Chapter 765 — PROPERTY

(765 ILCS 835/12) (from Ch. 21, par. 21.5) Sec. 12. In the event the owner, the claimant, or the heirs-at-law and next-of-kin or the specific legatees under the will of either the owner or claimant submits proof of ownership to the court or appears and answers the petition, the p…

(765 ILCS 835/13) (from Ch. 21, par. 21.6) Sec. 13. In the event that, at any time within one year after adjudication of abandonment, the owner or claimant of an interment right, entombment rights in a community mausoleum or lawn crypt section, or an inurnment right in a communit…

(765 ILCS 835/14) (from Ch. 21, par. 21.7) Sec. 14. After the expiration of one year from the date of entry of an order adjudging an interment right, entombment rights in a community mausoleum or lawn crypt section, or inurnment right in a community columbarium to have been aband…

(765 ILCS 835/14.5) Sec. 14.5. Correction of encroachment on interment, entombment, or inurnment rights. (a) Whenever a cemetery becomes aware that there is an encroachment on or in the lawful interment, inurnment, or entombment rights of another, and when the cemetery buried or …

(765 ILCS 835/15) (from Ch. 21, par. 21.8) Sec. 15. Purchases made pursuant to this Act shall be made in compliance with the "Local Government Prompt Payment Act", approved by the Eighty-fourth General Assembly. (Source: P.A. 84-731.)

(765 ILCS 835/16) Sec. 16. When a multiple interment right owner becomes deceased, the ownership of any unused rights of interment shall pass in accordance with the specific bequest in the decedent's will. If there is no will or specific bequest then the ownership and use of the …

(765 ILCS 835/17) Sec. 17. Memorialization of veteran remains. (a) If a veterans' organization or not-for-profit corporation has identified human remains of a veteran that are more than 100 years old and wishes to have a marker placed to designate the grave as that of a veteran, …

(765 ILCS 835/2) (from Ch. 21, par. 16) Sec. 2. (a) The cemetery authority is hereby authorized to make rules and regulations for the government thereof, including rules regarding the driving of cars, motorcycles, carriages, processions, teams, and the speed thereof, the use of a…

(765 ILCS 835/3) (from Ch. 21, par. 17) Sec. 3. The cemetery authority may appoint policemen to protect such cemetery and preserve order therein, and such policemen shall have the same power in respect to any offenses committed in such cemetery, or any violation of this act, that…

(765 ILCS 835/4) (from Ch. 21, par. 18) Sec. 4. The cemetery authority may set apart such portion as they see fit of the moneys received from the sale of the interment, entombment, or inurnment rights, in such cemetery or graveyard, which sums shall be kept separate from all othe…

(765 ILCS 835/5) (from Ch. 21, par. 19) Sec. 5. It shall be the duty of the cemetery authority of a public graveyard to receive by gift or bequest, real or personal property, or the income or avails of property which shall be conveyed in trust for the improvement, maintenance, re…

(765 ILCS 835/5a) (from Ch. 21, par. 19a) Sec. 5a. The cemetery authority may invest the funds received under Section 4 or 5 in notes secured by a first mortgage or trust deed upon improved or income producing real estate situated in this State and not exceeding one-half the valu…

(765 ILCS 835/6) (from Ch. 21, par. 20) Sec. 6. The trust fund mentioned in Sections 4 and 5 of this act, shall be vested in the board of directors and trustees, and the securities taken therefor shall be approved by circuit court for the county wherein such cemetery or graveyard…

(765 ILCS 835/7) (from Ch. 21, par. 21) Sec. 7. The trust funds, gifts and bequests mentioned in sections four (4) and five (5) of this act, shall be exempt from taxation and from the operation of all laws of mortmain, and laws against perpetuities and accumulations. (Source: Law…

(765 ILCS 835/8) (from Ch. 21, par. 21.1) Sec. 8. If the cemetery is a privately owned cemetery, as defined in Section 2 of the Cemetery Care Act, or a licensed cemetery authority under the Cemetery Oversight Act, or if the burial lot or grave, vault, tomb, or other such structur…

(765 ILCS 835/9) (from Ch. 21, par. 21.2) Sec. 9. When there is no memorial, monument, or marker installed on a cemetery interment right, entombment rights in a community mausoleum or lawn crypt section, or inurnment rights in a community columbarium; no interment in a cemetery i…

(765 ILCS 905/0.01) (from Ch. 95, par. 50) Sec. 0.01. Short title. This Act may be cited as the Mortgage Act. (Source: P.A. 86-1324.)

(765 ILCS 905/1) (from Ch. 95, par. 51) Sec. 1. Any mortgage heretofore or hereafter executed by a public utility (as defined in Section 3-105 of The Public Utilities Act), or by any corporation that may own or operate, within the State, any plant, equipment or property that shal…

(765 ILCS 905/13) (from Ch. 95, par. 63) Sec. 13. Any person who has a mortgage lien upon any land against which there exists a prior mortgage may pay any interest or any installment of the principal or interest which may be in default upon any such prior mortgage and all such su…

(765 ILCS 905/13.1) Sec. 13.1. Real estate; real property. As used in this Act, "real estate" and "real property" include a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encu…

(765 ILCS 905/14) (from Ch. 95, par. 64) Sec. 14. "An Act to revise the law in relation to mortgages of real and personal property and to validate certain transactions, including filings or recordings of mortgages of personal property, and affidavits of extension or renewal there…

(765 ILCS 905/15) (from Ch. 95, par. 65) Sec. 15. Notwithstanding the repeal of said Act approved March 26, 1874, any mortgage executed prior to midnight on July 1, 1962 in conformity with the provisions of said Act in effect at the time of the execution thereof may be recorded o…

(765 ILCS 905/16) (from Ch. 95, par. 66) Sec. 16. This Act shall take effect at midnight on July 1, 1962. (Source: Laws 1961, 1st Spec.Sess., p. 42.)

(765 ILCS 905/17) Sec. 17. Notwithstanding any other provisions of this Act: (1) The Act does not abrogate the Illinois common law that the payment in full of a debt secured by a mortgage extinguishes the lien. (2) Payment in full of a debt secured by a mortgage pursuant to a pay…

(765 ILCS 905/2) (from Ch. 95, par. 52) Sec. 2. Every mortgagee of real property, his or her assignee of record, or other legal representative, having received full satisfaction and payment of all such sum or sums of money as are really due to him or her from the mortgagor, and e…

(765 ILCS 905/3) (from Ch. 95, par. 53) Sec. 3. An instrument in writing which releases a mortgage or trust deed of real property may be acknowledged or proved in the same manner as deeds for the conveyance of land. (Source: Laws 1961, 1st Spec.Sess., p. 42.)

(765 ILCS 905/4) (from Ch. 95, par. 54) Sec. 4. If any mortgagee or trustee, in a deed in the nature of a mortgage, of real property, or his or her executor or administrator, heirs or assigns, knowing the same to be paid, shall not, within 30 days after the payment of the debt se…

(765 ILCS 905/5) (from Ch. 95, par. 55) Sec. 5. Every deed conveying real estate, which shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage. (Source: Laws 1961, 1st Spec…

(765 ILCS 910/1) (from Ch. 17, par. 4901) Sec. 1. This Act shall be known as the "Mortgage Escrow Account Act". (Source: P.A. 79-625.)

(765 ILCS 910/10) (from Ch. 17, par. 4910) Sec. 10. The provisions of this Act shall not be applicable to a mortgage lender using the capitalization method of accounting for receipt of payments for taxes. The capitalization method shall mean crediting such tax payments directly t…

(765 ILCS 910/11) (from Ch. 17, par. 4911) Sec. 11. Notice of the requirements of the Act shall be furnished in writing to the borrower at the date of closing. (Source: P.A. 79-625.)

(765 ILCS 910/12) (from Ch. 17, par. 4912) Sec. 12. This Act takes effect on January 1, 1976. (Source: P.A. 79-625.)

(765 ILCS 910/15) Sec. 15. Notice of tax payments. (a) When any mortgage lender pays the property tax from an escrow account, the mortgage lender must give the borrower written notice of the following, within 45 business days after the tax payment: (1) the date the taxes were pai…

(765 ILCS 910/2) (from Ch. 17, par. 4902) Sec. 2. As used in this Act, unless the context requires otherwise: (a) "Escrow Account" means any account established by the mortgage lender in conjunction with a mortgage loan on a residence, into which the borrower is required to make …

(765 ILCS 910/3) (from Ch. 17, par. 4903) Sec. 3. Escrow Accounts or escrow-like arrangements established after the effective date of this Act in conjunction with mortgage agreements for single-family owner occupied residential property are hereby declared separate and distinct t…

(765 ILCS 910/4) (from Ch. 17, par. 4904) Sec. 4. On or after the effective date of this Act, each mortgage lender in conjunction with the granting or servicing of a mortgage on a single-family owner occupied residential property, shall comply with the provisions of this Act. (So…

(765 ILCS 910/5) (from Ch. 17, par. 4905) Sec. 5. (a) When the mortgage is reduced to 65% of its original amount by payments of the borrower, timely made according to the provisions of the loan agreement secured by the mortgage, and the borrower is otherwise not in default on the…

(765 ILCS 910/6) (from Ch. 17, par. 4906) Sec. 6. In lieu of the mortgage lender establishing an escrow account or an escrow-like arrangement, a borrower may pledge an interest bearing time deposit with the mortgage lender in an amount sufficient to secure the payment of anticipa…

(765 ILCS 910/6.5) Sec. 6.5. Homeownership preservation program. (a) For purposes of this Section, "Homeownership Preservation Program" means (1) a program that is expressly intended to assist homeowners by refinancing or restructuring existing mortgage obligations either (i) to …

(765 ILCS 910/7) (from Ch. 17, par. 4907) Sec. 7. The borrower shall not have the right to terminate any such arrangement under Section 5 in conjunction with mortgages insured, guaranteed, supplemented, or assisted by the State of Illinois or the federal government that require a…

(765 ILCS 910/8) (from Ch. 17, par. 4908) Sec. 8. If after terminating an escrow arrangement under the conditions of this Act, the borrower does not furnish to the lender sufficient evidence of payment of the taxes when due on the residence covered by the mortgage with respect to…

(765 ILCS 910/9) (from Ch. 17, par. 4909) Sec. 9. Failure of any mortgage lender operating within this State to comply with the provisions of this Act shall entitle the borrower to actual damages in a court action. (Source: P.A. 79-625.)

(765 ILCS 915/0.01) (from Ch. 17, par. 5000) Sec. 0.01. Short title. This Act may be cited as the Mortgage Tax Escrow Act. (Source: P.A. 86-1324.)

(765 ILCS 915/1) (from Ch. 17, par. 5001) Sec. 1. No agreement for the mortgage of a single-family residence shall contain any requirement that the mortgagor of the residence shall maintain in any escrow account for the payment of real property taxes or in any escrow-like arrange…

(765 ILCS 920/0.01) (from Ch. 95, par. 70) Sec. 0.01. Short title. This Act may be cited as the Mortgage Payment Statement Act. (Source: P.A. 86-1324.)

(765 ILCS 920/1) (from Ch. 95, par. 71) Sec. 1. As used in this Act: "Agreement" means any mortgage, trust deed or other conveyance having the effect of a mortgage, or any contract for deed, with respect to real property situated in this State. "Obligor" means the mortgagor, the …

(765 ILCS 920/2) (from Ch. 95, par. 72) Sec. 2. When any agreement provides for periodic payments to be made by the obligor to the obligee, which payments are to include taxes or insurance, or both, with respect to the property covered by the agreement, and the amount of such per…

(765 ILCS 925/1) (from Ch. 67 1/2, par. 901) Sec. 1. This Act shall be known and may be cited as the Notice of Prepayment of Federally Subsidized Mortgage Act. (Source: P.A. 85-1438.)

(765 ILCS 925/2) (from Ch. 67 1/2, par. 902) Sec. 2. It is the purpose of this Act to preserve and retain to the maximum extent practicable, as housing affordable to low and moderate income families or persons, those privately owned dwelling units that were provided for such purp…

(765 ILCS 925/3) (from Ch. 67 1/2, par. 903) Sec. 3. As used in this Act: (a) "IHDA" means the Illinois Housing Development Authority. (b) "FmHA" means the Farmers Home Administration or a local housing authority administering an FmHA program. (c) "HUD" means the United States De…