47 Ill. Adm. Code 300.301
Mortgage Loans
Section 300.301 Mortgage Loans
Each Mortgage Loan to be purchased under the Program 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 not exceed the maximum
loan amount set by the Authority from time to time. The loan-to-Property Value
ratio for each Mortgage Loan shall not exceed the maximum loan-to-Property
Value ratio set by the Authority from time to time.
b) Each
Mortgage Loan shall be Insured, unless, and only to the extent that, FNMA,
FHLMC or GNMA, as issuer and/or guarantor of Mortgage-Backed Securities, do not
require that particular Mortgage Loans be insured to be included in pools of
Mortgage Loans underlying Mortgage-Backed Securities issued and/or guaranteed
by FNMA, FHLMC or GNMA.
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 or its
designee shall:
1) be
executed on a form approved by the Authority or its designee;
2) be a
valid first Mortgage lien on a Qualified Dwelling;
3) have a
term not exceeding 40 years;
4) be
consistent with Illinois law; and
5) 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
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.
g) 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 to
the property in its name upon foreclosure and to subsequently convey title to
the property to any purchaser of the property.