Is Illinois a Title State or an Attorney State?
No Illinois law requires an attorney at closing, and title companies typically conduct the closing and handle escrow. Buyers and sellers commonly hire their own attorneys, though, especially in northern Illinois, where the standard residential contract includes an attorney review period.
Is Illinois a Community Property State for Mortgages?
No. Illinois is not a community property state. Under Illinois homestead law, however, a spouse or civil union partner's signature is needed to release homestead rights in the home, so a non-borrowing spouse typically signs the mortgage or a homestead waiver even when they aren't on the loan.
What Is Illinois's Anti-Predatory Lending Database, and Which Loans Does It Affect?
In Cook, Kane, Peoria and Will counties, most owner-occupied 1-4 unit mortgage loans must be registered in the state's Anti-Predatory Lending Database, and the mortgage can't be recorded without a certificate of compliance or exemption from the database. If the loan has certain features, such as an adjustable rate, interest-only payments, a prepayment penalty or points and fees above 5%, borrowers who are first-time buyers or refinancing their primary residence must complete HUD-approved housing counseling before the loan can move forward.