(765 ILCS 77/74)
Sec. 74. Counselor; required information. As part of the predatory lending database program, a counselor must submit all of the following information for inclusion in the predatory lending database:
(1) The information called for in items (1), (6),
(9), (11), (12), (13), (14), (15), (16), (17), and (18) of Section 72.
(2) Any information from the borrower that confirms
or contradicts the information called for under item (1) of this Section.
(3) The name of the counselor and address of the
HUD-approved housing counseling agency that employs the counselor.
(4) Information pertaining to the borrower's monthly
expenses that assists the counselor in determining whether the borrower can afford the loans or loans for which the borrower is applying.
(5) A list of the disclosures furnished to the
borrower, as seen and reviewed by the counselor, and a comparison of that list to all disclosures required by law.
(6) Whether the borrower provided tax returns to the
broker or originator or to the counselor, and, if so, who prepared the tax returns.
(7) A statement of the recommendations of the
counselor that indicates the counselor's response to each of the following statements:
(A) The loan should not be approved due to
indicia of fraud.
(B) The loan should be approved; no material
problems noted.
(C) The borrower cannot afford the loan.
(D) The borrower does not understand the
transaction.
(E) The borrower does not understand the costs
associated with the transaction.
(F) The borrower's monthly income and expenses
have been reviewed and disclosed.
(G) The rate of the loan is above market rate.
(H) The borrower should seek a competitive bid
from another broker or originator.
(I) There are discrepancies between the
borrower's verbal understanding and the originator's completed form.
(J) The borrower is precipitously close to not
being able to afford the loan.
(K) The borrower understands the true cost of
debt consolidation and the need for credit card discipline.
(L) The information that the borrower provided
the originator has been amended by the originator.
(Source: P.A. 97-813, eff. 7-13-12; 98-1081, eff. 1-1-15.)
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Last modified: February 18, 2015