a violation of this Act for an individual subject to this Act to:
(1) Directly or indirectly employ any scheme,
device, or artifice to defraud or mislead borrowers or lenders or to defraud any person.
(2) Engage in any unfair or deceptive practice
toward any person.
(3) Obtain property by fraud or misrepresentation.
(4) Solicit or enter into a contract with a borrower
that provides in substance that the person or individual subject to this Act may earn a fee or commission through "best efforts" to obtain a loan even though no loan is actually obtained for the borrower.
(5) Solicit, advertise, or enter into a contract for
specific interest rates, points, or other financing terms unless the terms are actually available at the time of soliciting, advertising, or contracting.
(6) Conduct any business covered by this Act without
holding a valid license as required under this Act, or assist or aid and abet any person in the conduct of business under this Act without a valid license as required under this Act.
(7) Fail to make disclosures as required by this Act
and any other applicable State or federal law, including regulations thereunder.
(8) Fail to comply with this Act or rules or
regulations promulgated under this Act, or fail to comply with any other state or federal law, including the rules and regulations thereunder, applicable to any business authorized or conducted under this Act.
(9) Make, in any manner, any false or deceptive
statement or representation of a material fact, or any omission of a material fact, required on any document or application subject to this Act.
(10) Negligently make any false statement or
knowingly and willfully make any omission of material fact in connection with any information or report filed with a governmental agency or the Nationwide Mortgage Licensing System and Registry or in connection with any investigation conducted by the Director or another governmental agency.
(11) Make any payment, threat or promise, directly
or indirectly, to any person for the purpose of influencing the independent judgment of the person in connection with a residential mortgage loan, or make any payment threat or promise, directly or indirectly, to any appraiser of a property, for the purpose of influencing the independent judgment of the appraiser with respect to the value of the property.
(12) Collect, charge, attempt to collect or charge,
or use or propose any agreement purporting to collect or charge any fee prohibited by this Act, including advance fees for loan modification.
(13) Cause or require a borrower to obtain property
insurance coverage in an amount that exceeds the replacement cost of the improvements as established by the property insurer.
(14) Fail to truthfully account for monies belonging
to a party to a residential mortgage loan transaction.
(15) Engage in conduct that constitutes dishonest
dealings.
(16) Knowingly instruct, solicit, propose, or cause a
person other than the borrower to sign a borrower's signature on a mortgage related document, or solicit, accept or execute any contract or other document related to the residential mortgage transaction that contains any blanks to be filled in after signing or initialing the contract or other document, except for forms authorizing the verification of application information.
(17) Discourage any applicant from seeking or
participating in housing or financial counseling either before or after the consummation of a loan transaction, or fail to provide information on counseling resources upon request.
(18) Charge for any ancillary products or services,
not essential to the basic loan transaction for which the consumer has applied, without the applicant's knowledge and written authorization, or charge for any ancillary products or services not actually provided in the transaction.
(19) Fail to give reasonable consideration to a
borrower's ability to repay the debt.
(20) Interfere or obstruct an investigation or
examination conducted pursuant to this Act.
(21) Structure activities or contracts to evade
provisions of this Act.
(Source: P.A. 96-112, eff. 7-31-09; 97-891, eff. 8-3-12.)
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Last modified: February 18, 2015