47 Ill. Adm. Code 260.401
Mortgage Loans
Section 260
Section 260.401 Mortgage
Loans
Each Mortgage Loan to be
purchased under the Programs shall comply with the terms of the Lender
Application, the Notice of Acceptance and the Mortgage Purchase Agreement, and
shall specifically comply with the following requirements, among others:
a) The original principal amount of each Mortgage Loan shall fall
below the maximum price limits as set by the Authority from time to time. Each
Mortgage Loan that has a loan-to-Property Value ratio in excess of 80% at the
time of origination shall:
1) be insured by a private mortgage insurer licensed to do
business in the State and qualified to insure single family mortgages purchased
by the FHLMC, FNMA or successor federal agencies to the extent, if any,
required, so that the uninsured portion of the Mortgage Loan shall not exceed 67%
of the Property Value; or
2) be subject to insurance or guaranty by the FHA or the VA or
any other agency or instrumentality of the United States of America having
similar powers to insure or guarantee mortgage loans.
b) Each
Mortgage Loan, if required by the Authority, shall be subject to Supplemental
Mortgage Coverage.
c) Each Mortgage Loan to be purchased by the Authority or its
designee shall be secured by a Mortgage on a Qualified Dwelling and shall also
meet the applicable terms and conditions set forth in this Part, the Lender
Application, the Notice of Acceptance and the Mortgage Purchase Agreement.
Lenders shall sell to the Authority or its designee, and the Authority or its
designee
shall purchase, only Mortgage Loans made to Eligible Borrowers.
d) Each Mortgage securing a Mortgage Loan to be purchased by the
Authority shall:
1) be executed on a form approved by the Authority;
2) be a valid first mortgage lien on a Qualified Dwelling;
3) be consistent with Illinois law; and
4) conform with the requirements prescribed by the Authority and
any applicable insurer.
e) Each Mortgage Loan to be purchased by the Authority or its
designee shall be assumable and assignable, unless otherwise required by Section
103 of the Code, any other applicable sections of the Code or any other applicable
State or federal law as may be enacted from time to time, and shall contain a
provision giving the Authority or its designee the right to accelerate the
maturity of the Mortgage Loan upon sale or lease of the Qualified Dwelling,
unless otherwise allowed or required by applicable State or federal law.
f) The purchase price of each Qualified Dwelling that is the
subject of a Mortgage Loan to be purchased by the Authority or its designee under
the Programs shall
fall below the maximum price limits set by the
Authority from time to time.
g) The Authority or its designee shall not be required to purchase
any Mortgage Loan if, on the date of purchase, the obligor of the Mortgage Loan
is delinquent in the payment of any installment of principal, interest or other
amounts due under the terms of the Mortgage Loan.
h) The Authority or its designee may foreclose Mortgages held as
security for Mortgage Loans purchased under this Part that are in default
according to their terms, or reassign the Mortgages to the Lender in accordance
with the terms of the Mortgage Purchase Agreement. The Authority or its
designee may take title in its name upon foreclosure and to subsequently convey
title to the property to any purchaser of the property.